These general terms of use (the “Terms”) govern access to and use of the Zavio service by any natural person registering with a view to entering into a seasonal employment contract.
The service is published by Erlaë L'hostis, entrepreneur individuel (EI), operating under the French micro-entreprise regime, reachable at hello@zavioseason.com.
Creating an account constitutes full and unreserved acceptance of these Terms. Zavio keeps a record of that acceptance, stating the date, the time and the version number of the Terms accepted.
Article 1
Definitions
1.1. “Platform” means the Zavio online service, accessible from zavioseason.com and its applications.
1.2. “User” or “you” means the adult natural person registered on the Platform with a view to entering into a seasonal employment contract.
1.3. “Establishment” means the employer registered on the Platform for the purpose of recruiting seasonal staff.
1.4. “Employment Contract” means the seasonal employment contract entered into directly between the Establishment and the User, to which Zavio is not a party.
Article 2
Conditions of access
2.1. Access to the Platform is reserved to persons aged 18 or over. No upper age limit applies.
2.2. The User must be a national of a European Union Member State, or lawfully resident there and hold a permit conferring the right to work in the country of destination.
2.3. Opening more than one account per person is prohibited.
Article 3
The service is free for the User
3.1. Use of the Platform is free for the User. No sum may be demanded from them by Zavio on any basis whatsoever, in particular by way of registration fees, commission, deposit or handling charges, nor may any deduction be made from their salary.
3.2. The service is paid for by the Establishment, which is prohibited from passing that cost on to the User, whether directly or indirectly.
3.3. These provisions arise from article L5321-3 of the French Labour Code, which prohibits any remuneration being demanded from a person seeking employment and breach of which is a criminal offence.
3.4. Any demand for payment made in Zavio's name is fraudulent and must be reported without delay to hello@zavioseason.com.
Article 4
Nature of the service and absence of employer status
4.1. Zavio introduces the User to Establishments, enables the Establishment to upload its own Employment Contract, provides an electronic signature process, and arranges the travel.
4.2. Zavio is not the User's employer. The Employment Contract is entered into between the Establishment and the User, and Zavio is not a party to it.
4.3. No relationship of subordination exists between Zavio and the User. Zavio issues no instruction as to the work, determines neither the hours nor the duties, and holds no disciplinary power. The Establishment alone employs, declares and pays the User.
4.4. Zavio is bound by an obligation of means and does not guarantee that a season will be obtained.
Article 5
Profile and accuracy of information
5.1. The User undertakes to provide accurate, complete and up-to-date information, and in particular their date of birth, which is reproduced in the Employment Contract and for which they answer.
5.2. Before hiring, the Establishment verifies the User's identity document and their right to work, in accordance with the obligations that the law of its country places on the employer.
5.3. Submitting an application entails disclosure of the User's profile to the Establishment concerned, to the exclusion of any other recipient.
Article 6
The User is free until signature
6.1. The User may submit as many applications as they wish, exchange messages with as many Establishments as they wish, and withdraw at any time, with no financial consequence and no consequence of any other kind.
6.2. Signature of the Employment Contract by both parties is the point of commitment. From that signature, the travel is booked and the Establishment ceases all other searches.
6.3. It is for the User to satisfy themselves as to their commitment before signing.
Article 7
Consequences of withdrawal after signature
7.1. The User bears no financial charge, in any circumstances.
7.2. Withdrawal by the User after signature of the Employment Contract by both parties entails the following consequences:
a first withdrawal gives rise to a warning;
a second withdrawal entails suspension of the account until the end of the current season.
7.3. No sanction is imposed where the withdrawal arises from a serious impediment, such as illness, an accident or a bereavement. The User informs Zavio and provides such supporting evidence as they have, which is assessed proportionately to the situation relied on.
Article 8
The Establishment's undertakings towards the User
8.1. Every Establishment present on the Platform has undertaken to provide the User it recruits with:
accommodation for the entire duration of the Employment Contract;
meals on working days;
the salary advertised, paid directly and on time, which may not be lower than the statutory or collectively agreed minimum applicable at the place of work;
at least two days off per week.
8.2. Failure to honour any of those undertakings may be reported to Zavio at any time, as well as at the time of the review provided for in Article 11. An Establishment in default is liable to be suspended or removed from the Platform.
