GENERAL CONDITIONS OF USE OF THE FAIR PLACE PLATFORM

GENERAL CONDITIONS OF USE OF THE FAIR PLACE PLATFORM

These general conditions were last updated on: 15/02/2018

Contacts:

The site FAIR PLACE is published by:

- FAIR PLACE

SAS with capital of €1,000

Registered at the RCS of Antibes under the number 822 820 346 00010

Headquarters: 300 chemin de la Suquette 06600 ANTIBES

E-Mail: contact@fairplace.fr

Head of publication: Jules Mourot & Jerome Darmon

The site FAIR PLACE is hosted by:

TOKIDEV

3 BD de RIQUIER, 06300 NICE

Simplified share company

Siren: 530 043 751

Capital of €5,100

Contact: 04 92 04 70 08

contact@tokidev.fr

Glossary

The terms "FAIR PLACE", "we", "us" or "our" used in these General Conditions of Use refer to the company FAIR PLACE.

The "platform" or "site" refers to the FAIR PLACE platform.

GCU: General Conditions of Use

Owner: Person who is a member of the FAIR PLACE website having published a listing advertising a seasonal rental offer for a property that belongs to him or her.

Traveller: Person who wishes to/has booked a property with an Owner through the intermediary of the FAIR PLACE platform.

User: Any person who accesses the platform.

Villa: House or apartment in the FAIR PLACE collection

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Please read these General Conditions of Use carefully because they contain important information about your rights, obligations and legal recourse.

Access to and use of the FAIR PLACE platform is subject to the acceptance of these General Conditions of Use.

By accessing the FAIR PLACE platform or by using it, you agree to be bound by these General Conditions of Use and to comply with them.

These General Conditions of Use constitute a legally binding agreement which binds you to the company FAIR PLACE (as defined below) and which governs your access to the platform and your use thereof, including other sites proposed through the intermediary of the FAIR PLACE platform. This contract will be valid for a period of 30 days, at the end of which it will be automatically and permanently renewed for successive periods of 30 days until such time as you seek its termination by registered letter addressed to the headquarters of the company FAIR PLACE.

Users are advised to refer to the latest version of the GCU before navigating on the site, and they can be accessed at any time on the site. In the case of disagreement with the general conditions, the user may not use the site.

The publisher reserves the right to modify the site and its services at any time and without notice, as well as these GCU, in particular in order to comply with all regulatory, legal, editorial and/or technical developments.

To keep Owners informed and within a reasonable time frame before the publication of new General Conditions of Use, the FAIR PLACE platform shall send each of the Owners an email informing them of the changes to the general conditions.

In the event of failure to denounce the said general conditions within a period of 10 days after receipt of this e-mail, the new general conditions will be deemed to have been accepted.

For any question or request for information concerning the site, or to report any illicit activities or content, the User can contact the publisher at the following email address: contact@fairplace.fr or send a registered letter with acknowledgement of receipt to the address of the headquarters given at the start of these conditions.

The manner in which we collect and use personal data related to your access to the FAIR PLACE platform and your use of the FAIR PLACE platform is described in the paragraph about protecting data of a personal nature.

All payment services related to your use of the FAIR PLACE platform are provided by an independent company, the company STRIPE (www.stripe.com).

The conditions relating to the payment of the company STRIPE are accessible via the link given below: https://stripe.com/fr/privacy#translation

The GCU apply, as necessary, to any variation or extension of the Internet site FAIR PLACE, on social media and/or existing or future communities.

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1. Services offered by the FAIR PLACE platform

1.1 The FAIR PLACE platform is an online marketplace that allows registered users (the "Owners") to publish an advertisement about the availability for seasonal rental of a property (“the Villa”) located in metropolitan France.

The FAIR PLACE platform also allows property owners and travellers in search of holiday accommodation to enter into contact with one another. This platform allows owners and travellers to communicate directly with each other to conclude a seasonal rental contract.

The FAIR PLACE platform does not have the purpose of presenting property for sale or for long term rental whether for furnished or unfurnished premises.

1.2 FAIR PLACE also offers a service to assist with drafting the advertisements.

This service is accessible in the OWNER tab after requesting registration with the FAIR PLACE platform.

To request this service, a certain amount of information must be provided (last name, first name, email address).

1.3 FAIR PLACE has a concierge service, a complementary activity with the constant objective of offering maximum satisfaction to Owners and Travellers booking a property from among the platform’s collection.

This concierge service is independent from the activity of allowing Owner and Travellers to contact each other and is subject to an independent contract.

The introductory activities and the concierge activities are independent of each other.

When a Traveller books a property or an Owner publishes an advertisement on the FAIR PLACE platform, the concierge service is not included.

The FAIR PLACE concierge service must be requested by interested parties by telephone + 33 (0)6 66 05 50 44 or by e-mail contact@fairplace.fr.

