Terms and conditions of ToitChezMoi
Minimum age required at the time of registration
At the time of their registration, the Solidarity Traveler and the Host agree to have reached the legal age of majority in their country.
In France, only people over 18 years old have the right to create a ToitChezMoi account. To create an account with false information constitutes a violation of our Terms and Conditions.
Residence permit in good standing required for ToitChezMoi registration
Any Solidarity Traveler present on the territory of a State must have a valid residence permit.
In general, by registering on ToitChezMoi, the Solidarity Travelers commit themselves to be in a legal situation with the country where they are seeking accommodation.
The purpose of these general terms and conditions is to define the terms and conditions for the provision of services (hereinafter referred to as the “Services”) accessible on the TOITCHEZMOI.COM site, as well as to define the rights and obligations of the parties in this context.
The WWW.TOITCHEZMOI.COM site is hereinafter referred to as the “Site”.
The Site provides Internet users with a service for hosting real estate rental ads. It thus allows the connection of people who offer and people who are looking for a rental.
Internet users who offer a rental and place an ad online for this purpose are hereinafter referred to as “Hosts” (whether or not they are hosting the property concerned in the legal sense. On this point, we expressly refer to article 10.2). Internet users who are looking for a rental and consult the advertisements for this purpose are hereinafter referred to as “Applicants”.
Hosts and Applicants are hereinafter referred to together as “Members”.
The present general conditions are accessible and printable at any time in the “CGU” section (General Conditions of Use).
2. Operator of the Site and Services, Contact
2.1 The Site and the Services are operated by the company ARKAE, SAS with a share capital of 20,000 euros, registered in the Strasbourg Trade and Companies Register under the number 807956834, whose registered office is located at 10 rue de Haguenau – 67000 STRASBOURG (hereinafter: “TOITCHEZMOI”)
2.2 TOITCHEZMOI can be contacted at the following address:
Postal address: 10 rue de Haguenau – 67000 STRASBOURG
E-mail address: firstname.lastname@example.org
3. Access to the Site and Services
3.1 The Site and the Services are accessible :
- To any natural person with full legal capacity to commit under these terms and conditions, which implies that the site or services are intended only for adults. Any access or use of the Site or Services by a minor is strictly prohibited. By accessing or using the Site or Services, you represent and warrant that you are over 18 years of age.
An individual who does not have full legal capacity may only access the Site and the Services with the consent of his/her legal representative.
Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
3.2 Members shall be personally responsible for setting up the computer and telecommunication resources required to access the Site.
They shall bear the telecommunication costs of accessing the Internet and using the Site.
4. Acceptance of the general conditions
The acceptance of the present general conditions is materialized by the validation of the registration form.
This acceptance can only be full and complete. Any membership with reservations is considered null and void. Any Member who does not agree to be bound by these terms and conditions must not access the Site or use the Services.
5. Registration for Services
5.1 The use of the Services requires the Internet user to register on the Site, either as a Host or as an Applicant, depending on the use he/she wishes to make of the Site and the Services. To do so, he/she must fill in the appropriate form on the Site, filling in all the fields marked as mandatory. Any incomplete registration will not be validated. Once this validation has been carried out, the Internet user becomes a Member.
Registration automatically leads to the opening of an account in the Member’s name (hereinafter: the “Account”), which allows him/her to have access to a personal space (hereinafter: the “Personal Space”) in a form and according to the means that TOITCHEZMOI deems most appropriate for providing this Service.
The Host’s Personal Space allows him/her to
Modify his/her personal information,
Create and manage their ads,
Manage the Requests for rental against services that it receives (defined in article 6.3.1)
The Applicant’s Personal Space allows him/her to
Modify their personal information as well as the information contained in their Profile (hereinafter referred to as the “Profile”),
Manage the Rental Requests that he/she sends.
5.2 To create an account on ToitChezMoi :
– If you are a Host: click on the purple button “I offer accommodation”. Post a free ad and fill in the 3 fields and press on ” I register for free “. You can also click on the button Register with Facebook or Google for an even faster free registration. YouHereAgain does not post on your behalf on Facebook. By allowing YouHereMy to make your phone number or mailing address visible, you can be contacted by all PREMIUM member applicants of YouHereMy. By becoming a PREMIUM member, you will receive the contact information of all Applicants matching your expectations.
