General terms and conditions of sale

Company Identification

Concierge B et B is a limited liability company, registered in the register of companies of Ireland, with a branch in France under number 92288274100023, with offices at 9 rue Saint-Saëns 29200 BREST.

Its subsidiary in France, Residence BNB FRANCE ("RBIMMO"), holds real estate agent status, registered and issued by the CCI of Brest.

Concierge B et B and its subsidiary can be contacted at the following details:

Phone: 09 80 80 12 66

Address: 9 rue Saint-Saëns - 29200 BREST

Email address: proprietaire@conciergebb.fr

Services Offered

Concierge B et B offers "turnkey" rental management services (the "services") for a property (the "accommodation") to owners or any other person authorized by the owner to offer the accommodation for rent (the "landlord").

The accommodation, regardless of its nature, must meet the legal definition of "meublé de tourisme" (furnished tourist accommodation) within the meaning of Article D. 324-1 of the French Tourism Code, defined as "furnished villas, apartments, or studios, for the exclusive use of the tenant, offered for rent to transient customers who stay for a period characterized by a daily, weekly, or monthly rental, and who do not establish domicile there."

The services are accessible at www.conciergebb.fr or www.rb-immobilier.fr (together and interchangeably referred to as the "platform").

Concierge B et B and the landlords are hereinafter referred to collectively or individually as a "party".

General Terms and Conditions of Sale - Concierge BB

Contractual Documents: The relationship between Concierge B et B and the landlord is governed by the following documents, in order of priority:

The Mandate:

This document details the terms of the management of the accommodation entrusted by the landlord to Concierge B et B. Concierge B et B generates and sends this mandate to the landlord, who must sign it and return it within 14 days.

General Conditions:

They specify the terms of use of the services as well as the rights and obligations of both parties. The landlord accepts the general conditions by validating the registration form and the mandate. If these conditions are not accepted, access to the services is impossible.
The general conditions are accessible via a link at the bottom of the platform page and may be supplemented by special conditions, which will prevail in case of conflict.

Conditions for Accessing the Platform and Services: Services are accessible to landlords meeting the following conditions: 

- Be a legally capable natural person, or a legal entity represented by a person authorized to act on its behalf.

Possess the status of:

- Consumer, meaning a natural person not acting for professional purposes. Professional, for natural or legal persons whose activities are commercial, artisanal, or other. Have accommodation eligible for services according to the criteria specified on the platform.

- Subscription to services: To subscribe, the landlord must:
Complete the online registration form with all required information, such as first name, last name, and email address (which will serve as the identifier to access the platform). Sign and return the mandate within the deadlines indicated in the "contractual documents" section. The landlord must provide all requested information and acknowledges that it is essential.

- Duration: Services are provided for the duration indicated in the mandate. This mandate is automatically renewed, unless terminated by one of the parties under the conditions provided.

- Description of services: The landlord can consult the characteristics and constraints of the services on the platform, including technical aspects.
Concierge B et B offers the following services:

- Ad creation: The landlord provides Concierge B et B with the necessary information to draft the accommodation advertisement, including:

- Address, surface area, number of rooms, main characteristics (equipment, elevator, balcony, etc.), and periods of availability. Concierge B et B drafts the advertisement based on this and sets the rental price according to the market. The landlord guarantees the accuracy of the information transmitted.

- Accommodation photography: Concierge B et B reserves the right to visit the accommodation before the advertisement is published to take photographs.
The landlord must allow access to their accommodation for this visit, and may also provide their own photos, provided they comply with image rights. Concierge B et B will decide if the photographs are adequate and, if necessary, will take additional shots.

- Ad publication: Concierge B et B will publish the advertisement on rental sites chosen by it, depending on the duration of use of the services and the availability of the accommodation. Any incomplete advertisement will not be published.

- Ad modification: The landlord may request modifications to the advertisement. Concierge B et B will update the information as soon as possible. However, reservations made before these modifications must be honored.