8.3. In all matters relating to the performance of the work, to pay and to employee rights, the User's contact is their employer, and the applicable law is that of the country where the work is performed.
Article 9
Travel
9.1. Zavio books the User's travel, funded exclusively by the Establishment. The User pays no sum in that respect and no deduction may be made from their salary.
9.2. The travel comprises a return journey between the country of departure and the place of work, in economy class, by air, rail or road, or by a combination of those modes, one item of hold luggage, and the transfer between the point of arrival and the place of work.
9.3. The User undertakes to hold valid travel documents and to present themselves at the times provided. Where a journey is missed for a cause attributable to the User, Zavio assists them in arranging alternative travel, without any guarantee that the additional cost can be borne.
Article 10
Employment Contract and electronic signature
10.1. The Employment Contract is drawn up and signed by the Establishment, which uploads it to the Platform. The User reads it, alongside the terms of the published listing, and signs it within seventy-two hours of its upload.
10.2. The User's signature records the name typed, the date and time, their IP address and a cryptographic fingerprint of the uploaded document. A page setting out these details is attached to the copy delivered to each party; the uploaded document itself is not altered.
10.3. The parties agree that these elements constitute an agreement as to evidence and are conclusive as to the identity of the signatory and the content signed.
10.4. Any question relating to the Employment Contract must be raised before it is signed.
Article 11
Reviews
11.1. At the end of the season, the User and the Establishment review each other by means of a rating from 1 to 5.
11.2. Both reviews are published simultaneously, and in no event before both have been submitted or the applicable period has expired.
11.3. A review must be honest, personal and based on an experience actually lived.
Article 12
Automated assistance
12.1. Zav is an automated system based on artificial intelligence. The User is not exchanging messages with a natural person.
12.2. Zav answers questions, searches listings, prepares documents and reports developments. It takes no decision, establishes no ranking of Users, and no decision producing effects in their regard is taken by automated means.
12.3. Use of Zav is not a condition of access to the service.
Article 13
Rules of conduct and reporting
13.1. The User undertakes to be truthful in their profile and in their exchanges, and to treat Establishments and other users with respect.
13.2. The following are prohibited in particular: providing false information, impersonation, hateful, discriminatory or harassing statements, the distribution of unlawful content, and any use of the Platform unrelated to seeking or offering seasonal employment.
13.3. Any content or conduct that appears unlawful or dangerous may be reported to hello@zavioseason.com. Zavio examines every report and informs its author of the action taken.
Article 14
Suspension, termination and deletion of the account
14.1. Zavio may suspend or close the User's account in the event of breach of these Terms. The measure is reasoned and, save in the event of a serious breach, the User is given the opportunity to make representations beforehand. Any measure may be contested with Zavio.
14.2. The User may delete their account at any time from their settings, as long as no Placement concerning them has been paid for.
14.3. Where an Employment Contract has been signed and paid for, deletion of the account is refused, that contract having to be retained both by the employer and by Zavio. The User's rights over their data remain unaffected, under the conditions set out in the privacy policy.
Article 15
Liability
15.1. Zavio is bound to deploy the means necessary to provide the service.
15.2. Zavio incurs no liability in respect of the performance of the Employment Contract, which is a matter for the employer, in particular as regards pay, hours, working conditions, accommodation and meals. The law of the country where the work is performed applies to those obligations.
15.3. Where an Establishment fails to honour its undertakings, Zavio takes the measures provided for in Article 8.2 and assists the User.
Article 16
Personal data
The processing carried out by Zavio, its purposes, its recipients and its retention periods are described in the privacy policy.
Article 17
Amendment of these Terms
Zavio may amend these Terms. Any substantial amendment is brought to the User's attention before it takes effect. A season already entered into remains governed by the version accepted by the User.
Article 18
Governing law and jurisdiction
18.1. These Terms are governed by French law.
18.2. That designation does not deprive a User resident in another European Union Member State of the protection afforded to them by the mandatory provisions of the law of their country of residence.
18.3. The User retains the right to bring proceedings before the courts of their country of residence.
18.4. The Employment Contract, for its part, is governed by the law of the country where the work is performed.
Article 19
Language
These Terms are drafted in French and translated into English. In the event of any discrepancy between the two versions, the French version prevails.
This is a translation. The French version is the binding one, and is available on request at hello@zavioseason.com.