– If you are an Applicant: click on the green button “I am looking for a home”. Go to ToitChezMoi.com and search for a home in exchange for services by entering the city of your choice in the search bar. Once you have found an ad that matches your search and you have clicked on it, you can register for free by filling in the 3 fields. Then click on “Contact the owner for free”. You can also register with Facebook. Registration is free on ToitChezMoi. By authorizing ToitChezMoi to make your phone number or mailing address visible, you can be contacted by all ToitChezMoi PREMIUM member hosts. By becoming a PREMIUM member, you will receive the contact information of all the Hosts offering accommodation in exchange for services.
Once you have registered, we recommend that you fill in your profile in order to have the best chance of renting your property or finding a home that meets your expectations.
5.3 The Member guarantees that all the information he/she provides in the registration form is accurate, up-to-date and sincere and is not misleading. The Member undertakes to update this information in his or her Personal Space in the event of changes, so that it always corresponds to the above-mentioned criteria.
The Member is informed and accepts that the information entered for the purpose of creating or updating his or her Account is proof of his or her identity. The information entered by the Member is binding as soon as it is validated.
5.4 The Member may access his or her Personal Space at any time after having identified himself or herself using his or her connection identifier and password.
The Member undertakes to use the Services personally and not to allow any third party to use them in his/her place or on his/her behalf, unless he/she bears full responsibility for doing so. He is also responsible for maintaining the confidentiality of his login and password. Any use of the Services made with Member’s login and password shall be deemed to be made by Member and Member shall be solely responsible for such use.
The Member shall immediately contact TOITCHEZMOI at the address mentioned in article 2.2 hereof if it notices that its Account has been used without its knowledge. The Member acknowledges TOITCHEZMOI’s right to take all appropriate measures in such a case.
6. Description of the Services
6.1 Categories of ads
The Site allows the posting and consultation of different categories of ads:
- Housing in exchange for services: housing offered in exchange for one or more services corresponding to a maximum of 12 hours of services per week, including weekends, such as tutoring, childcare, gardening or babysitting.
- Intergenerational co-habitation allows a host over 60 to rent part of his or her home to a student or young worker under 30 in exchange for services and a modest financial contribution. Practice regulated by the Elan law
- Low-cost accommodation in exchange for services: allows a host to rent a whole flat on a monthly basis at a moderate price, below the market price, and to benefit in exchange from some services rendered to be agreed with the traveller.
This price must be indicated in the ad. Example: “I offer a room for five (5) hours of services, tutoring, per week plus a monthly rent of 300€.“
- Free accommodation without exchange of services for a few nights – Couchsurfing
Select the type of your accommodation
When travellers book your accommodation, they want to know what to expect. Choose the type of accommodation that best suits your needs and be sure to provide additional and accurate details.
Travellers have the entire accommodation at their disposal, with a private entrance and no shared space.
A whole house usually consists of a bedroom, bathroom and kitchen.
Be sure to specify whether you will be present in the accommodation (e.g. “The host occupies the first floor of the accommodation”).
Mobile homes, chalets, cottages are considered to be whole accommodation if they are not shared.
Travellers will have their own private room to sleep in.
Other rooms, such as the kitchen, bathroom or living room, may be shared.
Will travellers have their own bathroom? Indicate this in the description.
Intergenerational cohabitation under the Elan law
Travellers must be under 30 years of age, active or on a professionalization or apprenticeship contract.
Travellers have their own private room for sleeping.
Other rooms, such as the kitchen or living room, can be shared.
Will travellers have their own bathroom? Indicate this in the description.
The types of intergenerational housing
From a legal point of view, the rent for intergenerational housing is very flexible.
The rules of intergenerational co-housing are legally defined but both parties can choose between these three modes of operation:
-The free provision of part of the intergenerational accommodation in return for services rendered. In this case, the student does not pay any rent but undertakes to be present on certain evenings to keep the senior company and to accompany him or her in carrying out certain tasks such as cleaning or preparing meals.
-The provision of part of the intergenerational accommodation in return for a financial contribution and services rendered. The student pays a moderate rent and undertakes to provide some occasional services, but can enjoy his or her free time.
ATTENTION: Please note that the services provided do not replace the services of a home help or medical assistance.
Couchsurfing for a few nights
Travellers, visiting your country or region on a trip, are provided with free accommodation (a bed, a sofa, a meal or even a coffee).
Other rooms, such as the kitchen, bathroom or living room, can be shared.
Shared room: Beware!