1.4 FAIR PLACE does not own and does not create advertisements (except the service assisting with the drafting of the advertisements), nor does it sell, sell on, provide, control or manage any properties.

The Owners are solely responsible for their ads.

When Owners make or accept a booking, they enter into a seasonal rental contract with the Traveller directly. FAIR PLACE is not and will not become party to any contract between Owners and Travellers. FAIR PLACE is not involved in the contractual relationship established between Owners and Travellers.

FAIR PLACE is not a real estate broker, nor an insurer, property manager or real estate agent.

FAIR PLACE only acts in introducing parties to each other.

1.5 FAIR PLACE cannot be held responsible for the behaviour of Owner(s) or Traveller(s).

You should always exercise caution when you decide to stay in a Villa, accept a booking request, or have any other exchange or interaction with any other person (Traveller or Owner) online or in person.

Some ads may have images with the FAIR PLACE logo. This signifies that the photos in the advertisement genuinely correspond, at the time the photo was taken, to the seasonal rental proposed by the owner, FAIR PLACE having previously visited the said property.

This does not constitute endorsement by FAIR PLACE of any Owner or of any Advertisement.

Should the property have changed since the date on which the photo was taken, FAIR PLACE cannot be blamed for this.

The Owner remains solely responsible for his/her advertisement and the photos published.

1.6 If you choose to use the FAIR PLACE platform as an Owner, your position with respect to FAIR PLACE is limited to that of an independent third party contractor, and not an employee, agent, a member of a joint venture or even an associate of FAIR PLACE for any reason whatsoever.

There is no relationship of subordination between FAIR PLACE and the Owners.

You are acting exclusively on your own behalf and for your sole benefit and not for the account of or for the benefit of FAIR PLACE.

1.7 To help Owners or Travellers who speak another language, advertisements and other forms of Member Content may be translated, fully or partially, into other languages. FAIR PLACE cannot guarantee the accuracy or the quality of these translations, and it is up to the Owners to check the accuracy of these translations.

As the translation is made to offer the Owner better visibility on the platform, FAIR PLACE will not have to seek the permission of the Owner to translate the advertisement.

In case of refusal of a translation of your advertisement, you must inform FAIR PLACE by e-mail or by registered letter addressed to the headquarters.

2. Eligibility

2.1 You must be at least 18 years old (or the legal age required in your country of residence) and have the legal capacity to enter into a contract to access the FAIR PLACE platform, to use or create an Owner account or to ask to rent a Villa in the FAIR PLACE collection. By accessing or using the platform, you certify that you are at least 18 years of age and have the ability and the power to enter into a contract. In addition, you guarantee that all the information you provide is true and accurate.

2.2 FAIR PLACE disclaims all liability with regard to the identity of Owners or Travellers.

2.3 By presenting a rental property on the FAIR PLACE platform you guarantee to FAIR PLACE and Travellers that you are the rightful owner of the property on offer, that you have the right to propose its seasonal rental, or that you are in possession of a management mandate.

FAIR PLACE reserves the right to prosecute any person who would publish an advertisement in disregard of the rule specified above.

2.4 FAIR PLACE is a platform that places Travellers and the Owners of luxury Villas or Apartments in contact with each other.

FAIR PLACE reserves the right to refuse the publication of advertisements concerning a Villa or apartment without having to justify this to the Owner.

3. Access to the FAIR PLACE platform

The FAIR PLACE platform is available at the address: www.fairplace.fr

Connecting to and navigating the website FAIR PLACE implies unreserved acceptance of the General Conditions of Use regardless of the technical means of access and the terminals used.

3.1 Registering to the platform as an Owner and access to the Owner account

To register as an Owner and be able to publish an advertisement (in addition to the obligations of being of age and having rights to the property on offer as mentioned above), a certain amount of information will need to be provided (last name, first name, email, telephone, country).

You must enter accurate, up to date and complete information during the course of the registration procedure and keep the information in your Owner account up to date, as well as that contained on the pages of your property(ies) on offer for seasonal rental.

When proposing a Villa in the FAIR PLACE collection you certify that you have all the necessary rights to propose the said Villa as a seasonal rental and to collect the rents.

The responsibility of FAIR PLACE cannot be engaged in case of identity theft by the alleged Owner or if the said Owner is not the owner of the rights necessary to propose the property for seasonal rental.

FAIR PLACE reserves the right to prosecute any person infringing this obligation.

If you create a FAIR PLACE account for a company or other legal entity you certify that you have the power to legally engage this legal entity and to give us all the permissions and licenses of use.

After sending your request to FAIR PLACE, the platform services will make contact with the Owner directly by email.

Once the registration request has been accepted by FAIR PLACE, access to the Owner account is via the LOGIN tab.

