General terms and conditions of use

The purpose of these General Terms and Conditions of Use is to define how the “Stay” section of the website www.patrice-besse.com is made available (hereafter the “Service”) and the terms and conditions of use of the Service by the Owner-Manager of the submitted properties.

Definitions 

Service :
The “Stay” section of the website www.patrice-besse.com represented by SARL P.B. is comprised of an online platform and of various tools, services and functions which make it possible for the Owners-Managers of character properties to optimize one or more properties in order to be put in touch with Users who wish to stay at the said properties.
Owner-Manager :
Any individual or body corporate who owns and/or manages properties displayed on the platform of the Service proposing stays on those premises.

User :
Any persons surfing the Service platform, who may have or not created a Personal Space on the website www.patrice-besse.com, in order to identify a stay.
Account :
Any personal account which may be created by each Internet user for the purpose of registering the information necessary for using the Service.
Personal Space :
Space secured by an identifier and a password via which, by using his/her account, the User can:
- Enter data on the property he/she wishes to display on the Service platform,
- Compile his/her activity report,
- Update his/her availability schedule.

Property :
Any property displayed on the online Service platform proposing stays.

Access to the platform and services provided

1. On the website www.patrice-besse.com, the Owner-Manager offers his/her property to SARL P.B. via the link “Offer your property”. After receiving the offer and reviewing the data provided by the Owner-Manager, SARL P.B. decides whether to accept or refuse the property and informs the Owner-Manager of its decision.
2. The admission of new properties on the Service is decided at the discretion of SARL P.B. The Owners-Managers are not automatically admitted to the Service.
3. Where a property is accepted by SARL P.B., the Owner-Manager must provide, via his/her Personal Space, the data which must be displayed on the Service: texts and pictures pertaining to the property.
4. The Owner-Manager warrants that the description of the property he/she has provided SARL P.B. with is true and sincere and reflects reality. Throughout the period during which the property is displayed on the Service platform, the Owner-Manager shall be liable for the displayed data and agrees to inform SARL P.B. of any change in the presentation of his/her property in order that all the data displayed on the platform may be updated.
5. SARL P.B. reserves the right to amend at any time the texts and pictures furnished by the Owner-Manager.
6. The Service gives the User the opportunity to contact the Owner-Manager free of charge via an online contact form.
7. SARL P.B. forwards the User’s queries and details to the Owner-Manager by email.
8. Any legally formalized booking of a stay is the subject matter of a contract between the Owner-Manager and the User alone. SARL P.B does not offer any stay service in its own name or on behalf of others.
9. Other communications –in particular regarding the terms and conditions of booking for a stay- shall take place directly between the Owner-Manager and the User.

Fees 

The charge for admission of a property on to the Service platform takes the form of a yearly subscription costing €300 excluding VAT (three hundred euros excluding VAT). Property Owner-Managers are required to pay this annual fee.
The 12-month subscription period begins as soon as the property of a Property Owner-Manager is posted on the Service platform. An invoice is then sent by email to the Property Owner-Manager. Payment of this invoice is due within 14 calendar days of its receipt.
All fees are to be paid to SARL P.B. by credit card, Paypal or bank transfer. Cheques are not accepted.
Subscriptions are automatically renewed for one year unless terminated in writing by one of the parties at least one month prior to the current subscription end date.
By email: sejourner@patrice-besse.com
By post: PB Patrice Besse, 7 rue Chomel 75007 Paris.

Intellectual Property 

The Owner-Manager shall make sure that all documents furnished to SARL P.B. for displaying the property on the Service platform (pictures, texts, videos, …) are free of any rights or that he/she has secured clearance to use them.

The Owner-Manager agrees to take responsibility for all of the losses sustained by SARL P.B. as a result of proceedings which may be initiated by a third party for the Owner-Manager’s failure to fulfill the aforementioned obligations, and in particular to bear the expense for reviewing the charges and, if necessary, defense costs.

