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Rights and obligations
1. Quality of advertisers
Vendors whose Advertisements are listed on the platform may be professional Vendors or non-professional Vendors (including non-professional lessors of furnished accommodation). Non-professional Vendors are identified as “private” in Advertisements.
The status of non-professional furnished lessor is recognised when at least one of the following two conditions are met:
· the annual income derived from this activity by all members of the tax household amounts to less than €23,000;
· this income amounts to less than the income of the tax household subject to income tax in the categories of salaries, wages, pensions and annuities (as set out in Article 79 of the General Tax Code), industrial and commercial profits other than those derived from the furnished rental activity, agricultural profits, non-commercial profits and the income of the managers and partners mentioned in Article 62 of the General Tax Code. Conversely, a lessor becomes a professional if these two conditions are not cumulatively met.
If a Professional Advertiser makes allegations or gives information or presentations that are false or likely to mislead as to its identity, quality or abilities, it constitutes a misleading commercial practice within the meaning of article L.121-2 of the French Consumer Code, punishable by two years' imprisonment and a fine of 300,000 euros.
2. The rights and obligations of Vendors
Users of the Explore Grand Est Platform are subject to a number of obligations and/or benefit from rights.
2.1 Professional Vendors
Professional Vendors are required to register and select a tax regime with the tax office. In accordance with Article 87 of the 2016 Finance Act, we remind you that, as Professional Vendors, you may be liable to income tax for your activity carried out through the Platform. You are therefore required to declare the income from this activity to the tax authorities.
As a professional you must register:
· on the French Business Directory to obtain your Siret number and the APE code of your activity;
· on the professional register that corresponds to your activity (Registre du Commerce et des sociétés, Registre des Métiers, for example).
For your information, we remind you that tax evasion exposes you to:
- a tax adjustment resulting in the settlement of the amounts due (with payment of late penalties),
- lump sum fines ranging from 1.5% to 5% on undeclared sums,
- criminal penalties.
For more information, you can consult the website of the Direction Générale des Finances Publiques.
If you are self-employed or an employer and you carry out your activity, fully or partly, through the Platform, you are liable to pay social security fees and contributions to Urssaf. You can consult the terms of declaration and payment of your contributions on the Social Security Public Service Portal.
2.2 Private Vendors (including non-professional lessors of furnished accommodation)
Private Vendors may be liable for income tax for their activity carried out through the Platform. You are therefore required to declare this income to the tax authorities.
For more information, you can consult the website of the Direction Générale des Finances Publiques.
In the case of short-term rentals, you must not rent your main residence for more than 120 days per year. With regard to your secondary residence, it is your responsibility to contact the town hall of the municipality where your accommodation is located in order to take note of any prior and necessary steps required for its rental.
As such, Explore Grand Est invites non-professional lessors of furnished accommodation to find out more about their rights and obligations in this Practical guide.
3. Consumer rights
Explore Grand Est aims to support the marketing of tourist and cultural services by service providers in the Grand Est region.
Explore Grand Est does not intervene in the sale between Vendors and consumers.
The price is freely set by each Vendor and ART Grand Est does not charge any commission.
Consumers have no legal guarantee of conformity.
3.1 Absence of right of withdrawal
Article L. 221-28 of the Consumer Code provides that the right of withdrawal may not be exercised, inter alia, for contracts for the provision of accommodation services, other than residential accommodation, the transport of goods, car rentals, catering or leisure activities that must be provided on a specified date or period. Article L. 221-2 of the Consumer Code also excludes this option for passenger transport and tourist packages.
In the event of the purchase of a service from a professional vendor not falling within the scope of Article L.221-28 of the Consumer Code, all consumers do however have a right of withdrawal allowing them to renege on their purchase, within fourteen clear days, from the receipt of the good for the sale of goods and from the date of signing of the contract in the case of services.
3.2 Contractual civil liability
For more information, you can consult the provisions of the Civil Code relating to the law of obligations and civil liability applicable throughout the contractual relationship:
3.3 Mediation
If you have a dispute with a Professional Vendor from whom you have purchased a product or service through Explore Grand Est, you have the option of using consumer mediation.
For this, it is imperative to have contacted the Professional Vendor beforehand to try to resolve the dispute amicably. If this approach is not successful, you can then refer the matter to a consumer mediator.
You can find the contact details of the competent mediator(s) responsible for the professional with whom you have a dispute on their commercial documents (quotes, invoices, general conditions of sale, etc.) or on their website.
For additional information please consult the website https://www.economie.gouv.fr/mediation-conso.