The Owner must then register an email and password.

It is forbidden to create several Owner accounts without prior express permission granted by the company FAIR PLACE.

The Owner account is personal and may under no circumstances be the object of a transfer or handover.

It is up to you to preserve the confidentiality and security of your FAIR PLACE Owner account login information and it is forbidden for you to disclose your login information to any third party.

If you think or if you have reason to believe that your login information has been lost, stolen, misappropriated or compromised in any way, or in the case of verified or suspected unauthorised use of your FAIR PLACE account, you must immediately inform FAIR PLACE. You are responsible for all the activities carried out using your FAIR PLACE account.

FAIR PLACE cannot be held responsible for incorrect or false information published on an account.

3.2 Booking a seasonal rental property by a Traveller

Travellers who would like to book a property go to the COLLECTION tab to familiarise themselves with all the advertisements published by the Owners.

It is not necessary to create a Traveller account, but some personal information will need to be provided to ask to book a Villa in the collection.

The Traveller is responsible for the accuracy of the information provided. FAIR PLACE cannot be held responsible for any incorrect or false information published by a Traveller in order to book a Villa.

Depending on the Owner’s choice, the booking may be instantly accepted or be subject to the Owner’s prior agreement.

The availability specified at the bottom of the page is only given as an indication.

FAIR PLACE does not guarantee Travellers of the availability displayed as long as the booking request has not been accepted, and the Traveller has not received an email confirming the booking.

FAIR PLACE cannot be held responsible for the cancellation of a booking after acceptance by the Owner or refusal of a booking by an Owner.

The terms (period of notice, paying or free) regarding cancellations are specified by the Owners on the Villa advertisement.

Each Owner has his or her own terms of cancellation.

To book a property through the intermediary of the platform, the Traveller must specify the number of people who wish to occupy the property.

The information entered must be faithful to reality.

It is strictly forbidden for travellers to occupy the property proposed above the capacity specified by the owner in the advertisement.

In the case of non-compliance with this obligation, the Owner and FAIR PLACE reserve the right to seek damages.

It is recalled that the advertisement is drafted by the Owner and that the Owner is solely responsible for the information provided.

FAIR PLACE cannot be held responsible for any errors or non-compliance with regard to the characteristics specified with the rental property.

4. Termination of subscription

Registered Owners may at any time ask to unsubscribe on the dedicated page in their personal account. Any cancellation of a subscription to the site will be effective immediately subject to Owner compliance with the commitments made to travellers who have already booked the property made available for rent through the intermediary of the FAIR PLACE platform fair place, and the conditions of cancellation laid out by the Owner.

5. Owner Liability


It is exclusively the responsibility of Owners to comply with all laws, rules and regulations applicable to their advertisements and to their activity of making a seasonal rental property available.

For example, some cities have adopted laws which prohibit hosting paying travellers for short periods of time.

Owners must personally check with the competent authorities of their city, town (or other) whether is necessary to make certain statements, to obtain an authorisation or all other mandatory formalities for seasonal rental of his or her property.

It is reminded that preparing, distributing or selling food and alcohol is strictly regulated by Law.

It is imperative that any Owner intending to carry out such activities, and to be in perfect compliance with the Law and regulations, must make contact with the competent authorities to ask for the necessary permissions, or at the very least take legal counsel to be aware of his or her rights and obligations.

FAIR PLACE cannot be held responsible in the event of failure on the part of an Owner to fulfil his or her legal obligations.

6. Tax and social obligations of Owners

FAIR PLACE reminds each Owner of the tax and social contribution obligations in relation to seasonal rental of property.

You will also find all the necessary information in the section: Tax and social contribution obligations of owners.

At the beginning of the calendar year, FAIR PLACE will send an email to each of the registered Owners with a summary statement of transactions related to the seasonal rental performed through the intermediary of the FAIR PLACE platform.

This document will show the total amount of sums collected by the Owner as part of transactions carried out on the FAIR PLACE platform, excluding commissions collected, to allow each Owner to proceed with his or her social contributions and income tax returns.

The certificate will be sent by email to the address given by the Owner.

It is mandatory for each owner to enter a valid address.

In the case of an invalid email address or change of address without having explicitly informed FAIR PLACE, the latter will send the said certificate by registered letter with acknowledgement of receipt at the expense of the Owner.

Each OWNER may seek a paper copy of this certificate by sending a request by email to the head office of the company FAIR PLACE.

FAIR PLACE must prove to the tax administration that it has distributed this information. To this effect, as an Owner you authorise FAIR PLACE to submit to the tax administration any document demonstrating that it has duly informed you of the income obtained over the year from the seasonal rentals operated through the intermediary of the FAIR PLACE platform.