To avoid any risk of pimping, you cannot share a room or a bed on ToitChezMoi. Any advert in this sense will not be validated.
6.2 Putting ads online
6.2.1 Only Hosts may place ads online, through their Personal Space. The number of ads per Guest is limited to one, and the duration of their posting is limited to 30 calendar days or to the duration of the PREMIUM PASS (art. 21).
Ads are placed online in a form and using the technical means that TOITCHEZMOI deems most appropriate for providing this Service. They consist of information provided by the Host.
Each ad may be accompanied by photographs to illustrate it, up to a maximum of five. These photographs may be subject to modifications, in particular with respect to their framing, format and colors, as well as alterations or degradations in the quality of the image due to technical constraints and requirements, in particular those related to their encoding, compression or distribution on the Internet. Once the ad has been put online, the Host can modify or delete it at any time through his Personal Space.
6.2.2 The Host must check his ad before sending it. The Host undertakes to modify it if he/she notices that it does not correspond to the rental in question.
6.3 Connecting the Host and the Solidarity Traveller
6.3.1 Establishing contact through the advertisements
The Applicant may consult all the advertisements posted on the Website, which he may access in particular by conducting a search based on a selection of criteria.
Subject to the provisions of Article 7, Applicants wishing to contact a Host may send a request for contact (referred to as a “Rental Request”), in the form and using the technical means that TOITCHEZMOI deems most appropriate for providing this Service.
The Host shall receive the Rental Request for service in his Personal Space and may consult the Applicant’s Profile. The Host is free to accept or reject the Request.
Warning: the acceptance of a Rental Request does not constitute in any way a consent to the rental concerned, but only the acceptance, by the Host, to enter into contact with the Solidarity Traveler.
If the Host accepts the Rental Request, he and the Solidarity Traveller are informed by email of their respective contact details, and it is up to them to put themselves in contact.
6.3.2 Establishing contact through the other Services
The Host has access to the list of Applicants who are looking for a rental in his geographical area and, subject to the provisions of article 7, can access their contact details.
The Applicant may create alerts through its Personal Space, in a form and according to the technical means that TOITCHEZMOI deems most appropriate to provide this Service.
The Applicant is hereby informed and expressly accepts that, if he/she fills in the “geographical area” field of his/her Profile and/or activates an alert, his/her contact information may be accessible and/or transmitted to the interested Hosting Companies.
7. Obligations of the Host
7.1 The Host undertakes to use the Site and the Services in accordance with these general terms and conditions, without infringing public order or the rights of third parties and, more generally, without violating the laws and regulations in force.
7.2 The Host undertakes to offer for rent only properties that he/she is entitled to rent or sublet, to comply with any conditions that may apply to this rental or subletting as well as to the use of the property concerned and to obtain all the necessary authorizations, where applicable.
7.3 The Host undertakes to comply with all legal and regulatory obligations and to complete all administrative, tax and/or social formalities that may be required as a result of his/her use of the Services and/or in the context of the rental that he/she offers (for example, without this list being exhaustive, the formalities to be carried out with regard to bed and breakfast accommodation or the employment of a person at home).
7.4 The Host is solely responsible for the information contained in the advertisement (texts, information and photographs) that he/she puts online.
He/she undertakes to provide only honest, complete and true information in the ad, which is not likely to mislead the public. The Host also undertakes to update the advertisement if necessary, in particular with regard to his/her reservation schedule.
The Host expressly guarantees TOITCHEZMOI:
– that they faithfully represent the real estate object of the ad and its environment and are not likely to mislead the public,
– that it is the sole and unique owner of all intellectual property rights related to these photographs and that, if not, it has acquired all authorizations, licenses, and concessions necessary for their distribution from all authors and, more generally, from all holders of rights on all or part of these photographs;
– that he has obtained all necessary authorizations from all persons whose image or property is reproduced in the said photographs, or from all persons holding the authority to consent to it
– that he/she does not infringe any third party rights of any kind or cause by virtue of such photographs.
7.5 The Host undertakes to respect the ethical charter (available in the section “Ethical Charter“) of the Website.
In accordance with TOITCHEZMOI’s Ethical Charter, any ad containing a request or a proposal for sexual services in exchange for accommodation is automatically banned from the platform.
8. Obligations of the Solidarity Traveler
8.1 The Solidarity Traveller undertakes to use the Site and the Services in accordance with these terms and conditions, without infringing public order or the rights of third parties and, more generally, without violating the laws and regulations in force.