- Accommodation rental management: Concierge B et B offers various services related to rental management, such as:

Reservation Management:

- Concierge B et B will notify the landlord of reservations, and the landlord can view the history via the Airbnb platform.

Key Handover:

- The landlord must comply with the key handover procedures communicated by Concierge B et B.

Check-in and Check-out Inventory:

- Concierge B et B will conduct a general verification of the accommodation's condition and report any damage.

Maintenance and Cleaning:

- Concierge B et B provides these services between each rental, with the possibility of subcontracting. Concierge B et B can also manage complaints with rental platforms and will strive to maximize the chances of success, without guaranteeing the outcome of requests.

- Collection of rental price: Concierge B et B is mandated to collect rental prices from platforms or directly from tenants, then pay them to the landlord according to the terms set out in the mandate. The landlord must provide all additional information required by the platforms for the disbursement of funds. Concierge B et B sets rental prices based on the market, seasons, and length of stay. It can use pricing management software to adjust prices.

- Other services: Concierge B et B reserves the right to offer other services, adapted to the landlord's needs and according to the most appropriate terms.

- Platform maintenance: The landlord benefits from corrective and evolutionary maintenance for the duration of the services. This may include temporary interruptions for updates. Concierge B et B makes every effort to resolve malfunctions as quickly as possible.

- Hosting: Concierge B et B guarantees data hosting on servers located in the European Union, under an obligation of means.

- Technical assistance: The landlord can contact Concierge B et B in case of a problem at the contact details provided in the legal notice.

- Referral program: The landlord can refer other people and benefit from a commission reduction. The terms are available in the referral program rules accessible on the platform.


Financial Conditions

Concierge B et B Commission

- Concierge B et B receives a commission corresponding to a fixed percentage of the rent collected, as indicated on the landlord's account and/or in the mandate.

Costs Related to the Execution of Services

- Costs incurred by Concierge B et B in connection with the services may be borne by the landlord, subject to prior notification. All costs will be deducted from the rent collected by Concierge B et B for the rental, while ensuring tenant satisfaction.

Landlord's Right of Withdrawal

- The conditions relating to the landlord's right of withdrawal are specified in the mandate.

Landlord's Obligations

- Regarding the provision of information: The landlord undertakes to provide Concierge B et B with all information necessary for subscribing to and using the services, particularly those required for drafting the advertisement.
In case of default, Concierge B et B reserves the right to take appropriate measures, according to the terms defined in the article "sanction for breaches."

Regarding the landlord's account, the landlord:

Guarantees that the information provided during registration is accurate and not misleading, and undertakes to keep it up to date;
- acknowledges that the information entered for the creation or updating of their account serves as proof of their identity;
- must immediately inform Concierge B et B in case of unauthorized use of their Airbnb account. The landlord acknowledges Concierge B et B's right to take necessary measures in such a case.

Regarding accommodation availability: The landlord guarantees that the accommodation will be available and completely unoccupied during the indicated periods, and that it will be in a rentable condition (no work, no damage, or defective appliances).
The landlord undertakes not to cancel a confirmed booking by Concierge B et B. In case of cancellation, they acknowledge that fees will be charged, as provided by rental sites.
The landlord remains free to modify the accommodation's availability as long as no reservation has been recorded, and provided that modifications are made at least 15 days in advance.
If the landlord cancels a reservation without respecting these conditions, they will have to compensate Concierge B et B for the costs related to relocating tenants, in addition to other costs. Concierge B et B reserves the right to take additional measures as defined in the "sanction for breaches" article. Regarding the use of services: The landlord is responsible for the use of the services and the information they share. They undertake to:

- Personally use the services, without entrusting them to third parties;

- Not divert the services from their intended use, especially for illegal, fraudulent, or harmful activities to third parties;

- Not harm Concierge B et B's or a third party's computer systems, or compromise the integrity or security of these systems;

- Not copy, modify, or misuse elements belonging to Concierge B et B, nor adopt behaviors likely to undermine its security measures or interests.
The landlord also undertakes to provide Concierge B et B with the information and materials necessary for accommodation management, such as keys and badges, and to actively cooperate for the proper execution of the services.

