TERMS OF SERVICE
These general sales conditions (hereinafter the "General Conditions") apply to the services offered by EQUIMOV.
By using our website (or mobile application) you accept to comply and be bound by these stipulations, whether you use the services or not.
If you accept these General Conditions on behalf of a company, you declare and garantie that you are authorized to represent the company in the terms set out by the General Conditions, in this case "you" and "your" shall refer to the company.
By using our website (or mobile application) you accept to comply and be bound by these stipulations, whether you use the services or not.
If you do not accept these General Conditions, you are not authorized to obtain information or use our site.
Use of our Website in violation of these General Conditions may lead to civil and criminal prosecution.
Service on our site is made available by EQUIMOV, joint stock company, with a share capital of 25 320 euros, registered office at 20, route de Randan, 03800 BIOZAT, registered with the Cusset commercial registry under number 821 892 221.
- "EQUIMOV" is the company editing the services available on www.equimov.fr.
- "Website" means the website www.equimov.fr or any mobile application edited by EQUIMOV and offering similar services.
- "Accommodation" means any person or corporation, whether acting as a professional or note on the Website and offering accommodation for horses and additional services.
- "Rider" means the person who accepted the Accommodation for its horses.
- "Horse" means any equine animal for which the Rider is looking for Accommodation.
- "User Account": account created by a Rider Member of Stables on www.equimov.fr.
- "Sanitary File" means the Horse's health booklet.
- "Accommodation" means any place able to receive Horses (stables, fields) or the Rider.
- "Additional Services" means the additional services offered by the Stables as well as those offered in the Ad including access to structures (manege, outdoor school) and, the Rider's accommodation.
- "Ad" means the ad for the Accommodation available for reservation and published by the Stables on the Website.
- "Member" designation any Rider or Stables who has accepted the General Conditions of Sale by using the Website as a Rider or a Stables. The Members are the only decision makers.
- "Tax" or "Taxes" means any the taxes on sales, value added tax (VAT), taxes on products and services, tourist tax, accommodation tax, (as well as fees related to conventionals centres) that the accommodation providers have to collect and remit to the administrative authorities, any indirect municipality, state, federation or national and income tax or taxes on benefits.
- "Transaction Amount" means the price of Accommodation and Additional Services offered by the Stables and reserved by the Rider via the Website.
2. Amendements to General Conditions
EQUIMOV reserves the right to amend the General Conditions as well as the fonctions and operating rules available on the Site (or mobile application).
The amendments shall enter into effect as soon as the General Conditions are uploaded that all users recognize having previously consulted.
EQUIMOV reserves the right of offer new services, free or payable, on the Site.
3. Conditions of use of the service
3.1 Service offered by EQUIMOV
EQUIMOV provides an online portal through which the Equestrian Structures can offer Accommodation and Additional Services for reservation and by which Riders can make a reservation.
Every Equestrian Structure authorizes EQUIMOV to collect payment with the pre-sale process, with sole purpose to deduct the service charges which apply to the hosting structures. Every member agrees that payments done by a rider through EQUIMOV are considered as direct payments to the hosting structure and commit themselves to make available the accommodation as agreed upon.
By reserving through our website, you engage yourself in a direct contractual relationship with the hosting structure of which you made a reservation or bought a service from (if applicable). EQUIMOV only intervenes as an intermediary, disclosing the details of the reservation to the concerned hosting structure, collecting the amount of the transaction and sending the rider a confirmation email for and on behalf of the hosting structure.
Although we do our very best to provide a high-quality service, we cannot check or guarantee the accuracy or comprehensiveness of the information disclosed, and cannot be hold responsible for any mistake (manifest error or typographic mistake), service interruption (due to technical difficulties, may it be temporary and/or partial, breakdown, repairs, updates, improvement or maintenance of our platform), any unclear information, misleading or false, or any lack of information.
Every hosting structure remains reliable at any time of the precise nature, complete and accurate of the information (descriptive) that concern it and are published on the website, including prices and availabilities. The website isn't and cannot be considered as some form of recommendation or approval of the quality, level of service or ranking of the hosting structure.
