General terms of use of the YStay service (hosts)

Article 1 — Preamble and definitions

1.1 Preamble

These general terms of use (the “Terms”) govern access to and use of the YStay service by the professionals and private individuals who manage rental properties through it. They are entered into between:

• [TO BE COMPLETED: registered company name], a [TO BE COMPLETED: legal form] with a share capital of [TO BE COMPLETED: share capital], registered with the trade and companies register under number [TO BE COMPLETED: company registration number], intra-Community VAT number [TO BE COMPLETED: EU VAT number], whose registered office is located at [TO BE COMPLETED: registered office address], publisher of the YStay service (hereinafter “YStay”);
• and the natural or legal person who creates an account on the Platform (hereinafter the “Host”).

Publication director: [TO BE COMPLETED: publication director]. Contact: contact@ystay.app. Personal data contact: privacy@ystay.app.

The Terms are made available to the Host in a format allowing their storage and reproduction (Article 1127-1 of the French Civil Code): each version may be downloaded from the Account.

1.2 Definitions

In these Terms, the following words have the meaning set out below, whether used in the singular or in the plural:

Article 2 — Purpose and role of YStay

2.1. The purpose of the Terms is to define the conditions of access to and use of the Platform by the Host, as well as the rights and obligations of the parties.

2.2. YStay provides a management tool. YStay is neither the lessor, nor the hotelier, nor the seller of the accommodation services offered by the Host, nor a travel or holiday operator within the meaning of Article L211-1 of the French Tourism Code. The contractual relationship relating to the stay is formed exclusively between the Host and their Guest (Article 6).

2.3. Creating an Account entails unreserved acceptance of the Terms, of their Annex 1 (data processing agreement) and, for Consumer Hosts and Non-professional Hosts, of their Annex 2. Acceptance is recorded, time-stamped and linked to the version of the document in force (Article 14).

2.4. In the event of a conflict between the Terms and Annex 1 as regards the processing of personal data, Annex 1 prevails on that point. In the event of a conflict between the Terms and Annex 2 with regard to a Consumer Host or a Non-professional Host, Annex 2 prevails.

2.5. Scope of the Platform. The Platform publishes, for each Host, that Host’s own booking surfaces. It does not list, does not rank and does not put the accommodations of several Hosts in contact with the public. Consequently, YStay is neither an online platform operator within the meaning of Article L111-7 of the French Consumer Code, nor an online intermediation service within the meaning of Regulation (EU) 2019/1150.

2.6. No legal advice. The document templates (Rental Terms, stay contracts, leases, condition reports), the compliance tools (including the compliance Radar) and the information content made available by YStay are general tools and information. They constitute neither legal advice within the meaning of Law No. 71-1130 of 31 December 1971, nor advice tailored to the Host’s particular situation; the Host remains solely responsible for adapting and using them and may consult a legal professional.

2.7. Hosting of content. For content published by Hosts and Guests (Listings, photographs, messages, reviews), YStay is a hosting service provider within the meaning of Article 6 of Law No. 2004-575 of 21 June 2004 and of Article 3(g)(iii) of Regulation (EU) 2022/2065 (“DSA”). The rules on reporting and moderation are set out in Article 7.9.

Article 3 — Access to the service and Account

3.1 Conditions of access

3.1.1. The Platform is intended for persons of full age and legal capacity, acting on their own behalf or on behalf of a legal person that they have the power to bind.

3.1.2. Access requires suitable equipment and connectivity, which remain the Host’s responsibility.

3.2 Registration, Account Holder and capacity of the Host

3.2.1. Creating an Account requires a valid email address and the information needed to identify the Host and, where applicable, to invoice them: identity, contact details and, for a legal person, corporate name, registration number and VAT number.

3.2.2. The person who creates the Account becomes the Account Holder. That person is deemed to have the power to bind the Host. Acts performed from the Account are deemed to be performed by the Host.

3.2.3. Declaration of capacity. On registration, the Host declares whether they act as a Professional Host, a Consumer Host or a Non-professional Host. A Professional Host provides their registration number. This declaration determines the application of Annex 2; the Host updates it if their situation changes. It does not prevent the application of the mandatory provisions that would result from their actual situation.

3.3 Team Members and roles

3.3.1. The Account Holder may invite Team Members and assign them one of the following roles: Manager (full management, including the team and billing), Staff (day-to-day operations, without access to the team or to billing) or Read only (consultation).