8.2 The Solidarity Traveller is solely responsible for the information he/she provides in his/her Profile.
He/she undertakes to provide in his/her Profile only honest, complete and true information that is not likely to mislead the public. He also undertakes to update his Profile if necessary.
8.3 The Solidarity Traveller undertakes to respect the ethical charter (which can be consulted in the “Ethical Charter” section) of the Website.
9. Deactivation or deletion of the account
9.1 The member can deactivate his ad at any time. He can reactivate it if he deems it necessary. ToitChezMoi does not guarantee that an ad that has been deactivated for a certain period of time will be kept.
Any ad without a PREMIUM subscription is naturally deactivated after 30 calendar days.
You can choose to deactivate your ad without deleting your account. Your data will be saved. You can reactivate your account at any time.
9.2 If you want to delete your account, here is the procedure to follow : Log in on Toitchezmoi.com
Go to ” My Profile ” then to ” My account “.
At the bottom of the page, on the left, click on the blue link ” Delete my account “.
Be careful ! By deleting your account on ToiChezMoi, all your past or future reservations will be deleted, as well as your ad if you have one, and your profile.
Please note that a deleted account cannot be reactivated and is permanently lost.
10. Exclusion of liability and warranty of TOITCHEZMOI
10.1 ToitChezMoi acts as a hosting service provider within the meaning of the law on confidence in the digital economy of June 21, 2004.
As a result, ToitChezMoi cannot be held responsible, in its capacity as a simple host, for content whose authors are third parties, and any possible claim must be directed first to the author of the content in question.
Any act committed on the Site that is prejudicial to a third party may however be the subject of a complaint to ToitChezMoi under the conditions defined in article 22, ToitChezMoi reserving the right to take the measures described in article 17.
10.2 ToitChezMoi shall not be liable for any dispute and/or controversy arising between Members.
10.3 ToitChezMoi undertakes to carry out regular checks to verify the operation and accessibility of the Site.
ToitChezMoi therefore reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, ToitChezMoi cannot be held responsible for temporary difficulties or impossibilities of access to the Site due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications network, as members are aware of the complexity of global networks and the influx of Internet users at certain times.
10.4 The Services are provided by ToitChezMoi as is and without warranty of any kind, express or implied. In particular, ToitChezMoi does not guarantee to Members (i) that the Services, which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or deficiencies, (ii) that the Services, being standard and in no way offered solely for the benefit of a given Member according to his or her own personal constraints, will specifically meet his or her needs and expectations,
10.5 In all cases, it is up to the Member to prove the fault of ToitChezMoi in order to invoke its liability, which shall be strictly limited to direct damages.
10.6 ToitChezMoi does its best to make its Service available 7 days a week and 24 hours a day. However, given the specificities of the Internet network, ToitChezMoi is only bound by an obligation of means in this respect and offers no guarantee of continuity of service.
ToitChezMoi cannot be held liable for any damage caused by the temporary impossibility of accessing any of the services offered by the Website.
10.7 ToitChezMoi reserves the right to modify or interrupt, at any time, temporarily or permanently, all or part of the Service without prior notice to Users and without the right to compensation.
10.8 Users are solely responsible for their use of the Website and the Service they access from the Website.
ToitChezMoi may not be held responsible in any case in the context of proceedings brought against the User who is guilty of non-compliant use of the Website and/or the Service it provides.
The User acknowledges and agrees in this regard that he/she will be personally responsible for any claim or proceeding brought against ToitChezMoi as a result of his/her non-compliant use of the Service and/or the Website.
10.9 The Website may contain hyperlinks to third-party websites, whether or not they are partners. In this respect, given the evanescent nature of the content that may be disseminated, ToitChezMoi cannot be held liable if the content of said third-party websites contravenes the legal or regulatory provisions in force.
10.10 ToitChezMoi cannot be held responsible if the execution of one of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of the French Courts, and in particular natural disasters, fires, malfunction or interruption of the telecommunications network or the electrical network.
11. Prohibited behaviors
11.1 It is strictly prohibited to use the Services for the following purposes:
Carrying out illegal activities or infringing the rights of third parties,
Undermining public order or violating the laws and regulations in force,
Assisting or encouraging, in any form or manner whatsoever, the performance of illegal activities, the violation of public order, the violation of laws and regulations in force or the violation of the rights of third parties,
Intrusion into the computer system of a third party,
The sending of unsolicited emails and/or commercial prospecting or solicitation,
Manipulations intended to improve the referencing of a third party site,
And more generally, any practice diverting the Services for purposes other than those for which they were designed.