For any information concerning tax obligations and social contributions related to the seasonal rental of your property, FAIR PLACE invites you to take knowledge of the internet pages whose links are given below:

- https:// https://www.impots.gouv.fr/portail/node/10841

-http://www.securite-sociale.fr/Vos-droits-et-demarches-dans-le-cadre-des-activites-economiques-entre-particuliers-Article-87

FAIR PLACE also recommends that you take legal advice to ensure that you follow all local and national regulations established regarding the seasonal rental of a real estate property.

8. Special conditions for Owners

8.1 Conditions applicable to advertisements

When you create an advertisement on the FAIR PLACE platform, you must provide accurate and complete information. FAIR PLACE expects its Owners to give a description of the property that is faithful to the reality. The dates of availability must be regularly updated by the Owner so that travellers can take knowledge of the availability without difficulty.

FAIR PLACE reserves the right to ask an Owner to clarify a listing.

In the case of failure on the part of the Owner to do so, despite the recommendations of FAIR PLACE, FAIR PLACE reserves the right to delete or suspend the published advertisement or the account of the Owner.

If FAIR PLACE has any doubt about the compliance of an advertisement with the reality of the property on offer, it may freely decide not to publish the offer. The Owner will be informed of the reasons for this non-publication and will comply with the recommendations of FAIR PLACE to see the advertisement published. No appeal may be made on this subject against FAIR PLACE that remains the sole entity with power to decide what may or may not be published on the site.

In your capacity as Owner, you agree to keep the information in your advertisement up to date.

Owners are solely responsible for setting the price (applicable taxes included) for their listing ("Price displayed"). Once a Traveller has booked, no higher price than that contained in the booking request can be requested.

Rental or cancellation terms set out in the advertisement must not be contrary to these GCU, and must be consistent with normal usage and regulations in force.

In your capacity as Owner, when you accept or pre-approve a Traveller’s booking request, you enter into a legally binding agreement with the Traveller in the form of a seasonal rental contract.

You are then required to provide the service or services mentioned in your advertisement on the requested booking date.

You also agree to comply with the national legislation in matters of tax returns and social contributions.

FAIR PLACE recommends that each Owner take out suitable insurance when renting out their property on a seasonal basis.

FAIR PLACE invites all its Member Owners to take knowledge of their insurance policy and invites them to take legal advice to have perfect knowledge of the guarantees and exclusions contained in their insurance policy and whether the insurance policy taken out corresponds to the activity being exercised.

8.2 Content of the Advertisements

You can only list one Accommodation offer per advertisement.

If you choose to request a security deposit for your Accommodation, you must mention this in your advertisement (the "Security deposit"). Owners are prohibited from requesting a security deposit AFTER a booking has been confirmed outside the FAIR PLACE platform.

FAIR PLACE is not responsible for the administration or the acceptance of any claims of owners concerning security deposits.

When offering a property for rent you must ensure that the proposed lease does not contravene any agreement that you have made with third parties, condominium rules, or other agreement. In your capacity as Owner Member of the FAIR PLACE platform, you guarantee that your advertisement and behaviour are consistent with all applicable laws (such as the laws of urban planning), tax obligations and other rules and regulations (including obtaining all required permits, licenses and registrations).

If your property is part of a condominium, FAIR PLACE invites you to check whether seasonal rental is an authorised activity within your co-ownership regulations.

FAIR PLACE also invites you to take legal advice to ensure that a seasonal rental activity can be carried out under your care.

Concierge service

The presence of a FAIR PLACE insignia on an advertisement indicates that the Owner of the Villa has sought the concierge services of FAIR PLACE.

Information about the concierge service offered by FAIR PLACE is available by sending a request by email to FAIR PLACE: contact@fairplace.fr

Availing of the concierge service does not offer better visibility of the Villas in the FAIR PLACE collection.

9. Special conditions for Travellers

9.1 Conditions applicable to all bookings

Subject to fulfilling all the conditions defined by the Owner, you can book a property proposed on the FAIR PLACE platform following the appropriate booking procedure, after selecting your chosen Villa in the FAIR PLACE collection and after providing the information requested.

A summary statement of the various fees and the price is presented during the booking procedure (service charges, security deposit, VAT…).

No other additional costs for the same service may be solicited after acceptance of the booking by the Owner.

When you request to book a Villa, you agree to proceed with the payment of the amounts indicated in the advertisement.

The payment conditions are mentioned below.

Upon receipt of a booking confirmation from FAIR PLACE or from the Owner’s account, a legally binding agreement (a seasonal rental contract) is drawn up subject to the application of the terms and conditions of cancellation specified in the advertisement or the legally acceptable terms and conditions of cancellation (force majeure…).

Payment of the booking is operated through the intermediary of the platform STRIPE.