3.3.2. The Host remains responsible for the acts of their Team Members, for granting and withdrawing their roles, and for withdrawing the access of persons who leave their organisation.

3.3.3. The Terms and their annexes are entered into with the Host alone. On their first login, each Team Member is made aware of the individual terms of use of the Platform (credentials, fair use, confidentiality) and undertakes to comply with them; they are not a party to the contract.

3.4 Credentials and two-factor authentication

3.4.1. Credentials are personal and confidential. The Host and each Team Member are responsible for keeping them safe and for any use made from their session.

3.4.2. The Platform offers two-factor authentication, by authenticator application or by text message. Certain sensitive operations may require it to be enabled beforehand.

3.4.3. Any loss, disclosure or unauthorised use of a credential must be reported to YStay as soon as it is discovered, so that the access concerned can be revoked.

3.5 Accuracy of information

The Host keeps the information in their Account up to date, in particular their contact email address and their billing information. YStay is not responsible for the consequences of inaccurate or outdated information, in particular of a notification that fails to reach its addressee.

3.6 Access by YStay staff to the Account and to communications

3.6.1. Authorised YStay staff may access the Host’s Account, including by acting in the interface in their place, only at the request of the Host or of a Team Member (assistance), in order to handle a report, or in order to ensure the security of the Platform. Such access is read-only by default; a write action is possible only after explicit and documented activation, which is recorded. Each access is logged with the identity of the operator, the reason and the time stamp, and appears in the audit log available to the Host.

3.6.2. Communications between the Host and their Guests are private correspondence. YStay reads them only at the request of one of the parties to the exchange, in order to handle a report concerning that exchange, or where the security of the Platform so requires, to the extent strictly necessary and with logging. The artificial-intelligence-assisted features that process these communications (Annex C to Annex 1) do so on behalf of the Host, without human review by YStay.

Article 4 — Description of the service

4.1. Managing Listings and inventory. The Host creates and updates their accommodations, their amenities, their rules, their photographs, their availability calendars and their rates. The content of the Listings is their sole responsibility (Article 7).

4.2. Direct Bookings and Bookings through a Distribution Channel. The Platform makes it possible to receive direct Bookings, by means of a site or a booking module published on behalf of the Host, and to synchronise availability, rates and Bookings with Distribution Channels. The availability, operation and specific conditions of each Distribution Channel do not depend on YStay; the Channel’s own terms remain applicable between it and the Host. The booking site is published on a YStay subdomain or, at the Host’s choice, on a domain name of which the Host is the registrant and whose registration, renewal and configuration they alone ensure; they are the publisher of that site, and YStay is its host within the meaning of Article 2.7. The legal page of the site is completed by the Host, who warrants its accuracy and its compliance with Article 6-III of Law No. 2004-575 of 21 June 2004; YStay makes available a template generated from the information in the Account from [À COMPLÉTER : date de mise à disposition du gabarit de mentions légales]. Reviews received through a Distribution Channel are made available to the Host for their management; they are not republished on the booking site, only reviews collected in accordance with the reviews charter being republished there.

4.3. Smart access. Where the Host equips an accommodation with a compatible connected lock and connects it to the Platform, the Platform may generate, transmit and revoke access codes or rights associated with a stay. These operations are logged. The physical operation of the lock, its connectivity and its maintenance are the responsibility of the Host and of their supplier, with whom the Host is directly bound by a contract.

4.4. Orchestrated check-in and check-out. The Platform sequences the arrival and departure steps (collection of the necessary information, delivery of instructions and access, departure confirmation) and keeps a record of them.

4.5. StayProof.

4.5.1. StayProof makes it possible to build documentary evidence of the check-in and check-out condition reports: inspection records, time-stamped photographs, observations, and the Guest’s signature where it is collected. Each item is time-stamped and the steps of the condition report are logged. The computation, on closing a condition report, of a cryptographic fingerprint of the evidence file recorded in the audit log, which will make it possible to authenticate a later export, enters into service on [À COMPLÉTER : date de mise en service en production].

4.5.2. An artificial-intelligence-assisted analysis may compare the check-in condition and the check-out condition and flag discrepancies. This analysis is explainable (each flag refers back to the items on which it is based), bounded (it produces no penalty, no decision and no legal characterisation), overridable (the Host may set it aside or correct it at any time) and audited.