Regarding the rental of the landlord's accommodation. The landlord guarantees that they have all the necessary authorizations and capacities to rent or sublet their accommodation, without violating any contract with a third party. They undertake to respect all legal and contractual obligations related to the rental of their accommodation.

Regarding the condition of the landlord's accommodation. The landlord acknowledges that repeated rentals can accelerate the wear and tear of the accommodation. Concierge B et B cannot be held responsible for damages related to this wear and tear or any other type of damage caused by tenants.
The landlord undertakes not to leave valuable items in the accommodation during rental periods, or to secure them in a safe. Concierge B et B will not be responsible in case of theft or damage by a tenant.

In case of damage to the accommodation:

- If the damage is noted by Concierge B et B, it will inform the landlord as soon as possible.

- If the landlord notes the damage, they undertake to report it to Concierge B et B within 7 days after the end of the rental.
Concierge B et B may, at its discretion, assist the landlord in their procedures with insurance companies or authorities, without guaranteeing a favorable outcome. In any case, Concierge B et B cannot be held responsible for damages caused by tenants.

Regarding the dissemination of content on the platform: The landlord guarantees that they have the necessary rights to publish content (texts, images, videos, etc.) on the platform, and ensures that this content is lawful and does not infringe on any third party. They undertake not to disseminate infringing, harmful, or fraudulent content.
In case of a third-party complaint concerning content published by the landlord, the latter undertakes to indemnify Concierge B et B for all damages and costs incurred.

Sanction for Breaches

In case of non-compliance with these conditions or applicable laws, Concierge B et B reserves the right to:

- Immediately suspend the landlord's access to the services.

- Delete any content related to the breach.

- Take any necessary legal or administrative action.

- Inform and cooperate with the competent authorities.
These sanctions do not exclude other legal actions, including a request for damages from Concierge B et B.

Concierge B et B's Obligations

Concierge B et B undertakes to provide the Services with diligence, under an obligation of means. This means that Concierge B et B will make every effort to ensure a quality service, but without guaranteeing a result. The landlord expressly acknowledges and accepts this limitation.

Regarding the quality of services

At Concierge B et B, we are committed to offering you the best possible quality of services. We regularly perform checks to ensure the proper functioning and accessibility of our services and our platform. In case of maintenance, we will inform you according to the terms specified in the "maintenance" article. However, Concierge B et B cannot be held responsible for temporary interruptions or difficulties in accessing its services that may be caused by:

- External factors to our network (such as partial or total failure of our servers), equipment, cabling, services or networks not under our responsibility, interruptions due to telecom operators or internet service providers, configuration errors attributable to the client, or cases of force majeure.

We guarantee the proper functioning of our servers up to the connection points, but it is possible that:

- Our services, although constantly improved, are not entirely free of errors or defects.

- Being standard and non-personalized services, they do not always meet the specific needs of each landlord.

Furthermore, Concierge B et B is not responsible for any loss of information in your account, so we encourage you to back up any data you deem important.

Regarding the service guarantee of the Concierge B et B platform, Concierge B et B does not offer a specific guarantee on the continuous availability of the platform. However, we make every effort to ensure that the platform is accessible 7 days a week, except in case of planned maintenance or force majeure.

All breakages, damages, degradations of equipment or furniture related to wear, obsolescence, repeated use, or improper installation will not be attributable to tenants or the agent.

Lost keys will also not be attributable to the agent.

Beyond 8 months, linen wear and tear prevents its return to you outside the Paris region.

The owner service handles calls every day from 8:30 AM to 5 PM. All unblocking requests must be made at least 10 days in advance by email:

proprietaire@conciergebb.fr. Please note that travelers remain a priority, and we cannot cancel traveler reservations.

The principal understands that the agent is not responsible for damages caused by travelers or the service provider but will assist them with Airbnb insurance and their personal insurance.

