Terms of Use

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Use of the marketplace (hereinafter the "General Terms") apply, without restriction or reservation, to all Users (hereinafter the "Users") of the "LivretAccueil" marketplace (hereinafter the "Marketplace") accessible from the website livretaccueil.com.

These General Terms constitute, in accordance with Article L. 441-1 of the French Commercial Code, the sole basis of the commercial relationship between the parties, with the exception of the General Terms of Use of the website also accessible on livretaccueil.com.

Their purpose is to define the conditions under which the Marketplace connects its Users, as defined below.

They apply from the moment the User, whatever their nature as defined below, accesses the Marketplace and the website.

Each User acknowledges having the legal capacity required to contract and acquire the products and services offered. They also declare to be the sole owner of the goods sold on the platform. In case of dispute over the ownership of the goods sold, the User will be held solely responsible for any potential claims.

These General Terms are available at any time on the website livretaccueil.com and will prevail, where applicable, over any other version or any contradictory document, with the exception of the General Terms of Use of the website.

These General Terms may be subject to subsequent modifications. The new version will automatically apply from the moment it is made available to users, without retroactive effect.

In accordance with current regulations, the Marketplace reserves the right to derogate from certain clauses of these General Terms, depending on negotiations conducted with the parties, by establishing Special Conditions.

ARTICLE 2 - MARKETPLACE DESIGNATION

Will be added soon

ARTICLE 3 - PRESENTATION OF PARTIES AND CONTRACTUAL RELATIONSHIP

3.1. Presentation of parties

The Marketplace provides Users with an interface, accessible via the website livretaccueil.com, whose purpose is to connect:

• a property owner of one or more properties (hereinafter the "Owner"), a professional, who puts the property(ies) for rent directly, without the assistance of intermediaries such as concierge services,
• a tenant, who wishes to rent a property (hereinafter the "Tenant") from an owner directly or from a concierge service,
• a concierge service, professional property manager on behalf of owners (hereinafter the "Manager"), offering various services enabling the rental of the property belonging to the Owner. The Manager is also the intermediary for sales of objects present in the apartment, as stated below.

The Owner, Tenant and Manager are the Users of the Marketplace.

However, the Marketplace is in direct relationship only with the Manager, professional User.

Contractual relationships between the Tenant, Owner and Manager are governed between them and outside of these terms.

3.2. Contractual relationship - Marketplace operation

The Marketplace operates as follows:

• The Owner or Manager can list their property for rent on the Marketplace website to sell goods located in the property to tenants, and offer services related to that same property
• The Tenant can access the web page linked to the property they have rented, via a QR Code and a link specific to each property, directly accessible on the website;
• This URL and QR Code will be sent to each Tenant before their stay in the property so they can choose to purchase objects or benefit from the services they wish.

From the Marketplace, when they have accessed the link specific to the rented property, the Tenant can benefit from the following services and information:

• "Useful information for the rental": wifi code, waste disposal procedures, instructions on using switches...
• "Owner's recommendations": nearby restaurants and outings, tourist visits and discoveries, weekly events, concerts, local markets, local festivals...
• "Your extras: Services and sales":
  • "Service": cleaning services, beach kit with towels, parasol and beach games, airport pick-up, fishing rod rental, champagne in the refrigerator... Each property offers its own services, and any other service in compliance with French legislation and regulations,
  • "Sales": possibility for the Tenant to acquire certain objects present in the property, the list of which appears in the section: dishes, paintings, appliances, decoration, antiques, clothing... and any other object, consumable or not, in compliance with French legislation and regulations,

ARTICLE 4 - OWNER ACCOUNT CREATION AND OPERATION

The website livretaccueil.com constitutes the entry point for Property Owners or Managers.

By accessing the site, each Owner or Manager has access to a detailed description of the many advantages related to using the services offered by "LivretAccueil".

The Owner or Manager has access to the offers proposed by the Marketplace.

The Owner or Manager can choose the language.

The Owner or Manager must create their "Owner Account" through the interface. They must provide their name, first name, address, phone number, email address.

They will then create their password.

A confirmation email for account creation will then be sent to them.

When the Owner or Manager has finalized the account creation, they can access it via the "Owner Account" section by entering their email address, secret code, and SIREN number.

Regarding their banking data, as stated in the General Terms of Use of the website accessible via the Marketplace site, they are directly collected by the "STRIPE" provider. The Marketplace therefore does not directly collect or store any banking data.

Through their "Owner Account", the Owner or Manager puts online the properties they offer for rent, indicating the address of each. Each property has a name given by the Owner or Manager (for example "Les Portes du Soleil").

The Owner or Manager also provides information about the services and products offered in connection with the property.

Each product must include a photograph, description and price. The Marketplace may provide information on recommended rates, for information purposes only.

Each service or product sold must include a description and price. A timeline must also be provided. For example:

• for services relating to consumable and perishable goods, the Owner or Manager must provide a delivery date and expiration date;
• for cleaning services, in connection with the Manager, the intervention must be scheduled far enough in advance for the Tenant to organize. The Marketplace will communicate indicative deadlines to the Tenant, which do not commit the Marketplace but the Owner or Manager,

ARTICLE 5 - ORDERS, SERVICES, LIABILITY

5.1. Order and service process

The Tenant places orders directly through the Marketplace, for the purpose of renting a property, acquiring an object in the property or benefiting from a service, via the "Orders" section.

The Tenant must therefore select each item they intend to purchase or each service they intend to benefit from, in order to add it to their cart.

When the Tenant has selected all the objects and services they intend to acquire, they must confirm the cart contents and place the order.