By proceeding to payment you agree to the terms and conditions implemented by STRIPE that can be accessed using the following link.

https://stripe.com/fr/legal

In your capacity as a Traveller proceeding to the booking of a Villa, you commit to the fact that the other travellers with whom you will share the Villa comply with all the conditions mentioned herein and in the advertisement of the Villa being booked.

If you make a reservation for an additional traveller who is a minor, you state and guarantee that you are legally authorised to act on behalf of said minor.

9.2 Booking accommodation

A booking of a property confirmed by an Owner constitutes limited authorisation granted to the Traveller by the owner to enter, to occupy and to make use of his or her property for the duration of the planned stay.

In your capacity as Traveller, you agree to leave the property at the latest on the date and at the time limit of occupation that the Owner specified in the advertisement or at another time fixed by mutual agreement between you and the Owner.

If you remain beyond the time limit of occupation without the agreement of the latter, you are no longer authorised to occupy the property and will be considered as occupying the property without any right or entitlement.

In such a circumstance, the Owner or his or her representative is entitled to make you leave the property by any means consistent with applicable law.

FAIR PLACE also reserves the right to undertake legal action against you to seek damages and compensation.

If you remain in the property without right or entitlement, you agree to pay, at the request of the Owner or of FAIR PLACE an occupation fee equal to twice the price displayed per night originally paid for each twenty-four hour period (full or partial) of overrun.

In addition, should you remain without right or entitlement in a Villa you agree to settle all of the applicable charges and taxes.

Legal costs and related costs necessitated by your eviction will also be borne by the Traveller who has lost the right or entitlement to remain.

All of these costs and in the first place the fees for remaining in place without any right or entitlement may be deducted from the security deposit upon request from the Owner.

10. Service fees

FAIR PLACE invoices service fees to Owners for each booking made through the platform.

The total amount of the booking should be paid through the intermediary of the STRIPE website.

The service fees are included in the total amount of the rental presented to the Traveller at the time of booking.

The amount of the service fees is 5 per cent, all taxes included, of the total amount of the booking, cleaning costs and other potential miscellaneous costs included.

Through the intermediary of STRIPE, the total amount of the booking will be paid to the owner’s account.

On a monthly or quarterly basis, the FAIR PLACE platform will send the Owner an invoice corresponding to the service fees due for the period.

The invoice is payable by the Owner upon reception.

11. Damage caused to the Accommodation, disputes between Users

As a Traveller, you are obligated to return the rented Villa (including all personal effects or other property contained therein) in the condition in which you found it on your arrival. You are responsible for your own actions and omissions, and those of any person that you invite into the Villa or animals that you are in your care.

If an Owner demonstrates that a traveller has caused damage to the Villa or to objects and movable property that furnish it, the Owner may seek reimbursement of the costs incurred for the purposes of rehabilitation.

If an Owner complains to FAIR PLACE about damage to his or her property and/or its accessories, the allegedly responsible traveller will be informed by the FAIR PLACE platform and will be able to provide any useful information for responding to the complaint from the Owner in writing.

Travellers and Owners must make every effort to resolve such difficulties amicably.

In case of refusal by a Traveller to pay the rehabilitation costs, the Owner may seek the payment of the said costs by legal means, as well as the reimbursement of legal costs incurred.

If it is demonstrated that the Traveller is responsible for the damage caused, and at the Owner’s request, FAIR PLACE may authorise STRIPE to collect the sums necessary for the repairs.

In the event of significant damage observed further to a Traveller’s stay, FAIR PLACE invites the Owner to have the damage assessed by a bailiff (at the Owner’s expense) or at least to take photographs of the alleged damage.

No delegation is granted to FAIR PLACE to legally pursue at its own expense any travellers who may have caused damage to a Villa, to its furnishings or any of the Villa’s accessories.

The Owner is the only one to have an interest in and the capacity to prosecute for the payment of the sums requested taking into account the damage observed.

Nevertheless, FAIR PLACE reserves the right to undertake legal proceedings against a Traveller to demand damages and compensation for breach of image.

As a European Union resident, you can access the European Commission online platform for resolving consumer disputes at the following link:

https://ec.europa.eu/consumers/odr/main/?event=main.home.show

If the responsibility of the Traveller is established regarding damage, FAIR PLACE will be authorised to refuse any future booking requests made by this Traveller.

11.1 Security deposit

Within the framework of making a property available for seasonal rental, the Owner may seek a deposit payment to cover any eventual damage caused by Travellers.

It is imperative that the amount solicited for the security deposit is clearly indicated on the advertisement for the property for rent.

The security deposit must be solicited before finalising the booking.

It is strictly forbidden for any Owner to seek the payment of a security deposit from a Traveller after confirmation of the booking.

Owners are also prohibited from seeking payment of the security deposit in cash.

FAIR PLACE shall not be held responsible for any difficulties regarding the payment or reimbursement of the security deposit.