Regarding the connection between landlords and tenants

We are not responsible for reservation cancellations by tenants and do not intervene in any disputes between landlords and tenants regarding the condition of the accommodation or its equipment. The obligations and guarantees incumbent on the landlord remain their responsibility. Similarly, we cannot guarantee a specific business volume through the use of our services.

Regarding advertising on the platform

Concierge B et B reserves the right to display advertising or promotional messages to landlords, particularly by redirecting them to third-party platforms. However, we are not responsible for:

- The technical availability or content offered on these platforms,

- Relationships established between clients via these platforms.

Regarding registration on the telephone canvassing opposition list

In accordance with the law, we remind consumer landlords that they can register for free on the BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr) to avoid being solicited by professionals with whom they do not have an ongoing contractual relationship.

Regarding subcontracting and assignment

Concierge B et B may use subcontractors for the execution of its services, these being bound to respect the same obligations as Concierge B et B. We remain responsible for the proper execution of services to the landlord. In case of assignment, Concierge B et B may designate a third party to substitute its rights and obligations, with prior written notice to the landlord.

Concierge B et B's Liability

Concierge B et B's liability is limited to the provision of services as described in these conditions. We are only responsible for proven direct damages resulting from the use of our services.

Complaint

In the event of a dispute or damage incurred on the platform, lessors may submit a complaint to Concierge B and B or to the tenant by email at proprietaire@conciergebb.fr, within 7 days following the end of the last reservation. The complaint must include all necessary details (date, identity, description of facts, evidence, etc.).
Concierge B and B may act as a mediator but has no obligation of result. Lessors are responsible for any legal proceedings they may undertake.

Denunciation / Termination

The lessor may stop using our services by no longer offering availability dates for their accommodation. In the event of already recorded reservations, cancellation fees will be applied according to paragraph 11.3. It is possible to unsubscribe from the services in accordance with the mandate, which will result in the termination of the services.

Intellectual property

These conditions do not grant any intellectual property rights to the lessor over the platform or over the content used by Concierge B and B. Any reproduction or use of the content without authorization is prohibited and may be subject to legal action. The lessor authorizes Concierge B and B to use the content published on the platform, within the framework of the performance of the services and their promotion.

Personal data

Concierge B and B processes the lessor's personal data in accordance with the GDPR and the data protection law. We implement all necessary measures to guarantee the confidentiality and security of the data processed, particularly in the context of managing reservations via third-party platforms. Each party, Concierge B and B and the lessor, undertakes to comply with the applicable regulatory obligations regarding the protection of personal data.

Insurance

Each party guarantees the other that it has taken out the necessary insurance to cover its civil liability. The lessor also guarantees that their accommodation is covered by multi-risk home insurance including rental risks.

Force majeure

Concierge B and B cannot be held responsible for delays or inability to perform due to a case of force majeure, as defined by law. If the event lasts beyond one month, the parties may terminate these conditions without notice.

Nullity

If a clause of these conditions is deemed void, the other provisions will remain in force.

Modification of the general conditions

Concierge B and B may modify these general conditions at any time, by informing the lessor at least 30 days before their entry into force. If the lessor continues to use the services after the entry into force of the modifications, they are deemed to accept them.

Mediation

In the event of a dispute between Concierge B and B and a consumer lessor, the latter may resort free of charge to a consumer mediator (CM2C) to try to find an amicable solution.

Admissible modes of proof

The parties may provide all necessary evidence to support their claims, in accordance with common law. The lessor acknowledges that the data collected on the platform serves as proof of the operations performed.

Applicable law and competent jurisdictions

These general conditions are governed by French law. In the event of a dispute, the courts of Paris have exclusive jurisdiction, unless otherwise stipulated.

Appendix 1: Personal data protection and co-responsibility for processing

For the purposes of this appendix, Concierge B and B and the lessor are joint controllers of the processing listed below.

Purposes of processing: reservation management via third-party rental sites

Nature of processing operations: collection, recording, organization, storage, modification, consultation, use, dissemination, erasure.

