Company identification

Concierge B and B is a limited liability company, registered in the Companies Register of Ireland, with a branch in France under number 92288274100023, whose offices are at 9 rue Saint Saens 29200 BREST.

Its subsidiary in France, BNB FRANCE residence (“ RBIMMO ”), benefits from the status of real estate agent, registered and issued by the CCI of Brest.

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

telephone: 09 80 80 12 66

Address: 9 rue Saint Saens - 29200 BREST

Email address: propriétaires@conciergebb.fr

Services offered

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

The accommodation, whatever its nature, must meet the legal definition of "furnished tourist accommodation" as defined in Article D. 324-1 of the Tourism Code, defined as "furnished villas, apartments, or studios, for the exclusive use of the tenant, offered for rent to a transient clientele who stay there for a period characterized by a rental by the day, week or month, and who do not establish their residence there".

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

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

Terms and Conditions - BB Concierge

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

The mandate:

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

General terms and conditions:

These terms and conditions outline the terms of service and the rights and obligations of both parties. The landlord accepts these terms and conditions by submitting the registration form and the mandate. If these terms are not accepted, access to the services is impossible. The terms and conditions are accessible via a link at the bottom of the platform page and may be supplemented by specific terms and conditions, which will prevail in case of conflict.

Conditions of access to the platform and services: the services are accessible to landlords who meet the following conditions :

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

To have the quality of:

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

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

- Duration: The services are provided for the period specified in the agreement. This agreement is automatically renewed unless terminated by either party under the conditions stipulated.

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

- Drafting the advertisement: the landlord provides Concierge B and B with the necessary information to draft the property advertisement, including in particular:

- Address, surface area, number of rooms, main features (amenities, elevator, balcony, etc.), and availability periods. Concierge B&B drafts the listing based on this information and sets the rental price according to the market. The landlord guarantees the accuracy of the information provided.

- Photographs of the property: Concierge B and B reserves the right to visit the property before the advertisement is published to take photographs. The landlord must allow access to their property for this visit and may also provide their own photos, provided they respect image rights. Concierge B and B will decide if the photographs are adequate and, if necessary, will take additional photos.

- Publication of the Concierge B listing: Concierge B will publish the listing on rental websites of its choosing, depending on the duration of service and the availability of the accommodation. Any incomplete listing will not be published.

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

- Concierge B and B offers various rental management services, such as:

Booking management:

- Concierge B and B will notify the landlord of the reservations and the landlord will be able to view the history via the Airbnb platform.

Handover of keys:

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

Entry and exit inventory:

- Concierge B and B will carry out a general check of the condition of the accommodation and report any damage.

Maintenance and cleaning:

Concierge B and B provides these services between each rental, with the option of subcontracting. Concierge B and B can also handle complaints with rental platforms and will strive to maximize the chances of success, although it cannot guarantee the outcome of requests.

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

- Other services Concierge B and B reserves the right to offer other services, adapted to the needs of the landlord and according to the terms deemed most appropriate.

- 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 and B makes every effort to resolve malfunctions as quickly as possible.

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

- Technical assistance: the landlord can contact Concierge B and B in case of problems using the contact details provided in the legal notices.

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


Financial conditions

Concierge Commission B and B

- Concierge B and 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.

Fees related to the performance of the Services

- The landlord may be charged for expenses incurred by Concierge B and B in connection with its services, subject to prior notification. All expenses will be deducted from the rent collected by Concierge B and 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 agrees to provide Concierge B and B with all the information necessary for subscribing to and using the services, including that required for drafting the advertisement. In the event of a breach, Concierge B and B reserves the right to take appropriate measures, according to the terms defined in the article "Sanctions 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 update of his account is proof of his identity;
- must immediately inform Concierge B and B in the event of unauthorized use of their Airbnb account. The landlord acknowledges Concierge B and B's right to take the necessary measures in such cases.

Regarding the availability of the accommodation, the landlord guarantees that the accommodation will be available and completely unoccupied during the specified periods, and that it will be in a condition suitable for rental (without any repairs, damage, or defective appliances). The landlord agrees not to cancel a booking confirmed by Concierge B&B. In the event of cancellation, the landlord acknowledges that fees will be charged, as stipulated by the rental websites. The landlord remains free to modify the availability of the accommodation as long as no booking has been recorded, and provided that the modifications are made at least 15 days in advance. If the landlord cancels a booking without complying with these conditions, they will be required to compensate Concierge B&B for the costs associated with relocating the tenants, in addition to other costs. Concierge B&B reserves the right to take further action as defined in the "Sanctions for Breaches" section. Regarding the use of services, the landlord is responsible for the use of the services and the information they share. They agree to:

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

- Do not misuse the services, particularly for illegal, fraudulent activities or activities that harm third parties;

- Do not harm the computer systems of Concierge B and B or any third party, or compromise the integrity or security of these systems;

- Not to copy, modify, or misappropriate any elements belonging to Concierge B and B, nor to engage in any behavior that could compromise its security measures or interests. The landlord also agrees to provide Concierge B and B with the information and materials necessary for managing the property, such as keys and access badges, and to actively cooperate for the proper execution of services.

