Effective as of 09/20/2022

ARTICLE 1 – Preliminary Title

1.1. The General Terms and Conditions of Sale and Use form a legally binding contract between HÔTES and the Traveler.

The company HÔTES SASU, located at 60 Rue François 1er, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 912341021, manages the activities of HÔTES.

The website host is Seventy Studio, located at 66 Avenue des Champs-Elysées, 75008 Paris, France.

1.2. HÔTES provides an online platform and service that allows individuals and entities ("Hosts") to list real estate properties they own or manage, and individuals or entities ("Travelers") to access these listings and interact with Hosts.

1.3. This Site acts solely as an intermediary connecting Hosts and Travelers. Contracts concluded between the Host and the Traveler do not bind HÔTES, which remains a third party to the relationship created.

1.4. The Traveler and the Host are responsible for fulfilling obligations created by any contract between them. HÔTES is not responsible for fulfilling these obligations and is not a party to the contracts concluded between the Traveler and the Host. It is also not an organizer or retailer of package travel nor a merchant acting for the purpose of providing travel services.

1.5. Some sections of the Site may only be accessible to Travelers and Hosts who have an HÔTES account and are logged in. Travelers and Hosts are solely responsible for activities occurring on their accounts.

ARTICLE 2 – Scope

2.1. These General Terms and Conditions of Sale and Use apply without restriction or reservation to the services offered by HÔTES, namely providing a platform to list real estate properties for rental purposes and enabling interaction between Hosts and Travelers. These General Terms and Conditions of Sale and Use outline the rights and obligations of HÔTES, Travelers, and Hosts in the context of the services provided by HÔTES.

2.2. The main features of the services are presented on the website www.hote-s.com.

2.3. Interacting with a Host and entering into a contract with them is solely the responsibility of the Traveler. Listing an Accommodation on the Site and entering into a contract with a Traveler is solely the responsibility of the Host.

2.4. These General Terms and Conditions of Sale and Use are accessible at any time on the website www.hote-s.com and take precedence over any other document.

2.5. Travelers and Hosts declare that they have read and accepted these General Terms and Conditions of Sale and Use by checking the box provided for this purpose before proceeding with booking or listing an Accommodation on the website www.hote-s.com.

2.6. Unless proven otherwise, the data recorded in the IT system of HÔTES constitutes proof of all transactions concluded with the Traveler and the Host.

2.7. The contact details of HÔTES are as follows:

HÔTES, SASU
Share capital of €1,000
Registered with the Paris Trade and Companies Register under number 912 341 021
60 Rue François 1er, 75008 Paris, France
Email: contact@hote-s.com

ARTICLE 3 – Definitions

The following terms are defined as follows:

"Site": The website www.hote-s.com and all its pages.

"HÔTES": The Hosting platform.

"Accommodation": The location where Travelers stay.

"Host": An individual or entity listing an Accommodation on the Site.

"Traveler": An individual or entity subscribing to a rental from a Host.

"Service": All services included in a booking made on the Site.

ARTICLE 4 – Booking

4.1. Travelers must select the services they wish to book on the website www.hote-s.com as follows:

• The Traveler selects the desired stay and proceeds to payment.
• A confirmation is sent to the Host, who must validate the order within 24 hours.
• If the Host cannot accept the order due to availability, the Traveler will be fully refunded (excluding bank fees).
• If the Host fails to confirm reservations more than twice, HÔTES may charge them for the payment fees incurred by the Site.

4.2. Any order placed on the website www.hote-s.com constitutes a remote service contract between the Traveler and HÔTES, providing access to a technical tool for vacation accommodation search. Any contract entered into between the Traveler and the Host binds only them, with HÔTES remaining a third party to the relationship.

• The booking on the site does not constitute a rental agreement between a Traveler and a Host to which HÔTES would be a party.
• The booking will only be considered valid after full payment. The Traveler is responsible for verifying the accuracy of the order and immediately reporting any errors.
• HÔTES reserves the right to cancel or refuse any order from a Traveler with whom there is a dispute related to the payment of a booking.

ARTICLE 5 – Payment and Billing

Rental Amounts

5.1.1. The Site is not responsible for the pricing of Accommodations. Hosts set their prices freely.

5.1.2. All prices are expressed in Euros, inclusive of all taxes (TTC).

5.1.3. Prices may include discounts offered by the Host on the site www.hote-s.com. HÔTES does not intervene in these discounts, which are freely determined by the Host.