4.5.3. The analysis has no decision-making value. It amounts neither to a joint condition report, nor to proof of liability, nor to justification for withholding a security deposit. Any decision relating to damage, to a security deposit or to a claim belongs to the Host, under their sole responsibility.

4.6. Incidents, housekeeping and turnover. The Platform makes it possible to report and monitor incidents, to schedule the restoration work between two stays and to keep a record of it.

4.7. Built-in support. The Host and their Team Members may open assistance requests from the Platform, attach documents to them and exchange messages with the YStay team. No response time is guaranteed (Article 8.3).

4.8. Mobile operations application. A mobile application intended for field operations is made available to the Host and to their Team Members, within the limits of their role.

4.9. Artificial-intelligence-assisted features. Certain features (StayProof discrepancy analysis, listing advice, drafting and translation of guides and sites, reply suggestions, dispute statements, draft stay contracts, extraction of fields from a document) call upon an artificial intelligence model provider. The list of these features, the data transmitted and the provider are set out in Annex C to Annex 1. Each feature is used on the Host’s initiative; the settings allowing an individual feature to be disabled from the Account are made available on [À COMPLÉTER : date de mise à disposition des réglages de désactivation par fonction]. The data transmitted are not used to train models.

4.10. Changes to the service. YStay may develop the Platform and add, modify or withdraw features. The withdrawal of a substantial feature is notified to the Host by email with thirty (30) days’ notice.

Article 5 — Offer, trial and subscription

5.1. Plans. The service is offered under several subscription plans, whose content, quotas, overage arrangements and prices are set out on YStay’s Pricing page, which forms an integral part of the Terms. No amount is stipulated in this document: the Pricing page prevails. The characteristics of the plan subscribed to are summarised for the Host before their order is confirmed and are confirmed to them by email.

5.2. Trial. Access may be opened with a trial period, on the conditions and for the duration stated on the Pricing page at the time of subscription. The Pricing page specifies whether a means of payment is required when the trial is opened. On expiry of a trial that has not been converted, access to paid features is suspended; the Account and its data remain accessible and are retained on the conditions of Article 11.4. No automatic deletion takes place on expiry of the trial; the Host may at any time take out a subscription or request the deletion of their account (Article 11.1).

5.3. Invoicing and VAT. The subscription is invoiced in advance, according to the billing period chosen on subscription. Prices are stated exclusive of tax and increased by value added tax at the rate in force where it is due; for a Professional Host established in another Member State of the European Union and identified for VAT purposes, the tax is reverse-charged by the Host (Article 283-2 of the French General Tax Code). [À COMPLÉTER : régime de TVA applicable à l'ouverture — franchise en base (article 293 B du CGI, prix nets) ou taxation, à confirmer avec l'expert-comptable] Invoices are made available in the Account.

5.4. Means of payment. Payment of the subscription is made through the Payment Provider. The Host authorises the corresponding debits from the registered means of payment and undertakes to keep it valid.

5.5. Payment default. In the event of a failed payment, YStay informs the Host by email and invites them to remedy the situation within ten (10) days. Failing remedy within that period, access to the service may be suspended and the Terms then terminated on the conditions of Article 11. For a Professional Host, any sum not paid on its due date automatically carries late payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation increased by ten percentage points, together with a fixed indemnity for recovery costs of forty (40) euros (Articles L441-10 and D441-5 of the French Commercial Code), without prejudice to additional compensation on production of supporting evidence. No discount is granted for early payment.

5.6. Term, renewal and termination. The subscription is taken out for the period chosen and is renewed by tacit renewal for an identical period, unless terminated by the Host from their Account before the expiry date. Termination takes effect immediately; sums already paid in respect of the current period remain acquired. The Consumer Host or Non-professional Host is refunded, on request sent to contact@ystay.app, pro rata for the unused part of the period (Annex 2). From [À COMPLÉTER : date d'entrée en service de la résiliation à échéance], termination will take effect at the end of the current period, access being maintained until that date. Consumer Hosts and Non-professional Hosts additionally benefit from the provisions of Annex 2 (information on renewal, online termination).

5.7. Price changes. Any change to the prices applicable to a current subscription is notified to the Host by email at least thirty (30) days before it takes effect, and gives them the right to terminate free of charge before that date. Failing termination, the new price applies from the renewal following the date on which the change takes effect.

5.8. Commission. Where a platform commission is charged on Guest payments (Article 6.3), YStay issues the Host with a periodic invoice summarising the commissions charged, made available in the Account.