The Owner-Manager gives SARL P.B. the authorization on a non-exclusive basis and throughout the world to use the data and documents furnished to be displayed on the Service platform and on any of its institutional or operational communications media (newsletter, magazine, brochure, flyers, etc.). He/she also gives SARL P.B. the authorization to affix its logotype onto the pictures he/she will have furnished. Such authorization will last till the Owner-Manager expresses his/her desire not to have his/her property displayed any longer on the above media.

The website, its overall structure and the texts, pictures, logotypes, drawings, graphics and other items included on the website are the property of SARL P.B.. The reproduction of all or part of the website by any means without the express authorization of the website is strictly forbidden and shall constitute an infringement as punished by Sections L.335-2 et seq of the French Intellectual Property Code. The marks of the website operator and its partners, and the logotypes displayed on the website are registered marks. The reproduction of all or part of such marks or logotypes from elements of the website without the express authorization of the website operator or its assign is therefore prohibited within the meaning of Section L713-2 of the French Intellectual Property Code.

Personal Data

1. Personal information

Pursuant to the Act No. 78-17 of January 6, 1978 on the protection of personal data, you have a right of opposition to (Article 56 of the Act), access to (Article 39 of the Act) and rectification of (Article 40) data pertaining to you. You can therefore contact us in order to rectify, complete, update or remove any information pertaining to you which is inaccurate, incomplete, ambiguous, obsolete or the collection, use, communication or preservation of which is prohibited. The information which pertains to you is solely intended for SARL P.B..We shall not disclose such information to third parties (commercial partners, etc). However, it must be reminded that the secrecy of correspondence is not guaranteed on the Internet and that it is the responsibility of each Internet user to take any appropriate action to protect his/her own data and/or software.

2. In pursuance of the Act No.78-17 of January 6, 1978on the protection of personal data, the automated processing of personal data from this website has been the subject matter of a declaration to CNIL (French Data Protection Authority) under No. 1252611.

Termination 

SARL P.B. reserves the right to stop providing the Owner-Manager with the Service referred to in these General Terms and Conditions of Use where it considers that the Owner-Manager has violated the letter or spirit hereof.

Amendments, Developments, Updates 

1. SARL P.B. shall notify the Owner-Manager of any amendment hereto when the Owner-Manager logs in to his/her Personal Space and will give him/her the opportunity to view the updated version before continuing to use the Service.
2. If the Owner-Manager uses his/her Personal Space after viewing the amendments to these General Terms and Conditions of Use, he/she shall be deemed to have accepted the new terms, rules or instructions ex oficio.

Liability, Indemnification, Governing law

1. The Owner-Manager who identifies himself/herself on his/her Personal Space to give information to SARL P.B. for the purpose of displaying them on the Service platform warrants and represents that he/she is the legal owner of the property or the owner’s legal representative.
2. The information displayed in the “Stay” section is derived from the information received from the owner-manager of the property and furnished to SARL P.B. via his/her Personal Space. It is not necessarily exhaustive or strictly accurate. Consequently, SARL P.B. cannot be held liable therefor.
3. SARL P.B. reserves the right, at any time and for any reason, to interrupt or suspend either provisionally or permanently, all or part of the Service without any prior notice to the Owner-Manager and without being held liable for the consequences of such suspension or interruption.
4. SARL P.B. cannot be held liable for damages, if any, resulting from any kind of relationship between a User and an Owner-Manager, including but not limited for financial losses, if any, sustained by the Owner-Manager as a result of the stay of a User presented by SARL P.B.. The Owner-Manager can only turn to the relevant User for any liability.
5. In the event of any controversy between the French version of these General Terms and Conditions of Use and any version in another language, the French version shall prevail.
6. These General Terms and Conditions of Use shall be performed and construed in accordance with the laws of France. In the event of any dispute between an Owner-Manager and SARL P.B. and failing any amicable settlement, the French courts shall have exclusive jurisdiction.

These terms and conditions of use only apply to the Owners-Managers of places of stay who are operational on the platform. Specific general terms and conditions of use are applicable to Users.

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