Service Fees and Taxes

5.2.1. Service fees are charged by HÔTES to the Traveler when booking an Accommodation. These service fees amount to 5% excluding VAT of the rental price. Service fees will be displayed to the Traveler before payment and are included in the total amount paid. HÔTES reserves the right to modify its rates at any time. However, HÔTES guarantees that Services will be billed at the price indicated at the time the order is recorded.

5.2.2. Service fees and taxes (VAT, tourist taxes, and additional charges) are included in the total amount paid by the Traveler. All amounts are expressed as inclusive of all taxes (TTC).

5.2.3. Depending on the applicable law, VAT, tourist taxes, departmental taxes, or any equivalent taxes may be added to the service fees.

5.2.4. As an intermediary, HÔTES can only provide its Travelers with an invoice reflecting the commission applied and the tourist taxes in certain cases.

5.2.5. Travelers requesting a detailed invoice for their stay must contact their Host through the site's messaging system.

5.2.6. HÔTES is obligated to collect tourist taxes and additional departmental taxes and remit them to local authorities for non-professional Hosts in France.

5.2.7. HÔTES does not collect tourist taxes and additional departmental taxes for professional Hosts.

5.2.8. HÔTES is obligated to provide competent authorities with all data related to bookings made on its site.

ARTICLE 6 – Payment Conditions

6.1. The price must be paid in full by the Traveler at the time of booking.

6.2. Payment data is securely exchanged using the payment protocol established by HÔTES, with Stripe handling the banking transactions carried out on the site www.hote-s.com.

6.3. Payments made by the Traveler will only be considered final after HÔTES has effectively received the amounts due.

6.4. HÔTES will not be required to provide the Services ordered by the Traveler if the Traveler fails to pay the full price under the conditions specified above.

6.5. Funds will be transferred to the Host within two days after the Traveler’s arrival.

6.6. Once payment is validated through the payment intermediary (Stripe), it will process the transfer of funds to the Host 48 hours after the Traveler's arrival.

6.7. Any transaction made outside the site and its payment intermediary will not be enforceable against HÔTES.

ARTICLE 7 – Provision of Services

The Services ordered by the Traveler will be provided as follows:

• These Services will be provided from the date agreed between the Traveler and the Host for the duration they have scheduled.
• The Host has 24 hours to accept or reject the booking from the time of the Traveler’s final order validation, under the conditions provided in these General Terms and Conditions of Sale and Use. If this period is exceeded, the booking will be canceled.

ARTICLE 8 – Non-Acceptance of a Booking, Cancellation, and No-Show

8.1. If a Host does not accept a booking, the amounts deducted will be fully refunded to the Traveler within five days (excluding bank fees).

8.2. The Traveler can cancel their booking at any time under the following conditions:

• In case of cancellation before the Host's confirmation, the site commits to refunding the order amount (excluding service and bank fees).
• In case of cancellation after the Host's confirmation:
• For cancellation up to 15 days before the booking, the platform will refund the order amount (excluding service and bank fees).
• For cancellation between 8 and 14 days before the booking, the platform will refund 50% of the order amount.
• For cancellation up to 7 days before the booking, the platform retains 100% of the order amount.
• If the Host cancels the booking, the order amount is fully refunded.

8.3. If a Host wishes to cancel a stay, they must specify the reasons.

ARTICLE 9 – Traveler’s Responsibility

The Traveler must comply with the laws, rules, and regulations applicable to their use of HÔTES and all tools, products, or services offered, as well as any transaction conducted through the platform as per common law.

ARTICLE 10 – Host’s Responsibility

10.1. The Host must provide accurate information when creating their listing. The photos of the listings must represent the current state of the Accommodation. In case of inaccuracies, the Host will be solely responsible, and HÔTES reserves the right not to reference or to remove the listing.

10.2. The Host must comply with the laws, rules, and regulations applicable to their listing, Accommodation, and rental activities as per common law.

10.3. When publishing or transmitting content through the Site, the Host declares they have the right to do so and have obtained all necessary agreements and authorizations from all owners of the content provided regarding properties or individuals. They are solely responsible in case of non-compliance with this legal obligation.

ARTICLE 11 – Listing and Delisting of Ads

11.1. To be listed, the Host must complete all fields in the submission form for an Accommodation. Listings are then sorted based on the type of Accommodation, its location, and its posting date. The homepage displays links to specific destinations, newly added Accommodations, and Hosts offering discounts. HÔTES cannot guarantee that a listing will appear in a specific order, as results vary depending on the filters applied by the Traveler.