At the end of the rental period, the owner has a period of 48 hours within which to inform FAIR PLACE about any eventual damage identified.

This claim must be supported by photographs and any other element that can demonstrate the reality of the said damage.

To assess the amount for the repairs, the Owner must present FAIR PLACE with two estimates to allow the amount for the repairs that have been made necessary to be calculated in a sure manner.

In this specific case, the Traveller will be notified to enable him or her to add any clarification or explanation which may seem useful to him or her.

The estimates (2) to restore the property to its former condition will be sent to the Traveller responsible for the damage observed.

The Traveller has a period of 72 hours within which to respond to the notification received.

Unless s/he can demonstrate that s/he (or the persons invited by him or her to the Villa) did not cause this damage, the amount of the repairs or replacement of the damaged item will be levied on the security deposit.

11.2 Information for Travellers

A security deposit may be requested when booking a villa.

The amount of this security deposit is freely chosen by the Owner and must be clearly indicated in the advertisement.

Owners are prohibited from asking you to pay the security deposit in cash.

Owners are also prohibited from seeking a security deposit after the booking has been made.

The security deposit is borrowed from a credit card by the service provider STRIPE (booking payment system).

The contact details for the STRIPE platform are available on this page.

Your bank details are stored for the duration of the rental period and up to 15 days following the return of the keys, in the absence of any damage to the property identified by FAIR PLACE or by the Owner.

Following the departure of the Traveller, the Owner has a period of 48 hours within which to inform FAIR PLACE of any damage identified.

In such a case, FAIR PLACE shall notify the Traveller by email of the claim made against him or her.

The Traveller has a period of 72 hours within which to respond to this notification and add any response which appears useful to him or her.

In the event of proven damage, the amount of the repairs or the return to the original condition will be levied on the security deposit.

In this particular case, the bank details of the Traveller will be retained by STRIPE for the time required to resolve the situation that has arisen as a result of the damage observed.

FAIR PLACE cannot be held responsible in the event of difficulties regarding the payment or refund of the security deposit.

11.3 Inspection of the premises

After the handover of the keys, Travellers have a period of 48 hours within which to notify, in writing, the Owner or at FAIR PLACE of any eventual damage observed within the property or any damaged items of furniture.

In the absence of notification of any damage to the Owner and/or FAIR PLACE, the Villa (or Apartment) will be considered to be in good condition as provided for under article 1731 of the Civil Code.

At the end of the contract, should the Owner or FAIR PLACE observe any damage within the villa (damaged walls, damaged furnishings, tableware items missing... non-exhaustive list) the amount required to return the property to its previous condition may be levied on the security deposit.

The Traveller will be provided with the invoice from a duly declared professional in order to justify the amounts levied.

In the absence of any damage, the Traveller’s bank details will be deleted by STRIPE within a period of fifteen (15) days following the end of the rental period.

12. Booking Changes, Cancellations and Refunds

Owners and Travellers are responsible for any changes to bookings they have made on the FAIR PLACE platform.

When requesting to change a booking, the Owner and/or Traveller agree to pay any additional charges and/or taxes associated with the changes.

Travellers can cancel a confirmed booking at any time, subject to the terms and conditions of cancellation in the advertisement.

STRIPE will reimburse the Traveller in accordance with the conditions of cancellation. Except in cases of force majeure (defined below), all amounts due to the owner under the cancellation conditions applicable will be paid by STRIPE in accordance with the conditions defined on the FAIR PLACE platform.

Cases of force majeure accepted by the FAIR PLACE platform that allow a booking to be cancelled without charge are those that are lawfully acceptable.

In case of cancellation of a trip due to force majeure, with request for reimbursement, the Traveller or the Owner will necessarily have to address the claim to the headquarters of the company FAIR PLACE by registered letter with acknowledgement of receipt no later than (date of sending) 14 days after the planned date of arrival. FAIR PLACE reserves the right to request the Traveller or Owner (depending on the case) to provide all proofs of a case of force majeure invoked in support of this request for reimbursement.

If an Owner cancels a confirmed booking, the Traveller will be reimbursed in full by the owner and through the intermediary of the STRIPE platform for the total fees paid for this booking.

FAIR PLACE may decide, at its sole discretion and to protect the legitimate interests of both parties, to cancel a confirmed booking and to proceed to the appropriate refunds and payments.

FAIR PLACE will not have to justify this cancellation and no appeal may be brought against FAIR PLACE in such a circumstance.

13. Ratings and Reviews

After enjoying a stay in the Villa booked, the Traveller can rate the quality of the Villa and comment on the stay.

These comments and ratings will be visible to the public.

These comments and ratings reflect the opinion of the Traveller and not that of FAIR PLACE

The Traveller commits to leaving a fair and honest review, consistent with the reality and is forbidden from any offensive, discriminatory, libellous or defamatory remarks.