Article 6 — Guest payments

6.1. The Host is the seller of the accommodation. Stay contracts are entered into between the Host and their Guests. The Host defines the Rental Terms, performs the contract and assumes the associated tax and reporting obligations. YStay makes available a template of Rental Terms which the Host completes; the Host remains solely responsible for their content.

6.2. Connected account. Where the Host activates online collection, they open with the Payment Provider a connected account in their own name and accept on that occasion the Payment Provider’s terms, including the Stripe Connected Account Agreement and the Stripe Services Agreement incorporated into it; these terms are accessible from the activation journey. Guest payments are created and collected directly into the Host’s connected account. YStay does not collect the funds and is never their custodian: it acts as a technical intermediary. The identity verification and anti-money-laundering obligations imposed by the Payment Provider fall upon the Host.

6.3. Commission. Where applicable, a platform commission may be charged on the payments collected, at the rate stated on the Pricing page or agreed in writing with the Host; it is charged by the Payment Provider at the time of the transaction and paid over to YStay. No commission is charged on sums blocked or captured in respect of a security deposit, which constitute compensation for the Host and not revenue.

6.4. Security deposits. Where the Host provides for a security deposit, it takes the form of an uncaptured payment authorisation (card hold) on the Guest’s means of payment, for an amount and at a hold date defined by the Host in their Rental Terms. The Host is informed that the period of validity of an authorisation is limited by the card networks (seven days as a general rule, longer where extended authorisation is available) and that the Platform may, depending on the settings, renew the authorisation after informing the Guest. Release, full capture or partial capture are decided by the Host and executed by the Payment Provider. In the absence of a claim, the Host releases the security deposit no later than seven (7) days after departure; in the event of a reasoned claim notified to the Guest within that period, no later than thirty (30) days after departure. YStay never decides whether a security deposit is called upon.

6.5. Refunds and unpaid amounts. Refunds, payment disputes and unpaid amounts relating to stays fall within the relationship between the Host, their Guest and the Payment Provider. YStay makes available the information in its possession but is not a party to those disputes.

6.6. Tourist tax. As YStay is not a payment intermediary, the collection and payment over of the tourist tax due in respect of direct Bookings fall upon the Host (Article L2333-33 of the French General Local Authorities Code). The Platform may calculate and display the amount as a mere tool, on the basis of the parameters entered by the Host.

Article 7 — Host obligations

7.1. Regulatory compliance of the rental activity. The Host is responsible for complying with the regulations applicable to their activity, in particular, as the case may be: the regime for furnished tourist accommodation, change-of-use authorisations, declarations to the co-ownership, restrictions on rental duration, the collection and payment over of the tourist tax, the obligations to declare occupants and their tax, social security and insurance obligations. YStay informs the Host, when each Listing is created, of the declaration and authorisation obligations applicable to furnished tourist accommodation. Before publishing a Listing relating to furnished tourist accommodation, the Host:

• enters the accommodation’s Registration Number, which is displayed on their booking surfaces;
• states whether the accommodation is their principal residence;
• declares on their honour that they have complied with the prior declaration obligations and, where applicable, with the change-of-use authorisation obligations.

From [À COMPLÉTER : date de mise en service du décompte des nuitées et du contrôle du Numéro d'enregistrement], the Platform counts the nights rented where the accommodation is a principal residence and may suspend the publication of a Listing that has no Registration Number or that has reached the applicable cap on nights; until that date, compliance with these obligations falls upon the Host alone. The Host authorises YStay to transmit to the competent authorities, on a request based on a legal provision, the information relating to the rental activity of the accommodation.

7.2. Accuracy. The Host warrants the accuracy and the updating of the information published: description of the accommodation, amenities, capacity, house rules, rates, availability and cancellation policies. They ensure that their calendars are consistent across their various Distribution Channels. The prices displayed to the Guest include all mandatory charges.

7.3. Relationship with their Guests. The Host is solely responsible for welcoming Guests, for performing the stay, for the safety and conformity of the accommodation, for handling their Guests’ claims and for complying with the Rental Terms they have themselves published. They inform the Guest of their status as a professional or as a private individual.

7.4. Content. The Host warrants that they hold the rights in the content they publish (texts, photographs, documents) and refrains from any unlawful or misleading content, or content infringing third-party rights or privacy. In particular, they refrain from publishing a photograph making it possible to identify a third party without that person’s authorisation.

