The 21 of September 2021
These General Conditions of Use set out the terms under which PB SAS provides the “STAY” section of the www.patrice-besse.com website, hereafter referred to as "the Service", and the conditions of use of the Service by the Owner-Manager of the properties introduced. By offering your property to the PB SAS via the link "Propose your property", you agree to these General Conditions of Use, and you should read them carefully before doing so.
These General Conditions of Use may change from time to time. Please note that the applicable Terms of Use are those in force and accessible on the website www.patrice-besse.com.
1. definitions
Account
Any personal account which may be created by each Internet user for the purpose of registering the information necessary for using the Service.
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.
Property
Any property displayed on the online Service platform proposing stays.
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.
Service
The “STAY” section of the Website www.patrice-besse.com represented by PB SAS is comprised of an online platform and of various tools, services and functions which make it possible for the Owners-Managers of character properties (castles, mansions, apartments, townhouses, etc.) to optimize one or more properties in order to be put in touch with Users who wish to stay at the said properties.
User/Host
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.
Website
The interactive electronic service operated by the “STAY” section, accessible at the address www.patrice-besse.com/sejourner/, from which PB SAS allows access to its Service.
2. acces on the website and services provided
2.1 Description of the services provided
The Service provided by the STAY section on the Website is based on the facilitation offered to the Owner-Manager to be put in contact with a User/Host, by making available the following Services:
1. On the Website, the Owner-Manager proposes his property to PB SAS via the link "Propose your property". Following receipt of this proposal and after examining the information provided by the Owner-Manager, PB SAS is free to accept or refuse to display the property concerned, notifying the Owner-Manager of its decision.
2. All new admissions of properties to the Service will be decided at the complete discretion of PB SAS. Owner-Managers have no right to automatic admission to the Service.
3. In a general way, in case of agreement between the Owner-Manager and PB SAS, the Owner-Manager provides via his Personal Space, the information that must appear on the Service: texts and images relating to the property.
4. The Owner-Manager guarantees that the description of the property he/she has provided to PB SAS is accurate. For the duration of the display of the property on the Service platform, the Owner-Manager is responsible for the accuracy of the information he/she has provided and undertakes to inform PB SAS of any changes concerning the presentation of his/her property so that the information displayed on the platform can be updated.
5. The PB SAS reserves the right to modify the texts and photos provided by the Owner-Manager at any time.
6. The Service allows the User/Host to approach the Owner-Manager free of charge via an online contact form.
7. PB SAS will send the Owner-Manager the User/Host's requests for information and contact details by e-mail.
8. Any legally formalized reservation of a place to stay can only be contracted between the Owner-Manager and the User/Host. PB SAS does not offer any accommodation services in its own name or in the name of other persons.
9. Further communication - concerning especially the conditions for booking a holiday accommodation - will take place directly between the Owner-Manager and the User/Host.
2.2 Access to services
The Service is freely and exclusively accessible online on the Website.
2.3 Availability of services
The objective of PB SAS is to satisfy the requirements of the Owner-Manager as best as possible, seeking to put him/her in contact with the User/Host interested in his/her property, as quickly as possible.
PB SAS aims to ensure the continuity of the Service. However, due to the complexity of the hosting activity, PB SAS can only be held to an obligation of means under these General Conditions of Use.
To this end, PB SAS cannot be held responsible for impossibility or difficulty in accessing the Service, for the slowness of the connection or for any other computer problem caused by technical circumstances outside PB SAS’s control.
3. Fees
The charge for admission of a property on the Service platform is invoiced, from the first year of the publication of the property, in the form of an annual subscription for an amount of 300 € HT (three hundred euros excluding taxes). Property Owner-Managers are required to pay this annual fee.
The costs of putting the property proposed by the Owner-Manager online will be invoiced in addition at a rate of 200 € excluding tax (two hundred euros excluding tax) for the first publication.
These fees may include the services of the photographer of PB SAS, in the event that the presentation of the property of the Owner-Manager requires such a service.
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 PB SAS by credit card 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.
4. guarantees
4.1 Guarantee of PB LLC
PB SAS undertakes to put in contact with the Owner-Manager, any User/Host interested in an offer to stay in his property put online on the Website.