The Ratings and Reviews may be unsubstantiated or deceptive. FAIR PLACE cannot be held responsible for any comments published by travellers as a review.

Reviews are filed chronologically.

There is no consideration paid in exchange for leaving a review or commenting on a Villa.

It is strictly forbidden to the Owner to offer compensation in exchange for a positive review of his or her Villa or a negative review of another Villa.

The reviews will be kept for a reasonable period of time and may be deleted by FAIR PLACE, without justification, after a period of 6 months.

A random check is operated by FAIR PLACE to ensure that the comments and opinions left by Travellers are not of a defamatory nature, misleading, racist, discriminatory or morally prejudicial (non-exhaustive list).

A review or a comment left by a Traveller who has not actually rented the Villa seasonally can be deleted out of fear that it does not reflect reality.

FAIR PLACE cannot modify an opinion.

FAIR PLACE reserves the right to delete any comment that it considers as not reflecting reality or that is abusive, discriminatory or defamatory.

14. Currencies

The payment of the services offered by FAIR PLACE will only be made in euros.

For use of the site FAIR PLACE outside the euro zone, FAIR PLACE may, at its sole discretion, round the figure of amounts payable by Travellers or Owners up or down.

15. Taxes

Travellers are responsible for paying any local taxes (tourist tax, accommodation tax, or other similar taxes required locally or nationally).

It is the Owner’s responsibility to determine the amount of the various taxes that can be sought by national or local regulations and to proceed to the required payments.

If the Owner is subject to VAT, the price must be given inclusive of VAT and all required tax returns and payments must be made to the tax administrations.

This tourism or accommodation tax is collected in principle by the Owner and by FAIR PLACE as an exception.

The tax regulations may impose that we collect tax data and collect some taxes.

To do this, the Owner will provide FAIR PLACE with all the documents which are necessary and already authorises FAIR PLACE to withhold at the source the amount of taxes to be repaid to the tax administration.

In case of refusal of the Owner and by legal obligation FAIR PLACE can be led to block the payments of the price of rentals of the Villa(s) to proceed to the payment of the fees requested by the tax administration until such time as the dispute is resolved.

In case of difficulty and costs incurred by FAIR PLACE to proceed with the returns not made by the owner, the latter reserves the right to request the payment of additional fees that it has incurred to proceed to the tax returns in the place of the Owner.

16. Personal data

FAIR PLACE undertakes to ensure that the collection and processing of personal information are carried out in accordance with the law n°78-17 of 6 January 1978 relative to Computing, Files and Freedoms amended in 2004.

www.fairplace.fr is the object of a declaration to the CNIL under the number:
"Declaration in Progress"

In application of this act relative to computing, files and freedoms, the user is informed of the need to collect certain information to operate the service. At the time of registration on the platform by the Owner User and at the time that a User Traveller books a Villa from the collection, a certain amount of personal information is requested (Last name, first name, postal address, email address…).

In the absence of this information, the service cannot be provided.

All the information requested during registration and throughout the use of the platform is confidential and FAIR PLACE does not sell the personal data of the Users of its platform.

The personal data or other information entered on the platform allows FAIR PLACE to verify the identity of Travellers and Owners, to attempt to minimise fraud.

This data also allows FAIR PLACE to develop new services or improve the FAIR PLACE platform.

The information given by the User Owner allows FAIR PLACE to send legally required information to each Owner at the end of the year.

In the framework of payment of the bookings made by the Traveller and during the creation of the Owner account, a certain amount of banking information is requested.

This information is under the care of the company STRIPE.

The policy of the company STRIPE regarding personal data is accessible at the link below:

- https://stripe.com/fr/privacy#translation

Personal information or other information provided by Travellers and Owners is shared by FAIR PLACE with its partners for the performance of the services sought, and also to respond to legal requests from all French or foreign public authorities and government bodies.

The information collected is kept fora period of 5 yearsand is intended for handling the request by Travellers for a seasonal rental and possibly for any claims that result from this rental.

The information collected from the Owners is kept for a period of 5 years and is intended for the establishment of the Owner profile and for handling requests for seasonal rental and payment of the rental sums.

In accordance with the law on Computing and Freedom, you may exercise your right to access any data that concerns you and to amend it by contacting the headquarters of the FAIR PLACE platform at the following addresses:

Headquarters: Email:

300 Chemin de la Suquette contact@fairplace.fr

06600 ANTIBES

The personal information collected is intended exclusively for fairplace.fr and its partners.

This data can be used to send the User information about the new features on the platform or newsletters, unless the User opposes this.

Users may exercise their right to oppose, access, modify, correct, update and erase their personal data at the address at the beginning of this agreement (reproduced above) by attaching to this request a copy of both sides of a valid form of identification.

