General Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE
1. WISKEYS
The website www.wiskeys.fr is designed and published by Wiskeys Conciergerie, whose registered office is located at 48 rue de la citoyenneté, Sainte Suzanne.
2. CONTRACTUAL DOCUMENTS
The contractual documents making up the Contract are:
- these General Terms and Conditions;
- the Special Terms and Conditions;
In the event of disagreement, ambiguity or contradiction between the terms of these various contractual documents, the terms of the Special Terms and Conditions shall prevail.
3. PURPOSE OF THE CONTRACT
The purpose of this contract is to define the terms and conditions under which the Parties intend to organize their collaboration for the Services described below.
4. DESCRIPTION OF THE SERVICES
The Services described below are provided for information purposes only and may be modified, in whole or in part, or cancelled after an email is sent to the Client.
The Special Terms and Conditions set out the specific characteristics of the Service(s) agreed between Wiskeys and the Host.
Wiskeys offers its assistance to Hosts in connection with the seasonal rentals that they carry out or intend to carry out through third-party Operators, in particular in:
- preparing and/or optimizing one or more rental Offers for an Accommodation with any Third-party Operator through the use of a dedicated email address created by Wiskeys
- communicating with Prospects and Guests on behalf of and in coordination with the Host
- organizing the Guests' stay (preparing a welcome booklet, check-in and check-out)
- providing services, directly or indirectly, related to the Accommodation (cleaning, laundry and minor repairs).
5. CONDITIONS REQUIRED FOR THE PROPER PERFORMANCE OF THE SERVICES
For the proper performance of its Services by Wiskeys, the Host hereby authorizes Wiskeys to create a customer account in the Host's name to enable communication with Prospects and Guests on behalf of and in coordination with the Host.
For this same purpose, the Host undertakes to ensure that the Accommodation is fully available and able to be rented to one or more Guests.
The Host also undertakes to provide Wiskeys, upon acceptance of these General Terms and Conditions, with 2 sets of keys to the Accommodation, i.e.:
- 1 set of keys for Wiskeys
- 1 set of keys for the Guest(s)
Once the Services have been carried out, or in the event of termination of the contract, Wiskeys will return to the Host the 2 sets of keys that were provided to it.
More specifically, regarding the performance of the cleaning and laundry services, the Host agrees that:
- the cleaning is carried out by Wiskeys directly or through an external professional service provider, at Wiskeys' sole discretion. In this regard, it is specified that Wiskeys (or its service provider) shall in no event be held liable for the unexpected removal of items, valuables, cash, negotiable instruments, documents or anything else that may be considered as intended to be thrown away
- Wiskeys (or its service provider) transports the linen outside the Accommodation for the purpose of cleaning and drying it.
6. INVENTORY OF FIXTURES AND CONTENTS
A complete inventory of fixtures of the Accommodation, as well as an inventory of the items and their working condition, will be carried out jointly by Wiskeys and the Host, as soon as the latter accepts these General Terms and Conditions.
7. SCOPE OF THE SERVICES
Wiskeys is bound by a best-efforts obligation in the performance of the Contract.
Wiskeys' sole role is to assist Hosts in connection with the Booking and temporary rental of their Accommodation in dealings with third-party Operators and with Prospects or Guests.
Consequently, Wiskeys may in no case be regarded as (or treated as) a manager of any kind, or a business providing booking and/or accommodation rental services - in the broad sense - between individuals.
In all cases, the Host remains the sole decision-maker and responsible for the choice of its Guests as well as the price, the duration and any recurrence of the rental of its Accommodation.
Wiskeys may in no case be held liable in the absence of a Booking and/or rental of the Accommodation, and shall in no way be responsible for the Guests ultimately chosen by the Host, nor for any damage and/or disappearance of any items, valuables, cash, negotiable instruments, documents or anything else occurring during a rental.
More generally, the Host remains solely responsible for the consequences of any contract it enters into with one or more Guests.
Wiskeys shall in no event be held liable for any damage, direct or indirect, resulting from the performance of the Contract and which is not shown to be attributable to Wiskeys.
8. REPRESENTATIONS OF THE PARTIES
Each Party also represents that it is able, both legally and operationally, to sign and perform these terms. In the case of jointly-owned Accommodation, the Host must provide proof of the agreement of the other co-owners.
More specifically, the Host represents that it has all rights necessary to offer an Accommodation for short-term rental.