At this stage, they will be redirected to a page summarizing the details of the objects and services they have selected, their price, and delivery options (with associated delivery costs).

As stated below, the entire ordering process, price setting, delivery, and after-sales service are set by the Owner or Manager, and have been agreed with the Tenant, without any intervention from the Marketplace.

The Customer has the opportunity to check the details of their order, its total price and correct any errors before confirming acceptance.

It is their responsibility to verify the accuracy of the order and immediately report or correct any errors.

When the order is validated, the property Manager is immediately informed and an invoice will be issued.

The entire ordering process takes place between the Owner, Tenant and Manager.

5.2. Order modification and cancellation

The Marketplace is in no way a party to the implementation of the service, whatever it may be, rental or sale, between the Owner, Manager and Tenant. Any modification or cancellation of the order or rental will be handled between the Owner, Manager and Tenant, with no recourse against the Marketplace.

In case of dispute relating to the rental or sale of an object, LivretAccueil will block the payment process by notifying the "STRIPE" provider, until the complainant provides written proof that a solution to the dispute has been found.

5.3. Liability

Under no circumstances may the Marketplace be held liable, and without this list being considered exhaustive, for difficulties or disputes related to:

• placing the order,
• delivery of the purchased item,
• the performance of the service provided,
• transfer of ownership and transfer of risks,
• conformity or hidden defects that may affect the good or service provided,
• payment difficulties inherent to the order,
• after-sales service,
• accidents, damages, prejudices or any difficulties caused by the services,

The sole purpose of the Marketplace is to connect the Owner, Tenant and Manager, and it cannot in any way be held responsible for difficulties specific to the contractual relationships of sale, rental and services that unite them.

Under no circumstances can the Marketplace be considered as the seller, lessor or service provider.

In no way is the Marketplace required to take out insurance inherent to the goods sold or services provided.

The Owner or Manager alone shall be responsible for:

• the essential characteristics and ownership of the goods sold or services provided,
• the price of goods or services or, in the absence of payment of a price, any advantage provided in lieu of or in addition to it and the nature of this advantage,
• payment, delivery and contract execution methods,
• in the absence of immediate execution of the sale, service provision or rental, the delivery times for goods sold, property rentals or services provided,
• the existence and terms of implementation of guarantees (legal guarantee of conformity, guarantee against hidden defects, any commercial guarantees) and where applicable, after-sales service,
• the possibility of using a consumer mediator, in the case of a consumer,
• accepted payment methods,

The Marketplace is in no way required to control the Tenant's activities and the use made of the property. This obligation falls to the Owner or Manager. Thus, the Marketplace can never be held responsible for illegal or unlawful activities that would be set up or carried out by the Tenant. In no way does the Marketplace have knowledge of the Tenant's activities. Therefore, no one can take action against the Marketplace due to the illegal or unlawful activities of their tenant, nor seek compensation for any damage, whether it be the Owner, Manager, or third parties.

It is recalled that the consumer Tenant, within the meaning of the Consumer Code, benefits from the legal withdrawal period of fourteen (14) days, which begins the day after receipt of the good or conclusion of the contract for services. Costs arising from the return of the product or termination of the contract are borne by the Tenant. This withdrawal period does not apply to products manufactured according to the Customer's specifications.

Insofar as the sale, rental or service contract binds only the Owner, Manager and Tenant, the Marketplace, which is not a party to the sale, rental or service process, is not concerned by said withdrawal period and is not liable for any obligation in this regard.

ARTICLE 6 - PRICING

On each sale of objects and services made through the "Your extras, services and sales" section, the Marketplace will receive the following cumulative remuneration:

• 7% of the HT sale price deducted from the Owner and/or Manager, on each object sold or services provided by the Owner or Manager to the Tenant
• 8% of the HT price invoiced on the price displayed on the Owner's or Manager's site, for each object sold or services provided by the Owner or Manager to the Tenant

This remuneration will be paid to the Marketplace for each transaction.

All payments between the Owner, Manager and Tenant are made through the "STRIPE" payment infrastructure.

The Marketplace does not collect any banking data relating to Users. Under no circumstances can the Marketplace be held responsible for difficulties, hacking, usurpation and other issues related to payment.

In case of dispute, whatever its nature, arising from the payment of goods sold or services provided by the Owner or Manager, the Tenant cannot in any way hold the Marketplace liable. They must contact the payment infrastructure.

ARTICLE 7 - INTELLECTUAL PROPERTY

The Marketplace remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., to which the Owner, Tenant and Concierge have access on its website.

The Owner, Tenant and Concierge therefore refrain from any reproduction or exploitation of said photographs, presentations, studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Marketplace, which may make it conditional on financial consideration.

Violation of these rules will expose them to legal action.

ARTICLE 8 - UNFORESEEN CIRCUMSTANCES

In case of unforeseeable change of circumstances at the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not accepted to assume a risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.

ARTICLE 9 - APPLICABLE LANGUAGE AND LAW

These General Terms and the operations arising from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in case of dispute.

ARTICLE 10 - DISPUTES

In case of dispute arising from the application of these General Terms, the General Terms of Use of the website, or the relationship between the

Marketplace and Users, or with third parties, referral to the courts must be preceded by an attempt at amicable settlement of the dispute.

This may be an attempt at mediation, conciliation, or any agreement that may result in a settlement.

If it is a consumer, they may have recourse to a consumer mediator.

Any legal action that would be brought without this prior attempt at amicable settlement of the conflict would be met with an inadmissibility objection, and would automatically be declared inadmissible.

The parties must justify this attempt at amicable settlement and explain the reasons for its failure.