Categories of personal data concerned:

- Tenant identification data (surname, first name, email, phone number)

- Opinion relating to the rental of the accommodation

- Photographs of the accommodation

- Categories of data subjects: tenants

- Duration of processing: duration of this contract

- Each party only processes the personal data listed above for the purposes listed above. The joint responsibility for processing is strictly limited to this scope.

Consequently, any other processing of personal data that may be carried out by either party, outside the agreed scope, would be carried out solely by that party and under its sole responsibility. If applicable, it will be the sole responsibility of the party concerned, as the sole controller of the processing in question, to ensure the compliance of the processing with the applicable regulations. Under no circumstances shall the other party's liability be engaged or questioned in any way whatsoever due to processing carried out by the other party outside the scope referred to in this appendix. It is recalled that within the framework of their relations and the contract, each of the parties is solely responsible for the consequences of its possible breach of the commitments it contracts regarding the protection of personal data within this appendix, the other party being likely to sue it for compensation for the indemnities and/or administrative fines it may be required to pay under the previous article, in accordance with Article 82, 5° of the GDPR.

The parties allocate their respective obligations as follows:

- Each of the parties implements appropriate technical and organizational measures to ensure the confidentiality, integrity, availability, and resilience of the personal data it processes, as well as the means to restore the availability or integrity and security of personal data and access to it as quickly as possible in the event of an incident. The parties undertake to implement measures to regularly test, analyze, and evaluate the effectiveness of these measures.

Concierge B and B is the point of contact for data subjects for the exercise of their rights and undertakes to inform data subjects of the processing carried out under this appendix, insofar as Concierge B and B is in direct contact with data subjects. Concierge B and B undertakes to process any request from data subjects received within the applicable legal deadlines. The lessor will provide Concierge B and B with all necessary assistance to enable data subjects to exercise their rights and will forward any such request of which they become aware.

The parties undertake to cooperate with each other and to provide each other with all useful information or documents to comply with the applicable regulations, particularly in the context of each party maintaining its own record of processing activities, any data protection impact assessment, and any requests or consultations with the supervisory authority.

Each party is authorized to engage one or more subprocessors in the context of the processing covered by this Appendix (hereinafter the "subsequent subprocessor") subject to prior written notification to the other party. This notification must clearly indicate the subcontracted processing activities, the identity and contact details of the subsequent subprocessor, and the dates of the subcontracting agreement. The notified party has a period of 15 (fifteen) calendar days from the date of receipt of this information to submit its legitimate and reasoned objections. Failing notification of objections after this period, the notified party will be deemed to have accepted the use of the subsequent subprocessor concerned. As of the date of signing this appendix, each of the two parties accepts the use by the other of the subsequent subprocessors listed below:

Name of subsequent subprocessor:

Subcontracted processing activities:

Location of subsequent subprocessor:

Data transfer outside the EU (YES/NO):

Concierge B and B undertakes to ensure that the subsequent subprocessor is subject to the same obligations regarding the protection of personal data as those imposed under this appendix. Concierge B and B remains responsible to the lessor in the event of default by the subsequent subprocessor.

Each of the parties undertakes to process and store personal data only within the territory of the European Union and/or in accordance with this article. By way of exception to the foregoing, the parties are authorized to transfer personal data outside the territory of the European Union on condition that appropriate safeguards are put in place to govern said transfer within the meaning of the applicable regulations.

Each party must notify the other party of any personal data breach within the meaning of the applicable regulations as soon as possible. This notification must include the information requested by Article 33 of the GDPR. Each party is authorized, as such, to decide and proceed with any necessary notifications, by any means of its choice, to the supervisory authority and to data subjects. However, the parties undertake to consult each other urgently beforehand to agree on the content of the notification to be made. In the event of a personal data breach, the party concerned (i.e., the party on whose information system the breach occurred) must, as soon as possible and in coordination with the other party, take the necessary measures under the applicable regulations and technical standards to remedy the breach.

The parties retain personal data for the duration defined in this appendix. Each party deletes personal data (i) when the duration defined in this appendix expires, (ii) at the express request of the other party, or (iii) at the documented request of a data subject.