The Host also represents that it fully complies with all requirements, regulations or legislation - legal, tax and/or insurance-related in particular - applicable to its situation (and in particular with regard to the obligations relating to short-term rentals).
The Host expressly undertakes to confirm with the insurer of its Accommodation that it has adequate insurance coverage to proceed with a seasonal rental.
In addition, the Host remains solely responsible for the maximum number of Guests it decides to accommodate within its Accommodation.
For its part, Wiskeys represents that, as of the date of signature of this Contract, it has all rights authorizing it to enter into this Contract.
9. OBLIGATIONS AND COOPERATION OF THE PARTIES
As part of the Services referred to herein, a joint approach must be established, and the ongoing exchange of information must help prevent the occurrence of incidents detrimental to the interests of both Parties.
The Parties thus undertake to cooperate to the best of their ability in order to allow the proper performance of their respective commitments under the Contract.
Wiskeys specifically undertakes to use all reasonable efforts, in terms of both human and material resources, in order to provide the most effective Services possible and, in particular, to respond as quickly as possible to a Host's requests.
The Host acknowledges that Wiskeys has provided it with all the information necessary for it to make any relevant decisions concerning the Services referred to herein.
The Host undertakes to provide Wiskeys with all the information necessary for the proper performance of these terms and to make itself reasonably and sufficiently available for this purpose.
The Host undertakes to cooperate actively and in good faith with Wiskeys, in particular by meeting the conditions set out in Article 5 hereof.
The Parties acknowledge that compliance with all of these commitments is essential for Wiskeys to fulfill its own obligations.
10. FINANCIAL TERMS
The commission: In consideration for the services and tasks carried out, Wiskeys will receive a fee amounting to 20% per booking + the cleaning fees payable by the guests.
Payment terms: You collect the full amounts through Airbnb & the other platforms, and we send you a service invoice at the end of the month. The owner undertakes to remit to Wiskeys the full cleaning fees as well as the 20%.
11. TERM OF THE CONTRACT
With the Host, this contract comes into effect on the day of the last signature hereof and will remain in force for a period of 1 YEAR. Unless terminated by the other Party by registered letter with acknowledgment of receipt or by e-mail with acknowledgment of receipt (for which the recipient of the e-mail agrees to provide a receipt/read acknowledgment or to acknowledge receipt by separate e-mail within 24 hours), sent no later than 8 days before the end of the contract, it will be tacitly renewed for new periods of 1 YEAR, renewable indefinitely. Bookings made during the term of the Wiskeys contract will remain valid despite termination.
12. TERMINATION
In the event of a contractual breach by either Party of an essential obligation under the Contract, not remedied within 30 days of the sending of a formal notice by e-mail with acknowledgment of receipt (for which the recipient of the e-mail agrees to provide a receipt/read acknowledgment or to acknowledge receipt by separate e-mail within 24 hours), or by registered letter with acknowledgment of receipt, specifying precisely the breach in question and indicating the intention to invoke this clause, the Contract may be terminated automatically by the other Party, without prejudice to any damages it may claim as a result of this breach.
The contract will remain in effect for ongoing situations, i.e. those that were the subject of one or more Service(s) before the termination of the contract took effect.
13. CONFIDENTIALITY
The Parties undertake, both during the term of this Contract and for 5 years after its expiration, regardless of the cause, to regard as strictly confidential and to treat as such, all information and documents, particularly technical, commercial and financial, exchanged between them, whatever their nature and medium (hereinafter the "Confidential Information").
The following are deemed non-confidential: information from each Party (i) known to the public before its disclosure to the other Party, (ii) disclosed to the public other than through an act or omission of the other Party; or (iii) communicated to the other Party by a third party not bound by a confidentiality obligation, and not in violation of an agreement with the first Party.
All information known to the public that is compiled in a form not known to the public is deemed confidential.
The Parties undertake not to copy or allow to be copied, in whole or in part, by anyone, the Confidential Information except as necessary for the purposes hereof.
Each Party undertakes not to disclose or allow to be disclosed to any third party, directly or through an intermediary, in whole or in part, the Confidential Information of the other Party of which it may have become aware, except to its employees or subcontractors who need the information to perform their duties.
Each Party undertakes not to use the Confidential Information of the other Party for any purpose other than the performance of this Contract, and in particular not to use it for its own benefit except as provided herein.
