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 User/Host of the properties introduced. By sending a reservation request on our Website, through the "Your Stay Project" form, you accept the present General Conditions of Use, so you must read them carefully beforehand.
Any personal account which may be created by each Internet user for the purpose of registering the information necessary for using the Service.
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.
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.
The “STAY” section of the site www.patrice-besse.com represented by PB SAS presents an online platform as well as various tools, services and functions that allow Users/Hosts to select properties of character (castles, mansions, apartments, town houses, etc.) belonging to Owner-Managers, in order to carry out their personal stay project.
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.
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 facilitating the User's/host's search for a property to rent, by offering him/her the following services free of charge:
1. Access to rental offers for properties with character, with/without the creation of a Personal Space through which the User/Host will have previously selected personalized criteria.
2. The User/Host will also have the possibility to save his favorite places to stay for future access, and to save his contact information to communicate to the Owner-Managers a request for contact and/or reservation.
The creation of a Personal Space by the User/host implies that he/she has a unique identifier and a strictly personal password, which he/she undertakes not to disclose to third parties.
Any connection to the Personal Space with his unique identifier and password is automatically deemed to have been made by the User. Furthermore, access to the Service with the unique identifier and password is the sole responsibility of the User.
Consequently, in the event of loss, theft or any fraudulent act linked to the User's unique identifier and password, the User must inform PB SAS, which will send the User a new identifier and password, and the User must prove his identity by any means.
All the information contained in the User's/Host's Personal Space is voluntarily provided by the User/Host.
3. A service of search, visualization of locations to stay.
4. A service of contact with the Owner-Managers, free of charge, via an online contact form.
5. The PB SAS conveys by e-mail to the Owner-Manager the information requests of the User/Host as well as his contact details.
6. PB SAS does not offer any stay services in its own name or in the name of other persons.
7. PB SAS has no control over the answer given by the Owner-Manager.
8. Any legally formalized reservation of a place to stay can only be contracted between the Owner-Manager and the User/Host.
9. Other communications - in particular concerning the conditions of reservation of a place to stay - shall 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 aim of PB SAS is to satisfy the requirements of the User/Host as best as possible, seeking to put him/her in contact with the Owner-Manager of the property in which he/she is interested, in the shortest possible time.
PB SAS reserves the right to modify, interrupt, extend, limit or delete, temporarily or permanently, the Service, without prior notice to the User/Host, and without the right to compensation. The Personal Space of the User/Host is therefore not guaranteed against possible interruptions of the Service.
The aim of PB SAS is 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.
3.1 Guarantee of PB SAS
PB SAS undertakes to provide the User/Host with access to its Service via its Website, in order to assist him/her in his/her search for a stay in a property with character that meets his/her particular needs.
The User/Host recognizes the limits of the guarantee of the follow-ups given by PB SAS, in particular with regard to:
- The answers given by the Owner-Manager;
- The places of stay that he/she wishes to consult on the Website;
- The specific needs of the User/Host.
PB SAS cannot guarantee the reliability and/or relevance of the information provided by the Owner-Managers, as this information is not verified by PB SAS.
PB SAS cannot be held responsible for the absence of any form of security measures within the properties presented on its Website. In this respect, the responsibility of PB SAS is notably declined in the event of non-compliance with the safety measures for private swimming pools for family use.
PB SAS undertakes to provide the means at its disposal to put the User/Host in contact with the Owner-Manager of the property in which the User/Host is interested.
PB SAS does not guarantee the conclusion of a contractual relationship between the User/Host and the User/Host. To this end, the User/Host acknowledges that at no time does PB SAS intervene in the exchanges and transactions between the User/Host and the Owner-Manager, and even less so as a mediator between the two parties mentioned above.
3.2 Guarantee of the user/host
The User/Host having full access to the Service on the Website, guarantees and agrees to:
- Refrain from using the Service and the information provided therein in contravention of the regulations in force, in good faith, in accordance with the terms of these General Conditions of Use, and more generally which would harm the interests, reputation or image of the PB SAS;
- Not to use the Service for profit;
- 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 User/Host acknowledges that any breach of any of the obligations listed above, without this list being exhaustive, will result in unilateral refusal, without prior notification from PB SAS, of access to all or part of the Website and its Personal Space.
4. major force
The User/Host 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.
5. claims - assistance
For any questions or complaints related to the Service, the User/Host is invited to refer it to the "Contact Us" section accessible from the Website.
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. Therefore, 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 User/Host and without being held responsible for the consequences of these suspensions or interruptions.
PB SAS is not responsible for any damage resulting from the relationship of any kind between a User/Host and an Owner-Manager, and in particular for any financial loss suffered by the User/Host staying in a property presented by PB SAS. In this case, the User/Host will only be able to seek responsibility from the Owner-Manager concerned.
PB SAS also declines all responsibility for malfunctions, of any nature whatsoever, related to the User/Host’s computer equipment and Internet connection when accessing the Website.
7. intellectual property
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.
8. personal data
8.1 Provision of the service
In the context of providing the Service to the User/Host, PB SAS. processes the personal data of the User/Host for the purpose of providing, supplying and managing the Service.
The data of the User/Host is also used to follow up the contact with the owner of the property concerned.
The terms of this processing and the rights of the User/Host regarding this processing are detailed in the Personal Data Protection Charter.
By making the Service available to the User/Host and providing it to him/her, PB SAS is providing a service within the meaning of article L 34-5 of the French Post and Electronic Communications Code. In application of this article and unless the User/Host objects, PB SAS can use the data of the User/Host in order to send him/her the newsletter "STAY" by electronic means.
If the User/Host consents, PB SAS can also use his or her details to send him or her the electronic newsletter "Acquire".
The details of this processing and the rights that the User/Host has with regard to his data are detailed in the Personal Data Protection Charter.
PB SAS reserves the right to stop providing the User/Host, 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 User/Host is infringing the letter or spirit of these General Conditions of Use.
The User/Host 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 User/Host 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 User/Host 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
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.