The Owner-Manager acknowledges the limits of the guarantee of the follow-up given by PB SAS, in particular with regard to the answers given by the User/Host, and the conclusion of a contractual relationship between a User/Host and the Owner-Manager. For this purpose, the Owner-Manager acknowledges that at no time does PB SAS intervene in the exchanges and transactions between the Owner-Manager and the User/Host, and even less so as a mediator between the two parties mentioned above.
PB SAS cannot guarantee the reasonable behavior of the User/Host during his stay in the Owner-Manager's property, so that the STAY section does not allow a selection of Users/Hosts. The Owner-Manager remains free to accept or not, a stay in his property by a User/Host, with whom he will have previously exchanged by any means of communication that seems relevant.
PB SAS is therefore not responsible for any damage resulting from relations of any kind between a User/Host and an Owner-Manager, and in particular for any financial losses suffered by the Owner-Manager as a result of a stay by a User/Host presented by PB SAS. In this case, the Owner-Manager can only seek the responsibility of the User/Host concerned.
PB SAS undertakes to notify the Owner-Manager at least one month in advance of any changes to the present General Conditions of Use when he logs on to his Personal Space, and will give him the opportunity to consult the revised version before continuing to use the Service. The use of his Personal Space by the Owner-Manager after consulting the modifications of the present General Conditions of Use implies automatically his acceptance of the new conditions, rules or instructions.
4.2 Guarantee of the owner-manager
The Owner-Manager identifying himself on his Personal Space to provide information to PB SAS for publication on the Service platform, undertakes to be the legal owner of the property or his legal representative.
The Owner-Manager guarantees to be able to offer the User/Host a peaceful stay, and not to hinder the latter's right to privacy, in accordance with the relevant legislation.
The Owner-Manager having full access to the Service through his Personal Space, guarantees and undertakes to:
- Not to make any use of the Service and the information provided therein that contravenes the regulations in force, in good faith, in accordance with the terms of these General Conditions of Use, and more generally that would harm the interests, reputation or image of PB SAS;
- Not to use any device that could affect the proper functioning of the Website and/or the Service of PB SAS;
- Not to market directly or indirectly the Service and/or access to the Service, and/or access to the Website;
- Not to re-exploit the Website for commercial, collective or personal purposes in a format not authorized by PB SAS;
- Not to represent and/or reproduce all or part of the Website for private purposes, apart from legal exceptions under the Intellectual Property Code and common law, or with a view to direct or indirect marketing to third parties;
- Not to contravene the provisions of articles 323-1 to 323-7 of the French Penal Code, which punish so-called "hacking" practices.
The Owner-Manager acknowledges that any failure on his part to comply with any of the obligations listed above, and without this list being exhaustive, will result in a unilateral refusal, without prior notification from PB SAS, of access to all or part of the Internet Site and his Personal Space.
5. major force
The Owner-Manager agrees that PB SAS shall not be held liable for any failure to perform the obligations of these General Terms and Conditions of Use, when such failure is caused by circumstances beyond the reasonable control of PB SAS, in accordance with Article 1218 of the French Civil Code, including, but not limited to, strikes, blockades, fires, floods, natural disasters, wars, armed conflicts, terrorist attacks, malfunction or interruption of the telecommunications network or the electrical network.
6. claims - assistance
For any questions or complaints related to the Service, the Owner-Manager is invited to refer it to the "Contact Us" section accessible from the Website.
7. liability
The information published on the STAY section is the result of information received from the current Owner-Manager of the property and that he has provided to PB SAS via his Personal Space. It is not intended to be exhaustive or strictly accurate. As such, they do not engage the responsibility of PB SAS.
PB SAS reserves the right, at any time and for any reason whatsoever, to suspend or interrupt, temporarily or permanently, all or part of the Service without prior notice to the Owner-Manager and without being held responsible for the consequences of these suspensions or interruptions.
PB SAS also declines all responsibility for malfunctions, of any nature whatsoever, related to the Owner-Manager's computer equipment and Internet connection when accessing the Website.
If there are differences between the French version of these General Terms of Use and a version in another language, the French version shall prevail.