Each Party undertakes to return, upon first request from the other Party, all documents or other media containing Confidential Information that it may have been given in connection with the performance of this Contract, and which remain the property of the other Party, without retaining any copy or reproduction thereof.
14. FORCE MAJEURE
Expressly considered as cases of force majeure are those generally recognized by the case law of French courts and tribunals, which are unforeseeable, insurmountable and external in nature.
Initially, cases of force majeure will suspend the performance of the Contract affected by them.
If the cases of force majeure last more than fifteen days, the Parties will meet to determine how to proceed with their relationship. If the case(s) of force majeure last more than three months, the Contract in question will be terminated automatically and without formality.
15. PERSONAL DATA
Wiskeys declares that it complies with the provisions relating to the protection of personal data and privacy, in particular those of Law No. 78-17 of January 6, 1978, as amended.
In accordance with this Law, any person concerned may, at any time, access their personal information held by Wiskeys and request its modification or deletion at the following address: contact@wiskeys.fr
16. INSURANCE
To protect against risks arising from the obligations placed upon it under the seasonal rental contract it enters into with one or more Guests, the Host undertakes to take out an insurance policy with a well-known solvent insurance company.
17. ASSIGNMENT
The Host is informed that all rights and obligations incumbent upon Wiskeys under the Contract may be transferred to a third party, in particular in the event of a restructuring of Wiskeys, whether as part of an acquisition, merger/takeover or partial contribution of assets, or upon simple notification from Wiskeys.
It is understood that in such cases, the entity taking over the Contract will be bound by the same rights and obligations as Wiskeys.
18. INDEPENDENCE OF THE PARTIES
The Host and Wiskeys enter into the Contract as independent parties, both legally and financially.
Consequently, the Contract may in no way be interpreted as creating a joint entity, a commercial agency relationship, a joint venture, a de facto or de jure association, or an employer-employee relationship between the Parties.
Each Party (i) is therefore prohibited from making any commitment in the name of and on behalf of the other Party and (ii) remains solely responsible for its management decisions.
19. ENTIRE AGREEMENT
The Contract expresses the entirety of the Parties' obligations with respect to its subject matter.
It cancels and replaces any prior document or agreement between the Parties and may only be amended by a rider signed by the Parties.
Any extension hereof, whether in terms of functionality, performance of the Contract abroad or under other conditions, must be discussed beforehand between the Parties and, where applicable, be the subject of a signed rider hereto.
20. NO WAIVER
The fact that either Party does not enforce a breach by the other Party of any of its obligations under the Contract shall not be interpreted as a waiver of the obligation in question.
21. PRIOR CONCILIATION CLAUSE
In the event of a dispute arising from the interpretation, application and/or performance of the contract, the Parties agree to attempt to reach an amicable settlement before taking any legal action, failing which the action will be inadmissible.
To this end, the claiming party must notify the other party of the details of the dispute by e-mail together with a registered letter with acknowledgment of receipt.
The conciliation phase will last 15 days from receipt of this letter, during which the Parties will communicate by e-mail, Skype or telephone.
At the end of this period, the parties will be deemed not to have reached an agreement, unless proven otherwise.
However, by way of exception, during this conciliation period, the Parties may apply to the court for investigative measures on the basis of Article 145 of the Code of Civil Procedure, as well as any other measure justified by a legitimate reason relating to the urgency or the matter concerned.
22. DEFINITIONS
- Accommodation: Refers to any residential property offered for rent by a Host
- Host / Client: Refers to the owner (or their Representative) of an Accommodation who uses the Services. The term Host or Client is used interchangeably in these General Terms and Conditions
- Rental Offer: Refers to any listing published by a Host, directly or through a Third-party Operator, intended to enable the rental of their Accommodation
- Third-party Operator: Refers to any entity, legal person or individual, whose business is to connect Hosts and Guests for the purpose of renting an Accommodation
- Party: Refers individually and/or collectively to Wiskeys and/or the Host(s)
- Services: Refers to all the services provided by Wiskeys to Hosts, as described in Article 4 of these General Terms and Conditions
- Prospect: Refers to any person likely to become a Guest
- Representative: Refers to any person duly authorized by the Host to list and rent out their Accommodation, and in particular to be given the keys to the Accommodation
- Booking: Refers to the booking of an Accommodation made by a Prospect, directly with a Host or through a Third-party Operator
- Guest: Refers to any tenant of a Host's Accommodation