Our service is only available for members for private and non-commercial use. You cannot sell off, use, copy, spy (for instance using a web crawler or screenshots of personal data), display, download, replicate or establish profound links towards all data or information, reservation, any software or any product available on our website for any commercial goal or competitive aim.
If you use our website, you understand and accept that your relationship with EQUIMOV is limited to being a member and are not considered as an agent, employee, co-entrepreneur, or partner of EQUIMOV.
You act on your behalf and your own benefit.
As a member, you are obligated to not give the impression that you have a partnership or act on the behalf of EQUIMOV.
3.2 Rider user account / hosting structure
In order to be able to use EQUIMOV's services, every member has to create a user account and provide personal data, essential to the good functioning of the matchmaking service (in particular the name, surname, age, gender, valid phone number and email address).
Members confirm they are 18 or older when signing in.
EQUIMOV will not be hold responsible for the information displayed by members that could be incorrect or fraudulent.
The member commits himself not to create any additional account on top of the one originally created, except if an explicit request has been made by the same member and the request explicitely accepted by EQUIMOV.
Failure to fulfill the prior notice obligation could result in immediate suspension of the member's accounts.
If applicable, the rider might be asked to provide the horse's medical form. This document can be uploaded on the rider's account. The rider then decides if he wants to make it downloadable or not.
We draw your attention to the fact that some hosting structures can ask for the horse's medical form prior to your arrival. In case the medical form hasn't been given before the estimated time of arrival, the reservation can be cancelled. Cancelation will then be attributed to the rider.
Stables can create and publish ads.
When creating the Ad, Stables must provide different information on the Accommodation up for reservation (locAtion, characteristics, attached services, availability as well as prices and financial conditions).
You understand and agree that the order or ranking of Ads in the search results may depend on many factors including, but not limited to, the rider's preferences.
The Cavaliers can book the Accommodation according to the requirements imposed by the Hospitality Structure (Health Card ...).
Once the reservation request has been made by the Rider, the Host Organization will refrain from asking the Rider for a higher price than the one indicated in the ad.
The Stables recognises that it is solely in charge of its Ad and its content. It it up to them to make sure that the Ad is correct and that it is correctly representative. It is also responsable for all images of the Accommodation and is in charge of amending the images if they do not comply with the reality of the Accommodation. It also declares that it has the right to use the images preventing EQUIMOV from being troubled. You agree that EQUIMOV is authorised to use the images definitively (even when the Ad is deleted) for publicity, commercialisation on the platform and in any other media, whether this concerns your Ad or not, without further authorization or indemnification.
The Stables represents that any Ad published and/or any reservation does not contravene any agreement that it may have entered into with a third party and are compliant with applicable law, tax regulations and any other regulation which may affect the Accommodation object of the published Ad (including the obtaining of any permits, licences, registrations) and that the Ad does not contravene or shall not contravene any third party's rights.
The Stables accepts that EQUIMOV may at any time and without notice withdraw or deactivate any ad for any reason, and in its sole discretion.
Stables declare and accept that any agreement entered into with the Rider is only binding between the Stables and the Rider, EQUIMOV is not part of the agreement. Stables remain liable for all acts and omissions as well as those committed by any person riding in the Accommodation. This is why EQUIMOV advises Riders and Stables to subscribe adapted insurance policies for the accommodation offered for reservation.
5. Prices for accommodation and related services
The price of Accommodation and Additional Services are indicated tax included by the Stables. It is up to the Stables to take fees and charges into account inherent to providing the services via the Website and namely "Service Fees".
EQUIMOV intervenes only when collecting funds. This collect takes place on date of confirmation of the reservation and the simultaneous payment by the Rider and by the Stables.
In order to reduce risks of cancellation or the non payment of Accommodation, EQUIMOV offers its Members an online reservation service.
The Stables offers on the Website its Accommodation upon booking via it Ad.
The Rider reserves the Accommodation by specifying the amount of equine animals concerned by the Accommodation (maximum of 10) and eventually the amount of Riders to be received.
