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/payment-terms/legal

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://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 amount of the service fees is 6 per cent, all taxes included, of the total amount of the booking, cleaning costs and other potential miscellaneous costs included.

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

At the time the Traveller makes the payment through the STRIPE site, the service fees are collected and paid directly to FAIR PLACE.

The rest of the payment is paid in full to the Owner.

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.

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 PROTECTION POLICY

Updated: 06/2018

FAIR PLACE is committed to ensuring 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 subject of a declaration with the CNIL under the number: 2157371 v 0

In application of this law related to computing, files and freedoms, the user is informed of our need to collect certain information in order to operate the service. When a User Owner registers with the Platform and when a Traveller books a villa in the collection, a certain amount of personal information is requested (last name, first name, postal address, email address…).

In the absence of this data the service cannot be performed.

The methods of collection, processing and use of this data are presented below in application of the General Data Protection Regulation for European citizens.

The information collected is stored for the time required to resolve any dispute between the Owner and the Traveller as a result of booking a Villa in the FAIR PLACE Collection.

The information collected is intended for the processing of the request for a seasonal rental by Travellers and if necessary for claims that are pursuant to this rental.

The information collected from the Owners is stored for the entire duration for which the Owner wishes to maintain its FAIR PLACE account and the time required to handle any claim that results from the rental of their property by a FAIR PLACE Traveller.

The main purpose of this information is to establish an Owner Account, to process requests for seasonal rentals and for the payment of rent (as mentioned below personal financial information, credit card number or bank account information are only collected by our subcontractor company STRIPE).

The User may exercise his or her right to oppose, access, modify, correct, update and delete personal data by sending a letter or an e-mail, with a double-sided copy of a form of official identification, to the headquarters of the company FAIR PLACE whose address is given below;

Headquarters:

300 Chemin de la Suquette

06600 ANTIBES

Email: contact@fairplace.fr

Presentation of the FAIR PLACE platform/ site:

FAIR Place is a space that allows Travellers to find luxury Villas or Apartments located on the Côte d'Azur that have been put up for rent by their owners.

This space allows FAIR PLACE owners to place an advertisement for the rental of a real estate property that belongs to them.

This Privacy Policy applies to the Website and forthcoming mobile applications of FAIR PLACE in the European Economic Area.

The FAIR PLACE platform is accessible to persons over the age of 18.

The information that we collect:

You may be prompted to provide us with information at different times. In particular, this is information that can identify you: your first name and last name, your phone number, your date of birth, your nationality and your postal and/or electronic addresses.

The information collected for the payment of bookings is performed by the company STRIPE.

In the framework of the payment of the bookings made by the Traveller a certain amount of banking information is solicited.

This information is under the care of the company STRIPE.

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

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

FAIR PLACE does not collect any banking or financial data.

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Use of the FAIR PLACE Platform cannot currently take place through social media; therefore no privacy policy in connection with social media is presented.

The handling of your personal information by our company:

Information that can identify you, entered by you for the use of the FAIR PLACE Platform is collected, processed, stored and used by the members of our team.

Currently our partners who may have access to your personal data are:

- the STRIPE Internet site whose duty is to carry out the payment of the services you have requested;

- the TOKIDEV company, our hosting provider, which can also intervene to ensure the security of our Platform and check compliance with the terms and conditions of use.

Our hosting provider will have access to your personal information to the extent necessary to carry out its duties, but it may not use this data for any other purpose.

Our teams can be led, among other things, to respond to your requests for information or provide tools and services on the site.

At no time does the company FAIR PLACE sell or give away your personal data (with the exception of its partners mentioned above for the performance of the requested services).

By supplying your personal information on our Platform, you accept its collection, transfer, storage and/or processing as defined by these conditions.

When you communicate with travellers or owners through the intermediary of our platform, the various exchanges will be accessible by our team and are covered by this policy on data processing.

Some of the information entered by you, such as comments, are public and can be read by any person who accesses our Platform.

Do not enter any information that you wish to keep confidential.

FAIR PLACE cannot be held responsible for information disclosed by you and used by third parties.