17. Content

FAIR PLACE is the holder of the intellectual property rights both of the general structure of the platform as well as its content (texts, images, videos, photos... non-exhaustive list).

Any content that appears on the platform is protected by copyright and by rights relating to databases. Any total or partial reproduction of the platform, including any copy of texts, visuals or designs, is prohibited.

Owners and Travellers who publish, upload or transmit content, of whatever nature, on or through the intermediary of the platform state they hold the necessary rights to do so.

By publishing, downloading or holding on the platform FAIR PLACE texts, photos... (Non-exhaustive list), Users (Owners and Travellers) grant FAIR PLACE non-exclusive, transferable, irrevocable rights to reproduce, translate, broadcast and publish this content by all means, existing or future, free of charge and without limitation as to time.

Users also grant FAIR PLACE the possibility to create derivative works, display or produce in public, in the entire world, by any means and for any use, the different content that is published, downloaded, kept... (non-exhaustive list) on the platform.

18. Accessibility of the platform

Due to the nature of the Internet, FAIR PLACE cannot guarantee uninterrupted and continuous availability and accessibility of the platform.

FAIR PLACE may limit the availability of the platform or of certain areas or features of the platform if necessary.

FAIR PLACE can improve or modify the platform and add new services at any time.

Inability to access the FAIR PLACE platform on the part of an Owner or a Traveller cannot be regarded as a fault on the part of FAIR PLACE.

19. Third Party Websites

The FAIR PLACE platform may contain links to Internet sites or services proposed by independent third parties.

Any use of these third party services or of these Internet pages is unrelated to FAIR PLACE.

The responsibility of FAIR PLACE cannot be engaged in light of information, of proposed services or accuracy of the content, (without this list being exhaustive) with regard to these sites and third party services.

These third party services may be subject to different conditions of service and different practices in the area of protection of personal data. The links to these third party services cannot be interpreted as an endorsement by FAIR PLACE of these third party services.

20. Prohibited Activities

As a user of the FAIR PLACE platform, you agree to comply with all of the national rules, regulations and laws, tax obligations and applicable local regulations.

You are forbidden from circumventing these regulations or from contravening the rules discussed herein, or from assisting a third party who seeks to violate or circumvent these rules.

In your capacity as a user of the FAIR PLACE platform (Traveller or Owner), you are forbidden for making use of the platform for fraudulent purposes, or for purposes other than to proceed to advertising a seasonal rental or to book a Villa from the FAIR PLACE collection.

Use of the FAIR PLACE platform must be done with respect for all other users. It is forbidden to undermine the morals or the dignity of other users of the FAIR PLACE platform.

It is also forbidden to interfere with the correct working of the FAIR PLACE platform by any means whatsoever.

It is strictly forbidden for any User of the platform to send and/or store material containing computer viruses, Trojan horses or other codes, files, agents and computer programmes that are harmful to other users or to the platform.

The User is aware and informed that viruses and other harmful programmes exist that may affect his or her device, and it is up to the User to take all measures of protection.

FAIR PLACE may not be held responsible in the event of contamination of a User’s device by a computer virus (or other form).

In the event of non-compliance with the rules contained in these GCU, FAIR PLACE reserves the right to delete comments and posts and/or disable and/or block the access of the User concerned.

Users of the FAIR PLACE platform must lend their support to FAIR PLACE to enable it to disable or delete the accounts or comments that are not in compliance with these GCU.

FAIR PLACE only has an obligation of means with regard to auditing profiles and comments or opinions of Users.

As a user of the FAIR PLACE platform, if you notice that another User is not behaving appropriately or is contravening the rules contained within these GCU, or is morally non-compliant, you have a duty to inform FAIR PLACE immediately.

FAIR PLACE commits to analysing the situation and to taking those measures that seem most appropriate.

These CGU have been subject to translation. The French version is the only valid version.

21. Exclusions of liability and guarantee

Use of the FAIR PLACE platform is carried out at your own risk.

FAIR PLACE cannot be held responsible for any inconvenience caused by the use made of its platform.

22. Remarks

You are invited to share with us by email your remarks, comments and ideas (non-exhaustive list) in order to improve the FAIR PLACE platform. No remark, comment or opinion that you send us will be considered confidential.

By sending us your remarks, opinions and comments (non-exhaustive list), you grant us a non-exclusive license, worldwide, copyright-free, irrevocable, perpetual and that can be the subject of a sub-license to use and publish these ideas for any purpose whatsoever, without compensation for you.

If one or more of these stipulations should be deemed void under the terms of a legal or regulatory provision or a judicial decision which has become final, it would be deemed not to be written, but would not lead to the nullity of the other provisions.

23. Applicable Law and Competent Court

The applicable law is French law.