This reservation should take place via the Website through an online payment by using one of the available payment methods. Receipt of payment is confirmation of reservation (hereinafter "Reservation")
From date of Reservation, the Equestrian Facility and the Rider irrevocably enter into contract. An email of confirmation as well as a text message are sent to the Equestrian Facility and the Rider in order to confirm the Reservation
This Reservation is nominative and personal. Information (identity, health related information...) provided by the Members must correspond to the information provided upon registration and reservation. In the alternative, cancellation of the reservation shall be attributable to the Member having provided erroneous information.
Any cancellation post reservation is subject to "Cancellations".
7. Fees and payment
7.1 Payment of the reservation
If uncontested by the Rider within 24 hours of its arrival, the Transaction Amount less the Services fees shall be paid to the Stables.
EQUIMOV shall always pay the funds due by bank transfer. No payment shall be made by cash or check.
As a result, the Stables undertakes to provide EQUIMOV with information enabling the receipt of money by bank transfer:
- Either the email address of a Paypal account;
And / or
- The information on his postal identity statement or his bank account.
This payment will be followed by the sending of a confirmation email accompanied by an invoice for the Service Fee invoiced by EQUIMOV to the Host.
In no event is EQUIMOV responsable or garant towards the Accommodation for payment incidents, if for any reason, the funds paid by the Rider were to be reversed, namely in event of opposition to payment method or fraudulent use. The Accommodation undertakes to refund, upon first request, any contested payment.
The Rider and the Stables agree that the funds received by EQUIMOV shall not generate interest.
EQUIMOV charges a management fee and a commission on the Transaction Amount (hereinafter the "Service Fee").
Services fees are drawn from the Transaction Amount but are paid by the Stables. It is up to the Stables offering the Accommodation for reservation to take this into account when determining the price of the Accommodation and Additional Services.
The Service Fees are calculated according to the amount of the Transaction:
- Management fees :
- For reservations less than or equal to € 35, the management fees collected by EQUIMOV will amount to 12% excluding the Transaction Amount.
- For reservations over € 35, the management fees charged by EQUIMOV will amount to 8% excluding the Transaction Amount.
"Management fees" below.
- In addition to the management fees, the commission charged by EQUIMOV, this commission is equal to 5% of the Transaction Amount excluding taxes.
Hereinafter the "Commission"
By using the Site, the Stables expressly authorizes EQUIMOV to draw Services Fees on on the Transaction Amount.
Cancellation by the Stables or the Rider after the Reservation is subject to the following dispositions.
In the event of a cancellation of Reservation by the Stables, the Rider is refunded the Transaction Amount.
In case of cancellation of the Reservation by the Rider
If the Reservation is cancelled 48 jours before the expected time of arrive in the Stables or less than 45 minutes after the Reservation, cancellation fees equal to the Management fees shall be paid to EQUIMOV. Consequently, the Rider shall be refunded the Transaction Amount less the cancellation fees.
8.1 Strict cancellation policy
If the Stables choose to apply the strict cancellation policy:
- In the event of cancellation before time of arrival in the Stables by the Rider of if the Rider does not arrive at the Stables in the two hours following the expected time of arrival, unless the Rider presents a vet certificate, EQUIMOV shall pay the Transaction Amount less the Service fees to the Stables
Consequently, the Rider shall not receive any refund.
8.2 Flexible cancellation policy
In the event of cancellation of Reservation by the Rider:
- If the Reservation is cancelled 48 jours before the expected time of arrive in the Stables or less than 45 minutes after the Reservation, cancellation fees equal to the Management fees shall be paid to EQUIMOV. Consequently, the Rider shall be refunded the Transaction Amount less the cancellation fees.
- If the Reservation is cancelled less than 48 hours before the expected time of arrival and if the cancellation is registered more than 45 minutes after the Reservation: cancellation fees equal to the Management fees shall be paid to EQUIMOV and the Stables shall receive 50% of the Transaction Amount.
Consequently, the Rider shall be refunded the Transaction Amount less the Management fees and the Transaction Amount paid to the Stables.