11.2 The following are also strictly prohibited:
(I) any behavior that may interrupt, suspend, slow down or prevent the continuity of the Services,
(II) any intrusion or attempted intrusion into TOITCHEZMOI’s systems
(III) any detour of the Site’s system resources,
(IV) any action of such a nature as to impose a disproportionate burden on the infrastructures of the latter,
(V) any breach of security and authentication measures,
(VI) any act that may infringe upon the financial, commercial or moral rights and interests of TOITCHEZMOI or the Members of its Site, and more generally
(VII) any breach of these general conditions.
11.3 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Site, as well as to the information hosted and/or shared therein.
11.4 TOITCHEZMOI users, when using the Site, Application, Services and Collective Content, may not and agree not to:
- Use software, devices, scripts or other manual or automated means or processes to access, “pull down,” “browse” or “scan” any web page or other services, contained on the Site, Application, Services or Collective Content;
- Use our Site, Application, Services or Collective Content to distribute unsolicited email (“spam”) or advertisements unrelated to hosting in a private residence;
- Infringe upon the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity or contractual rights;
- Impair or damage our Site, Application or Services, including, without limitation, by using viruses, cancelbots, Trojan horses, malicious code, pinging attacks, denial of service attacks, IP address or packet spoofing, forged routing or email address information, or similar methods or technologies
- Use our Site, Application or Services to transmit, distribute, publish or submit any information about another person or entity, including without limitation, photographs of third parties without their consent, personal contact information or debit or credit card, calling card or account numbers
- “Stalk” or harass any other user of the Site, Application, Services or Collective Content, or collect or store any personal data belonging to another user for any purpose other than transactions as a TOITCHEZMOI Applicant or Host;
- Invite any Host or other Member to use third party services or websites that compete with TOITCHEZMOI’s without TOITCHEZMOI’s prior written consent;
- Impersonate any person or entity, falsify any document or make false statements about you or your affiliation with another person or entity;
- Use automated scripts to collect information about or otherwise interact with the Site, the Application, the Services or the Collective Content;
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral right or other intellectual property right, right of publicity or privacy of any third party; (ii) infringes or encourages any conduct that would violate any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false or misleading; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or abuse of any individual or group; (vi) is violent or threatening or promotes violence or threatening acts against any other person; or (vii) promotes illegal or dangerous activities or substances;
- Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in one or more downloads, a collection, compilation, database, directory or other similar aggregation, whether manually, by means of robots or otherwise;
- Use, display, copy or reproduce the Site, the Application, the Services or the Collective Content or any individual elements of the Site, the Application, the Services or the Collective Content, TOITCHEZMOI’s name, any trademark, logo or other proprietary information of TOITCHEZMOI, or the layout and design of any page or form contained on any page of the Site, the Application or the Services, without the express written consent of TOITCHEZMOI
Access, tamper with or use any non-public area of the Site, the Application or the Services, TOITCHEZMOI’s computer systems or the technical delivery systems of TOITCHEZMOI’s suppliers;
- Attempt to probe, scan or test the vulnerability of any TOITCHEZMOI system or network or to defeat any security or authentication measures;
- Avoid, hijack, remove, disable, damage, decrypt, or otherwise circumvent any technological measures put in place by TOITCHEZMOI or any of TOITCHEZMOI’s suppliers or any other third party (including any other user) to protect the Site, Services, Application or Collective Content;
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or use any of the foregoing for any purpose
It is strictly prohibited to engage in fraud or phishing and smishing and to send emails that may contain external links to fraudulent sites or false documents that may incorporate TOITCHEZMOI’s brand logos and color codes.
TOITCHEZMOI shall have the right to investigate and prosecute any violation of the above terms and conditions to the fullest extent permitted by law. TOITCHEZMOI may access, retain and disclose your information if it is legally required to do so or if it believes in good faith that it is reasonably necessary to do so:
- Respond to claims against TOITCHEZMOI or comply with any legal process (such as subpoenas or warrants);
- Fraud prevention, risk assessment, investigation, customer support, product development and error correction;
- Protecting the rights, property or safety of TOITCHEZMOI, its users or members of the public.