Use of your personal data:


The main objective of the use of your personal data is to provide you with service delivery that best responds to your expectations.

Your personal information is used to:

- perform the services offered on the Internet site in relation to your request (rental or lease, Concierge service),

- reassure us as to the accuracy of your identity,

- put owners and travellers in contact with one another,

- keep in touch with you in the context of the services requested, a complaint submitted by a user that concerns you or the update of our systems,

- improve the services and our platform,

- provide information and statistics in order to improve the experience of Travellers and the visibility of Owner advertisements,

- detect and prevent any illegal activity that is not in compliance with the general conditions of use of our platform.

Your personal information may also be disclosed to third parties to enforce our policies, and to defend and protect the rights of users, owners and travellers, or to ensure respect for property ownership and the security of the platform. The information may also be disclosed to third parties in the interests of national security or for the purposes of upholding the Law.

Your personal information may also be used in the context of a dispute that arises from the use of our platform, the rental of a villa, a dispute with an owner or a traveller and for the purposes of protecting our rights and interests.

Finally, we should inform you that your personal information may also be made known to third parties under the following circumstances:

- publication by you of a presentation film of the villa or that presents you in your capacity as traveller or owner,

- when you leave a comment on our platform,

- when you submit a request for information or for rental to an owner,

- when you call upon the concierge services of the platform; in this case your personal information such as your name, first name, your nationality, your date of birth and your address may be disclosed to our partners for the performance of their duties,

- to any national authority and in particular the competent tax services that are authorised to collect taxes of any nature.

In the case of the sale of our company your information and personal data will be transmitted along with all of the transferred assets.

Potential buyers will be able to take knowledge of this data and information within the framework of the sale.

The buyers shall remain subject to this privacy policy.

If the assets of the company are sold separately, our data base will be the subject of an independent sale.

In the framework of negotiations with potential advertisers or investors, some information may be disclosed to allow for better efficiency of the proposed advertising services.

Protection of your personal data:

We make every effort to best secure your personal information; however, we cannot cover all eventualities, and the world of the Internet is not secure.

Some people may illegally intercept your data even when we have implemented all means to protect it.

It is important that you are aware that we cannot foresee such attacks in advance.

FAIR PLACE cannot be held responsible for the acts of such ill-intentioned individuals.

To best ensure the safety of your account, it is up to each User to close their session after use, to not divulge their password or any access information to anyone unless absolutely necessary, to use a password that is different to those commonly used and in general to take every action to ensure a secure connection.

International transfer of data

No international transfer of your data is performed by FAIR PLACE.

Cookies:

FAIR PLACE does not use COOKIES.

Survey:

To improve the quality of the services on offer, FAIR PLACE may ask you to take part in a survey.

We can use these surveys to obtain information about our users. Form time to time, we ask our users for their comments in order to evaluate the eventual features and services. The decision to respond to a survey is entirely up to you. We use the information obtained through surveys to improve our services.

The information gathered in the framework of a survey is stored in our care only for the time required for the purposes of the survey.

Telephone calls:


Telephone calls placed to the company FAIR PLACE are not recorded.

Such recordings are also governed by this Privacy Policy and we store this information in the same manner as we store the other data.

External links:

The FAIR PLACE platform does not provide any links to other internet sites.

If you notice the presence of a link directing you towards other internet sites, please let us know by sending an email to the following address:

contact@fairplace.com

If one part of the Site directs you towards other Internet sites, they are not subject to this Privacy Policy. We recommend that you study the privacy statements published on these other sites to understand their procedures for collecting, using and divulging personal information.

Updating your personal information:

You have the possibility to change or update your personal information directly through your account, accessible on the FAIR PLACE platform, by sending a letter to our headquarters (address above) or by email.

For all of these requests and those concerning the use, management, processing and storage of your personal data, please send an e-mail to:

Jérôme DARMON

Data Protection Officer

jerome@fairplace.fr

Or send a letter to our headquarters (address above).

A two-sided copy of an official form of identification will need to be attached to any request to change your personal data. It is paramount that we can check your identity before processing any request.


For any other information please refer to our general terms and conditions of use. You can also contact our services directly.

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.