9. Taxes and tax obligations
In accordance with article 242 bis du Code général des impôts et L.114-19-1 du Code de la sécurité sociale EQUIMOV shall disclose to Equestrian Structures receiving funds from transactions information concerning (i) tax regimes and applicable social regulations, (ii) applicable declaratory and payment obligations imposed by the tax administration and social cotisation recovery organisations (iii) and the applicable penalities which apply when failing to respect these obligations.
This information is disclosed via the following website and hypertext links:
- fr: Sur www.impots.gouv.fr concernant les obligations fiscales : https://www.impots.gouv.fr/portail/node/10841
- fr: Sur www.securite.sociale.fr concernant les obligations fiscales : http://www.securite-sociale.fr/Vos-droits-et-demarches-dans-le-cadre-des-activites-economiques-entre-particuliers-Article-87
Even though EQUIMOV is not a party to the accommodation agreement between the Rider and the Stables, EQUIMOV shall provide an amicable dispute settlement service related to the management of Reservations (for instance non compliant accommodation).
The settlement service is not subject to any performance obligation when settling disputes between Members.
If no settlement is found between the Rider and the Accommodation, EQUIMOV reserves the right to retain the funds paid by the Rider until an amicable solution is found between the Parties or a court decision.
The service offered by EQUIMOV is an intermediation service.
Members act at their own initiative and under its sole responsability.
Accommodation shall not entail any consequence, on any grounds, on EQUIMOV .
EQUIMOV cannot be liable for any damage which may have incurred during the Accommodation.
EQUIMOV disclaims any liability related to the respect by the Members of any agreements or obligations entered into with third parties, as well as applicables law and regulations.
As EQUIMOV is neither owner or legal guardian of the Horse for which the Accommodation has been reserved, it cannot be considered liable for the damage caused to the Horse, including any sanitary problem.
Members recognize that, as EQUIMOV is neither owner or legal guardian of the Horse for which the Accommodation has been reserved, it cannot be considered liable for the damage caused to the Horse, including any sanitary problem.
In addition, EQUIMOV shall not be liable for any fraudulent use of payment instruments by the Rider. EQUIMOV is not liable for any payment to the Equestrian Structure.
Access to Website or to services may be interrupted for maintenance operations, material or software updates, emergency website intervention or reasons outside EQUIMOV's control (for example, telecommunications equipment failures). EQUIMOV undertakes to take all reasonable measures to limit disturbances, whenever they are attributable to it.
The Members recognise and accept that EQUIMOV is not liable for any unavailibility, suspension or interruption of Website or service and cannot be held liability for any direct and indirect injury which may result from this.
In any event, and without prejudice to what has been previously exposed and other liability clauses, any liability which may be held against EQUIMOV shall be limited to the amount of Service Fees or cancellation fees paid to EQUIMOV.
12. Interruption and suspension of access to services and/or website.
In the event of non-respect of any of the General Sales Conditions, you recognise and accept that EQUIMOV may, without any prior notice, interrupt or suspend, temporarily or definitively, all or part of the Service or your access to the Website (including your User Account)
13. Personal data and website content
13.1 Personal data
When using the Platform, EQUIMOV may collect and process the personal date. By using the Site and registering as a Member, you agree and accept that your personal data may be processed by EQUIMOV in compliancy with the confidentiality policy.
13.2 Intellectual property
The www.equimov.fr website is the property of EQUIMOV.
Any reproduction, including the General Conditions, totality or partially, is subject to EQUIMOV's prior and express authorization.
Any hypertext link directing towards to any other page than the home page is subject to EQUIMOV's prior and written authorisation.
13.3 Content of the site entered by Members
EQUIMOV is not liable for the content of the Website entered by the Members.
EQUIMOV shall do it best to delete, as soon as possible from the Website, the content notified to it, via a specific form available on the Website.
14. Statute of limitations
Any claim towards the Company in relation to these General conditions is time-barred after one year. Members waive payments which have not been claimed within one (1) year. Non-claimed funds are presumed to belong to EQUIMOV.
This article does not apply to the Members acting as consumers as defined by the preliminary article of the French consumer Code.
15. Applicable law and jurisdiction
EQUIMOV and the Members expressly agree that French law shall apply to these stipulations.
Competent courts in event of a dispute shall be the competent court of EQUIMOV's registered office.