Regarding the rental of the landlord's property: The landlord guarantees that they possess all the necessary authorizations and capacity to rent or sublet their property without violating any contract with a third party. They undertake to comply with all legal and contractual obligations related to the rental of their property.

Regarding the condition of the property: The landlord acknowledges that repeated tenancies can accelerate wear and tear. Concierge B and B cannot be held responsible for damages related to this wear and tear or any other type of deterioration caused by tenants. The landlord agrees not to leave valuables in the property during rental periods, or to secure them in a safe. Concierge B and B will not be liable in the event of theft or damage by a tenant.

In case of damage to the accommodation:

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

- If the landlord notices any damage, they agree to report it to Concierge B and B within 7 days of the end of the rental period. Concierge B and B may, at its discretion, assist the landlord with claims from insurance companies or authorities, without guaranteeing a favorable outcome. In any event, Concierge B and B cannot be held liable for damage caused by tenants.

Regarding the distribution of content on the platform, the landlord guarantees that they possess the necessary rights to publish content (text, images, videos, etc.) on the platform and ensures that this content is lawful and does not infringe upon the rights of any third party. They undertake not to distribute counterfeit, harmful, or fraudulent content. In the event of a complaint from a third party concerning content published by the landlord, the landlord agrees to indemnify Concierge B and B for all damages and expenses incurred.

Sanctions for breaches

In the event of non-compliance with these terms and conditions or applicable laws, Concierge B and B reserves the right to:

- Immediately suspend the landlord's access to services.

- Remove all content related to the breach.

- Take all necessary legal or administrative measures.

- Inform the relevant authorities and cooperate with them. These sanctions do not preclude other legal actions, including claims for damages by Concierge B and B.

Concierge Obligations B and B

Concierge B and B undertakes to provide the Services diligently, within the framework of an obligation of means. This means that Concierge B and B will make every effort to ensure a quality service, but without guaranteeing a specific outcome. The landlord expressly acknowledges and accepts this limitation.

Regarding the quality of services

At Concierge B and B, we are committed to providing you with the highest quality services. We regularly perform checks to ensure the proper functioning and accessibility of our services and platform. In the event of maintenance, we will inform you according to the procedures outlined in the "Maintenance" section. However, Concierge B and B cannot be held responsible for temporary interruptions or difficulties in accessing its services caused by:

- Factors external to our network (such as a 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 customer, or force majeure events.

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

- Our services, although constantly being improved, are not entirely error-free or flaw-free.

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

Furthermore, Concierge B and 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 platform, B&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 cases of planned maintenance or force majeure.

All breakages, damages, deterioration of equipment or furniture due to wear and tear, obsolescence, repeated use or improper installation will not be attributable to the tenants or the agent.

The agent will also not be responsible for lost keys.

After 8 months, the wear and tear on the linen makes it impossible to return it outside the Paris region.

The proprietary service handles calls daily from 8:30 AM to 5:00 PM. All unlocking requests must be made at least 10 days in advance by email.

proprietaire@conciergebb.fr . Please note that travelers remain our priority; we cannot cancel their 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 booking cancellations by tenants and do not intervene in any disputes between landlords and tenants regarding the condition of the property or its amenities. The landlord's obligations and guarantees remain their sole responsibility. Similarly, we cannot guarantee a specific volume of business through the use of our services.

Regarding advertising on the platform

Concierge B and B reserves the right to disseminate advertising or promotional messages to landlords, including 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 marketing opt-out list

In accordance with the law, we remind landlords who are consumers that they can register for free on the telephone marketing opt-out list BLOCTEL (www.bloctel.gouv.fr) to avoid being contacted by professionals with whom they do not have a current contractual relationship.

Regarding subcontracting and transfer

Concierge B and B may use subcontractors to perform its services, who will be bound by the same obligations as Concierge B and B. We remain responsible to the landlord for the proper performance of services. In the event of a transfer of ownership, Concierge B and B may appoint a third party to assume its rights and obligations, after notifying the landlord in writing beforehand.

Concierge Responsibility B and B

Concierge B and B's responsibility is limited to providing the services as described in these terms and conditions. We are only liable for proven direct damages resulting from the use of our services.

Complaint

In the event of a dispute or damage suffered on the platform, landlords may file a complaint with Concierge B&B or with the tenant by email at proprietaire@conciergebb.fr, within 7 days of the end of the last booking. The complaint must include all necessary details (date, identity, description of the facts, evidence, etc.).
Concierge B and B can act as a mediator but has no obligation to achieve a result. Landlords are responsible for any legal action they may take.