You acknowledge that TOITCHEZMOI has no obligation to monitor your access to or use of the Site, the Application, the Services or the Collective Content or to review or edit any Member Content, but that it has the right to do so in connection with the operation and improvement of the Site, the Application and the Services (including, without limitation, for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms, to comply with applicable law or the order of a court, government agency or authority, to respond to content that TOITCHEZMOI deems harmful or as described in these Terms. TOITCHEZMOI reserves the right, at any time and without notice, to remove any Collective Content or disable access to it if TOITCHEZMOI, in its sole discretion, deems such Content objectionable for any reason, contrary to these Terms, or detrimental to the Site, the Application or the Services.
11.5 Receiving a Solidarity Traveler in the context of accommodation in exchange for services means taking into account the human aspect.
Thus, the hosted person is a help brought to the Host. ToitChezMoi is committed to respecting human rights by defending modern slavery as defined in the law of August 5, 2013. In case of breach or reporting of any abuse, the owner of the ad will not only be sanctioned by the definitive removal of his ad from the TOITCHEZMOI platform, but will also be exposed to possible prosecution from the Traveler concerned.
12. Sanction of breaches, Member's guarantee
12.1 In the event of a breach of any of the provisions of these general terms and conditions or, more generally, a breach of laws and regulations by a Member, TOITCHEZMOI reserves the right to suspend or delete its Account, without prior notice and without any reimbursement of any sums paid by the Member if it has subscribed to a Registration.
Your listing, as well as your profile and account, may be deleted if we believe that it is a false profile and a false rental listing, or if the account does not comply with the site’s terms and conditions.
In the case of deletion, you will not be notified and : You will no longer be able to access your account on the TOITCHEZMOI website and you will no longer be able to see your Profile or your Ad.
You will no longer benefit from TOITCHEZMOI customer service (email and phone).
We will notify all TOITCHEZMOI members who have been in contact with you.
12.3 The Member undertakes to indemnify TOITCHEZMOI for any prejudice it may suffer as a result of the Member’s failure to comply with these General Terms and Conditions of Use and Sale as well as with the Ethics Charter, and guarantees TOITCHEZMOI against any complaints, claims and/or demands whatsoever on the part of a third party in this regard.
13. Intellectual Property
The systems, software, structures, infrastructures, databases and contents (texts, images, visuals, music, logos, trademarks, etc.) used by TOITCHEZMOI within the Site are protected by all intellectual property rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of TOITCHEZMOI, are strictly prohibited and may be subject to legal proceedings.
14. Data processing and freedom
14.1 In application of the law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the treatment of its order and the establishment of the invoices, in particular.
This data can be communicated to the possible partners of the Seller in charge of the execution, the treatment, the management and the payment of the orders.
The processing of information communicated through the TOITCHEZMOI website has been declared to the CNIL. The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.
This right may be exercised under the conditions and according to the methods defined on the TOITCHEZMOI website.
14.2 Description of the General Data Protection Regulation
This page provides general information on how to contact Toitchezmoi to exercise your rights under the GDPR.
If you need additional information please contact us at email@example.com.
Account deletion: how do I delete or erase my account?
To delete your account from your profile, please follow the steps detailed in the Frequently Asked Questions.
You can also delete your account or your ad after logging in, by clicking on “Unsubscribe” in the top left menu, or in the “Deactivate Ad” tab of the “My Account” section.
When clicking on “I deactivate my ad”, don’t forget to check the box “Delete my account completely” so that all your personal data will be deleted.
You can download your personal data from the main tab in “My account” in .CSV format and view them in a table.
You can exercise your right to have your personal data deleted by sending us an e-mail to firstname.lastname@example.org.
Please note that we may ask you to verify your identity before proceeding with your request.
TOITCHEZMOI reserves the right to insert on any page of the Site and to associate with any content posted thereon by a Member any advertising or promotional messages in a form and under conditions to be determined by TOITCHEZMOI. More generally, Members declare that they are informed that TOITCHEZMOI may broadcast any advertising and promotional content on the Site.
16. Links and third party sites
TOITCHEZMOI shall in no way be held responsible for the technical availability of websites operated by third parties to which Members may have access through the Site.
TOITCHEZMOI shall not be liable for any transactions between a Member and any advertiser, professional or merchant to whom the Member is directed through the Site and shall not be a party to any dispute with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations and any other obligations whatsoever to which such third parties are bound.
Any act committed on the Site that is prejudicial to a third party may be the subject of a complaint to TOITCHEZMOI.