11.2. HÔTES reserves the right to exclude any Accommodation in the following cases:

• Incomplete submission form for an Accommodation,
• Accommodation does not match the listing description,
• Publication of inappropriate or illegal content,
• Offensive or abusive behavior toward a representative of HÔTES.

ARTICLE 12 – HÔTES' Prerogatives

12.1. HÔTES reserves the right to modify, suspend, or terminate any aspect of its site at any time, including the layout and availability of any functionality, database, or content, without incurring any liability in this regard.

12.2. HÔTES may verify the identity of the Accommodation owner, request proof confirming the existence of the Accommodation, and verify that the owner is indeed the rightful owner. If HÔTES suspects that the owner has entered false data following a report by a Traveler, the Host acknowledges that HÔTES is entitled to verify their identity and request proof of the Accommodation’s existence. Upon request, the Host agrees to provide such proof promptly. The Host acknowledges that any refusal to comply constitutes a breach of these General Terms and Conditions of Sale and Use.

ARTICLE 13 – Reviews

Travelers may leave a review regarding the Host and their Accommodation after their stay. HÔTES is not responsible for the content of these reviews, except for its obligations under the French law of June 21, 2004, regarding trust in the digital economy. HÔTES will remove any illegal content that is formally reported. Reviews are moderated in advance by HÔTES to minimize abuse but are not verified for accuracy.

ARTICLE 14 – Use of Messaging Services

14.1. Only the Traveler and the Host are responsible for the content of the messages they exchange.

14.2. The messaging service provided to the Traveler and the Host must only be used for booking reservations or requesting additional information about an Accommodation.

14.3. HÔTES may review messages between the Traveler and the Host to comply with its legal obligations as a hosting provider.

ARTICLE 15 – Content Removal Procedure

15.1. In case of illegal content, HÔTES customer service must be notified via postal or email address.

15.2. The notification must include the following information to be considered:

• The date of the notification;
• If the notifier is a natural person: their full name, profession, address, nationality, date, and place of birth;
• If the notifier is a legal entity: its form, name, headquarters, and the legal representative;
• The name and address of the recipient, or if a legal entity, its name and headquarters;
• A description of the disputed facts and their precise location on the Site;
• The reasons why the content must be removed, including legal provisions and factual justifications;
• A copy of the correspondence sent to the author or publisher of the disputed information or activities, requesting their interruption, removal, or modification, or evidence that the author or publisher could not be contacted.

ARTICLE 16 – Personal Data

The Traveler and the Host are informed that the collection of their personal data is necessary for the sale of Services, their execution, and delivery, as well as their transmission to third parties involved in providing the Services.

This personal data is collected solely for the execution of the service contract.

Collection of Personal Data

The personal data collected on the website www.hote-s.com includes:

Account creation

For Hosts with individual status:

• Name, first name, postal address, and email address of the user.
• Documents verifying the authenticity of the information provided during the listing (property tax, title deed, non-exhaustive list).

For professional Hosts:

• Company name and SIREN number.
• Name, first name, postal address, and email address of the user.
• Documents verifying the authenticity of the information provided during the listing, such as a KBIS for professionals.

For Travelers:

• Name, first name, postal address, and email address of users.

Payment

As part of payment for the Services offered on the website www.hote-s.com, financial data related to the Traveler/Host's bank account or credit card is recorded.

Recipients of Personal Data

Personal data is used by HÔTES and its co-contractors for the execution of the contract and to ensure the effectiveness, execution, and delivery of services.

The category(ies) of co-contractor(s) include:

• Payment service providers

The data controller is HÔTES, as defined by the Data Protection Act and, as of May 25, 2018, the General Data Protection Regulation (GDPR).

Processing Limitation

Unless the Traveler explicitly agrees, their personal data is not used for advertising or marketing purposes.

The information collected is intended to ensure the proper execution of the hosting service provided by HÔTES. The information collected is based on a legitimate interest and respects the rights of users of the Site.

Retention Period

HÔTES will retain the collected data for 5 years, covering the time of the applicable contractual civil liability prescription.

Security and Confidentiality

HÔTES implements organizational, technical, software, and physical security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not entirely secure, and HÔTES cannot guarantee the security of information transmitted or stored online.