8. intellectual property
The Owner-Manager ensures that all documents provided to PB SAS for the presentation of his property on the Service platform (images, texts, videos...) are free of rights or that he has obtained permission to use them. PB SAS is not responsible for carrying out legal checks on these documents. The Owner-Manager also ensures that these documents are appropriate for the use that will be made of them on the platform.
The Owner-Manager undertakes to bear all losses incurred by PB SAS as a result of any proceedings that may be instituted by a third party following the Owner-Manager's failure to comply with the obligations described above, in particular to bear the cost of examining the charges and, if necessary, defending them.
The Owner-Manager gives PB SAS non-exclusive and international authorization to use the information and documents provided for display on the Service platform and on all its institutional or operational communication media (newsletter, social networks, press, brochure, flyers, etc.). This authorization will remain in effect as long as the Owner-Manager has not expressed the wish to no longer have his property displayed on these media.
The Owner-Manager acknowledges that when the presentation of his/her property requires the services of a PB SAS photographer, the latter holds the intellectual property rights to the photographs of the property, which are then published on the Website. PB SAS therefore reserves the exclusive right to use or represent the photographs taken by its photographer.
The website, its overall structure and the texts, pictures, logotypes, drawings, graphics, and other items included on the website are the property of PB SAS. 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.
9. personal data
9.1 Individual related data
As part of the provision of the Service to the Owner-Manager, PB SAS processes the personal data of the Owner-Manager for the purposes of providing, managing and invoicing the Service.
The data of the Owner-Manager is also used to follow up the relationship with the guest who has made a request or asked a question about the property concerned.
The terms and conditions of this processing and the rights of the Owner-Manager regarding this processing are detailed in the Personal Data Protection Charter.
The use of the Service requires the creation of an account on the Website. The terms and conditions of data processing resulting from the creation of this account and the rights of the Owner-Manager regarding this processing are detailed in the Personal Data Protection Charter.
9.2 Newsletter
Unless the Owner-Manager objects, PB SAS may use the Owner-Manager's data to send him/her the "Stay" newsletter by e-mail.
When the Owner-Manager consents, PB SAS may also use his data to send him the "Acquire" newsletter by e-mail.
The terms and conditions relating to this processing and the rights that the Owner-Manager has with regard to his data are detailed in the Personal Data Protection Charter.
9.3 Advertising of certain data
The service " Stay " implies the publication on the website of the company PB SAS of data relative to the real estate of the Owner-Manager. Some of these data can be considered as personal data. If necessary, the Owner-Manager understands and accepts that this data will be accessible to the public.
10. termination
PB SAS reserves the right to stop providing the Owner-Manager, without any reimbursement of the current annual subscription, with the Service that is the subject of these General Conditions of Use, if it considers that the Owner-Manager is infringing the letter or spirit of these General Conditions of Use.
11. confidentiality
The Owner-Manager and PB SAS mutually undertake to maintain the confidentiality of all information exchanged, and in particular to prevent it from being communicated to persons not expressly authorized to receive it, unless otherwise required by law, or unless each party is required to transmit such information to its legal representatives and financial advisors.
12. amendments / developments / updates
PB SAS undertakes to notify the Owner-Manager at least one month in advance of any changes to these General Terms and Conditions of Use when he/she connects to his/her Personal Space and will give him/her the opportunity to consult the revised version before continuing to use the Service.
The use of his Personal Space by the Owner-Manager after consulting the modifications of the present General Terms and Conditions of Use automatically implies his acceptance of the new conditions, rules or instructions.
13. litigation and governing law
These Terms of Use are governed by French law. Before either party initiates legal action, and if the parties agree, each party will attempt to settle the dispute through mediation conducted in accordance with the mediation procedure provided by the Paris Mediation and Arbitration Center (39 avenue F.D. Roosevelt - 75008 Paris) with a mediator registered with the Paris Mediation and Arbitration Center and acceptable to each party. If the dispute is not settled by mediation, it will be decided exclusively by the French courts.
These terms of use apply only to the Owners-Managers of places to stay operating on the platform. For Users/Hosts, specific terms of use apply.
Please note that this document is available in two versions, one in French and one in English. In case of difficulty of interpretation, only the French version is valid.