This complaint must be sent to TOITCHEZMOI at the address mentioned in article 2.2
In accordance with article 6 I 5 of the law of 21 June 2004, the complaint must include
– the date of the notification,
– the identity of the complainant (in the case of a natural person: surname, first name, profession, domicile, nationality, date and place of birth; in the case of a legal entity: its form, name, registered office and the body that legally represents it)
– the name and address of the addressee (in the case of a legal person, its name and registered office)
– the description of the disputed facts and their precise location,
– the reasons for which the content must be withdrawn, including the mention of the legal provisions and the justifications of facts,
– a copy of the correspondence addressed to the author or publisher of the litigious information or activities requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.
TOITCHEZMOI shall be free to take all appropriate measures, in particular those referred to in Article 17, without any obligation on its part, and/or to transmit this complaint to the competent authorities.
18.1 TOITCHEZMOI reserves the right to modify these general terms and conditions at any time.
18.2 Members shall be informed by any useful means of the modification of these general terms and conditions and invited to accept the terms. Members who do not accept the modified general terms and conditions shall no longer use the Services, and TOITCHEZMOI reserves the right to suspend or delete their Account as well as any corresponding pages. Any use of the Site or the Services after the modification of the present terms and conditions shall be deemed to be acceptance without reservation of the modified terms and conditions.
19. Language, applicable law and jurisdiction
The present general conditions are governed by French law, the language of interpretation being the French language in case of contradiction or dispute on the meaning of one of their terms or provisions.
In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Strasbourg shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.
20. Pre-contractual information - Customer acceptance
- The essential characteristics of the Service, taking into account the communication medium used and the Service concerned;
- The price of the Services and related costs;
- In the absence of immediate execution of the contract, the date or the deadline by which the Vendor undertakes to provide the Service;
- Information regarding the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
- Information regarding the legal and contractual guarantees and their implementation modalities;
- The functionalities of the digital content and, if necessary, its interoperability;
- The possibility of resorting to conventional mediation in the event of a dispute;
- Information on the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the methods of cancellation and other important contractual conditions.
21. General terms and conditions of sale of the PREMIUM PASS
21.1 Functioning of the premium offers
When registering, users have the possibility to view ads and contact Premium profiles for free. Users must subscribe to a one-time or monthly membership in order to become a Premium member and be able to contact all ToitChezMoi users (Travellers and Guests).
To become a Premium member :
- 3 formulas for Solidarity Travellers with durations from 1 week to 3 months ;
- 1 package for Hosts with a duration of 3 months or a monthly subscription.
The purchase of these Premium packages is done on the ToitChezMoi website via our secure online payment partner Stripe or via your PayPal account. Once the Premium offer is over, the ad and the user’s profile are deactivated, unless expressly renewed.
For Hosts and Travellers, the PREMIUM package allows you to :
- Freely exchange your contact details with all members (such as email);
Improve the ranking of your ad in the search results.
- You can be contacted directly by all the members searching in your area whether they are offering or looking for accommodation (they will receive an email directly in their personal email box with your ad).
21.2 Renewal of the PREMIUM membership:
The PREMIUM package is not automatically renewed. If you wish to renew your PREMIUM package, you must go to the PREMIUM tab in your personal space. An alert will be sent to you if your plan has expired so that you can renew your PREMIUM plan.
The Premium subscription is automatically renewed every month, without any time commitment. The subscription can be cancelled at any time. In the event of termination, Premium privileges remain active until the end of the current month.
21.3 Additional paid services without right of withdrawal (not included in the package):
Favourite ads (7€/7d or 15€/21d): Raising of ads in searches.
21.4 Payment of the Premium package and additional services:
By credit card or via PayPal directly on your personal space in the Premium Package tab
Following your purchase, TOITCHEZMOI automatically issues you an invoice that you can print as you wish.
21.6 Withdrawal clause :
In accordance with Article L 221-18 of the French Consumer Code, the Member is informed that he/she has a period of fourteen days from the date of subscription to the Services to exercise his/her right of withdrawal, without penalty, without charge and without reason, by postal mail addressed to ARKAE 10 rue de Haguenau – 67000 STRASBOURG. This period only applies to formulas of more than one month.
If you wish to exercise this right of withdrawal:
You should exercise this right by sending a registered letter with acknowledgement of receipt by filling in the withdrawal form which can be downloaded here.
The cancellation of the package will then take effect upon receipt of the request to cancel the contract.