Cancellation / Termination

The landlord may discontinue using our services by no longer offering available dates for their property. For bookings already registered, cancellation fees will apply as outlined in section 11.3. It is also possible to unsubscribe from the services in accordance with the terms of the agreement, which will result in the termination of services.

Intellectual property

These terms and conditions do not grant the landlord any intellectual property rights to the platform or 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 landlord authorizes Concierge B and B to use the content published on the platform for the purpose of providing and promoting its services.

Personal data

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

Insurance

Each party guarantees to the other that it has taken out the necessary insurance policies to cover its civil liability. The landlord also guarantees that its property is covered by a comprehensive home insurance policy that includes rental risks.

Force majeure

Concierge B and B cannot be held liable for delays or inability to perform due to force majeure, as defined by law. If the event continues for more than one month, the parties may terminate these terms and conditions without notice.

Nullity

If any clause of these terms and conditions is deemed invalid, the other provisions shall remain in effect.

Changes to the general terms and conditions

Concierge B and B may modify these terms and conditions at any time, by notifying the landlord at least 30 days before they take effect. If the landlord continues to use the services after the modifications take effect, they will be deemed to have accepted them.

Mediation

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

Acceptable form of evidence

The parties may provide all necessary evidence to support their claims, in accordance with common law. The landlord acknowledges that the data collected on the platform is proof of the transactions carried out.

Applicable law and competent jurisdictions

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

Annex 1 – Protection of personal data and joint responsibility for processing

For the purposes of this appendix, Concierge B and B and the landlord are jointly responsible for the processing listed below.

Purpose of the processing: management of reservations 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 details (name, surname, email, telephone number)

- Notice regarding the rental of the accommodation

- Photographs of the accommodation

- Categories of people concerned: tenants

- Duration of treatment: duration of this contract

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

Consequently, any other processing of personal data carried out by either party outside the agreed scope shall be done solely by that party and under its sole responsibility. It shall be the sole responsibility of the party in question, as the sole controller of the processing in question, to ensure that the processing complies with applicable regulations. Under no circumstances shall the other party be held liable or implicated in any way whatsoever for any processing carried out by the other party outside the scope defined in this appendix. It is reiterated that, within the framework of their relationship and the contract, each party is solely responsible for the consequences of any breach of its commitments regarding the protection of personal data under this appendix, and the other party may seek compensation for any damages and/or administrative fines it may be required to pay under the preceding article, in accordance with Article 82(5) of the GDPR.

The parties divide their respective obligations as follows:

Each party shall implement 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, 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 regarding the exercise of their rights and undertakes to inform data subjects of the processing carried out under this annex, insofar as Concierge B and B is in direct contact with the data subjects. Concierge B and B undertakes to process all requests from data subjects received within the applicable legal time limits. The landlord will provide Concierge B and B with all necessary assistance to enable data subjects to exercise their rights and will forward to Concierge B and B any such requests of which it becomes aware.

The parties undertake to cooperate with each other and to provide each other with any useful information or document in order to comply with applicable regulations, in particular with regard to each party's own register 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 subcontractors for the processing activities covered by this Annex (hereinafter referred to as the " subsequent subcontractor "), provided that it informs the other party in writing beforehand. This notification must clearly state the subcontracted processing activities, the identity and contact details of the subsequent subcontractor, and the dates of the subcontract. The notified party has 15 (fifteen) calendar days from the date of receipt of this notification to submit any legitimate and substantiated objections. If no objection is notified within this period, the notified party will be deemed to have accepted the use of the relevant subsequent subcontractor. As of the date of signature of this Annex, each party accepts the other's use of the subsequent subcontractors listed below:

Name of the subsequent subcontractor:

Outsourced processing activities:

Location of the subsequent subcontractor:

Data transfer outside the EU (YES/NO):

Concierge B and B undertakes to ensure that the subsequent subcontractor is subject to the same obligations regarding the protection of personal data as those imposed under this appendix. Concierge B and B remains liable to the landlord in the event of a failure by the subsequent subcontractor.

Each party undertakes to process and store personal data only within the territory of the European Union and/or in accordance with this article. Notwithstanding the foregoing, the parties are authorized to transfer personal data outside the territory of the European Union, provided that they implement appropriate safeguards governing such transfer in accordance with applicable regulations.

Each party must notify the other party of any personal data breach as defined by applicable regulations without undue delay. This notification must include the information required by Article 33 of the GDPR. Each party is entitled, as such, to decide and carry out any necessary notifications, by any means of its choosing, to the supervisory authority and the data subjects. However, the parties undertake to consult with each other urgently beforehand to agree on the content of the notification to be made. In the event of a personal data breach, the affected party (i.e., the party on whose information system the breach occurred) must, without undue delay and in coordination with the other party, take the necessary measures in accordance with applicable regulations and technical standards to remedy the breach.

The parties shall retain personal data for the period defined in this Annex. Each party shall delete personal data (i) when the period defined in this Annex expires, (ii) upon the express request of the other party, or (iii) upon a documented request from a data subject.