Exercise of Rights by Travelers and Users

In accordance with regulations applicable to personal data, Hosts and Travelers of the website www.hote-s.com have the following rights:

They can update or delete their data as follows:

• They can delete their account by writing to the email address contact@hote-s.com
• They can exercise their right of access and information to know the personal data concerning them by writing to contact@hote-s.com
• If the personal data held by HÔTES is inaccurate, they can request an update by writing to contact@hote-s.com
• They can request the deletion of their personal data in accordance with applicable data protection laws by writing to contact@hote-s.com
• Finally, they can object to the processing of their data by the Provider.

These rights, provided they do not conflict with the purpose of processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.

The Data Controller must respond within a maximum of one month.

If the request is refused, the Traveler must be informed of the reason for refusal.

The Traveler is informed that in case of refusal, they can file a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or appeal to a judicial authority.

Hosts and Travelers may be invited to check a box to agree to receive informational and promotional emails from the Provider. They will always have the option to withdraw their consent at any time by contacting HÔTES (details above) or by following the unsubscribe link.

ARTICLE 17 – Amendments to the General Terms and Conditions

In the event of significant modifications to the General Terms and Conditions of Use and Sale, these will be notified to Travelers and Hosts 30 days before their entry into force via email. If the modifications are substantial, Travelers and Hosts will be required to explicitly accept the new Terms. If they do not agree, they will be reminded of their right to refuse the changes and to terminate the contract at any time before the new Terms come into effect. For minor modifications, continued use of the platform will constitute acceptance.

ARTICLE 18 – Intellectual Property

18.1. The content of the website www.hote-s.com is the property of HÔTES and is protected under French and international intellectual property laws, particularly copyright laws and those related to database protection.

18.2. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

18.3. By publishing content on the Site, Travelers and Hosts authorize HÔTES to use it on the Site and for its proper functioning. Thus, Travelers and Hosts grant HÔTES a non-exclusive, worldwide license to their intellectual property rights, for the legal protection duration of the respective content. This includes copyrights and trademark rights on texts, descriptions, reviews, photographs, images, and other content they publish on the Site, allowing HÔTES to reproduce, translate, distribute, publish, publicly display, or use the content on the Site, as well as in marketing materials and initiatives for promoting the Site and listed accommodations, including on third-party websites and social media.

This license is non-exclusive, free, transferable, and irrevocable for the duration of the content’s publication on HÔTES, permitting reproduction, translation, distribution, publication, public display, and global use of the content.

ARTICLE 19 – Liability

19.1. HÔTES cannot be held liable for any delay or failure due to the occurrence of a force majeure event as recognized by French jurisprudence.

19.2. To the extent permitted by law, HÔTES disclaims all liability for any contracts entered into by Travelers with Hosts and the accommodations they book, except for obligations to collect tax-related information and/or occupancy tax on behalf of the Host. To the extent permitted by law, HÔTES also disclaims all liability for actions or omissions of any Host or other parties related to accommodations.

19.3. HÔTES does not provide civil liability or insurance to Hosts or Travelers.

19.4. Contracts entered into between Travelers and Hosts are binding solely between them.

19.5. HÔTES' liability for its services cannot exceed the service fees collected.

ARTICLE 20 – Governing Law – Jurisdiction – Language

20.1. These General Terms and Conditions of Sale and Use and the resulting operations are governed by and subject to French law, except where mandatory rules apply.

20.2. In the event of a dispute, French courts will have jurisdiction, subject to mandatory rules.

20.3. These General Terms and Conditions of Sale and Use are written in French. In the event they are translated into one or more foreign languages, only the French text will be considered authoritative in case of dispute.

ARTICLE 21 – Disputes

For any claims, please contact HÔTES' customer service at the postal or email address provided in ARTICLE 2 of these General Terms and Conditions of Sale and Use.

Travelers are informed that they may, in any case, seek conventional mediation through existing sector-specific mediation bodies or alternative dispute resolution methods (such as conciliation) in the event of a disagreement.

The designated mediator is AME CONSO.

In the event of a dispute between the professional and the consumer, the parties will strive to find an amicable solution.
Failing an amicable agreement, the consumer may freely contact the consumer mediator to which the professional belongs, namely the European Mediators Association (AME CONSO), within one year from the written claim addressed to the professional.
The referral to the consumer mediator must be made:

• either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
• or by mail sent to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris, France.

Travelers are also informed that they may use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes related to purchase and sale operations concluded under these General Terms and Conditions of Sale and Use, which have not been resolved amicably or through mediation, will be submitted to French courts unless mandatory rules dictate otherwise.