This right of withdrawal cannot be exercised if the user, Premium member, has used the TOITCHEZMOI service before the end of the withdrawal period. The TOITCHEZMOI user can then no longer exercise his right of withdrawal.
Only requests related to the exercise of the right of withdrawal shall be processed from this contact address. The withdrawal period shall expire seven days after the day on which the contract was concluded.
22. Verification by TOITCHEZMOI
Your profile is verified and validated by TOITCHEZMOI moderators.
- Here are the verifications available on TOITCHEZMOI:E-mail address: when you register on our site, you will receive an email on the address you have entered. Validate this address in order to receive all the TOITCHEZMOI rental emails thereafter.
- Telephone and mailing information: your contact information appears if you are a PREMIUM member. Otherwise, your ad is visible but your contact information is not displayed.
Social networks: you can log in with your Facebook profile.
To benefit from the Confidence Badge and reassure applicants interested in your ad, we invite you to upload a proof of address less than 3 months old.
You can hide the parts that do not directly concern your address and leave everything that concerns the company that issued the document legible.
The proof of address must include your first and last name:
- a recent electricity bill (less than 3 months old) in your name
- a recent gas bill (less than 3 months old) in your name
- a recent water bill (less than 3 months old) in your name
- a recent telephone bill (less than 3 months old) in your name
- a cell phone bill (less than 3 months old) in your name
- a tax notice or a certificate of non-taxation in your name
- a housing insurance certificate (fire, rental risks or civil liability) in your name
- a property deed or rent receipt in your name
If you are being hosted by a third party or by your parents, it is possible to draw up a certificate on honor co-signed by you and the tenant or owner of the accommodation concerned. You will also have to provide a proof of address on which the name of the host is mentioned.
Evaluations: after each rental for service, increase your level of trust by receiving and leaving evaluations on the Hosts and/or Applicants that you have met.
23. Housing for services: legal framework
The housing against services is an alternative type of rent which allows :
A landlord to put a room or a dwelling at the disposal of a third party free of charge in exchange for the performance of small services.
This formula tends to develop in large cities where the economic crisis and overpriced rents are combined.
Good to know: the services most frequently requested on Toichezmoi.com are: help with shopping, cleaning, gardening, baby-sitting, language courses or a caring presence for seniors.
The practice of housing against services can be very well supervised provided that you legally limit your relationship with your Applicant or your Host.
The owners who use the rental against services have the possibility to write a :
Au-pair contract if the value of the services rendered is equal to the amount of the rent (provided to members with a premium membership)
Furnished rental contract when the value of the services rendered is less than or equal to the amount of the rent that would be required in the case of a classic rental;
Employment contract if the value of the services rendered is higher than the amount of rent that would be required in the context of a classic rental.
Please note: in any case, and to avoid disputes, a written agreement is essential to clearly define the conditions of the rental against services. By becoming Premium, you benefit from a free au pair contract to secure your exchange.
Housing for services: content of the written agreement
In the context of a home exchange, it is recommended to establish in writing
- The beginning and the end of the exchange of services for housing;
- The nature of the services required by the owners;
- The schedule and the number of hours to be done by the tenant;
- The designation of the vacant room or studio made available to the tenant;
- The rules for sharing the common areas and the rules of life;
- The distribution of rental charges.
Please note: the tenant must take out a home insurance policy and the owner must provide the tenant with a certificate of accommodation against services issued by the CAF.
Conditions to be respected for a housing against services
Even if the tenant receives free accommodation in exchange for the performance of services, the owner has the obligation to rent :
- Decent housing, which respects the standards of decency as defined by the decree of January 30, 2002;
- A vacant room or studio of a minimum of 10 m²;
- A dwelling that offers a minimum of comfort (window, heating…).
Calculation of the amount of the services and the rent
The housing for services is characterized by a free rental of an accommodation.
Nevertheless, this free rent is compensated by the obligation for the tenant to perform services.
It is therefore necessary to evaluate the :
- Price of the rent which would have been required within the framework of a traditional hiring;
- Number of hours of work to which this price corresponds.
Note: In practice, the maximum working time is twelve hours (12h00) of services per week, eight hours (8h00) for a student.
To calculate the value of these hours of work, the current gross hourly minimum wage should be applied.
Warning: do not exceed the number of hours indicated in the contract. These extra hours worked would be considered as undeclared work.
Convinced? Come and rent or find a room against services for a short, medium or long period on TOITCHEZMOI.