7.5. Fair use. The Host refrains from: impairing the integrity or security of the Platform; accessing it by an unauthorised automated means; circumventing a quota, a cap or an access control; reselling or making available to a third party access to their Account; using the Platform for a purpose unrelated to its object.

7.6. Third-party access and data. The Host uses the Guest data accessible from the Platform only for the performance of the stays and the obligations arising from them, to the exclusion of any unconsented marketing or any transfer to a third party.

7.7. Additional services. The services that the Host offers in addition to the stay are their own services ancillary to the accommodation (housekeeping, linen, equipment). The Host refrains from offering through the Platform travel services supplied by third parties (transport, activities, packages) combined with the stay, which would bring the sale within the regime of package travel or linked travel arrangements.

7.8. Application files (long-term rental). When using the features for building an application file, the Host requests from the applicant only the documents authorised by the exhaustive list laid down pursuant to Article 22-2 of Law No. 89-462 of 6 July 1989. The Platform’s settings do not allow any other document to be required. Leases generated from the Platform reproduce the standard contract laid down by Decree No. 2015-587 and its mandatory annexes from [À COMPLÉTER : date de mise en conformité des gabarits de bail avec le contrat type]; until that date, the templates are models that the Host checks and completes under their own responsibility. In any event, the Host checks and completes the particulars specific to their accommodation (diagnostics, rent control, works) before signature.

7.9. Published content, reporting and moderation. The Host is the author of and responsible for the content they publish on the Platform. Any person may report to YStay content they consider unlawful by email to [TO BE COMPLETED: content reporting address] (single point of contact within the meaning of Articles 11 and 12 of Regulation (EU) 2022/2065); a “Report content” form accessible from the public site and from each Listing is made available on [À COMPLÉTER : date de mise en service du formulaire de signalement]. The report states the content concerned, its location, the grounds and the identity of its author, except for offences whose reporting may be anonymous. YStay acknowledges receipt, examines the report diligently and, if the content is manifestly unlawful or contrary to these Terms, removes it or disables access to it. The Host whose content is removed, whose visibility is restricted, or whose Account is suspended, is informed by email with a statement of reasons (facts, contractual or legal basis, means of redress), except where the law prohibits it; they may challenge the decision with [TO BE COMPLETED: content reporting address] within six months and, if they are a consumer, refer the matter to the mediator referred to in Article 15.3. No content is removed by automated processing without human review, with the exception of technically malicious content. YStay retains the identity data of Account holders on the conditions of Article 11.4 for the purposes provided for by Article 6-II of the Law of 21 June 2004.

7.10. Hosts acting on behalf of third parties. A Host who rents out an accommodation of which they are not the owner (concierge service, manager, agent) warrants that they hold a written mandate authorising them to do so, and is responsible for the obligations attaching to their activity, in particular, where they habitually carry out intermediation or property management transactions for others, those of Law No. 70-9 of 2 January 1970 (professional licence, financial guarantee, professional liability insurance). YStay may at any time request evidence of the mandate.

7.11. Field operators. The persons whom the Host invites onto the Platform for housekeeping, maintenance or welcome assignments (field operators) are their employees or their contractors, never those of YStay. The Host is responsible for their status, their remuneration, the duty-of-care obligations incumbent upon them towards their subcontractors, and the information owed to their employees on the use of a tool that logs their assignments and their evidence of performance. YStay does not put operators in contact with Hosts and sets neither the price nor the characteristics of the assignments.

7.12. Internal assessments of Guests. The Host may record, for their own use and that of their team alone, an internal assessment of a Guest at the end of a stay. That assessment is personal data of the Guest: it is factual, free of any discriminatory criterion, is never shared with other Hosts or published, and may be communicated to the Guest who requests it. It is deleted together with the Booking.

Article 8 — Role and liability of YStay

8.1. Best-efforts obligation. YStay provides the service under a best-efforts obligation. It guarantees neither a commercial result, nor a volume of bookings, nor the absence of any interruption or defect.

8.2. Availability and maintenance. YStay endeavours to keep the Platform accessible at all times. It may interrupt it for maintenance, correction or development, endeavouring to limit the resulting inconvenience and, for planned work, informing the Host in advance. No quantified service level is guaranteed by these Terms; an availability commitment may be offered for certain plans on the Pricing page.

8.3. Support. Support is provided from the Platform, in French and in the other languages offered. No first response time or resolution time is guaranteed. Any responsiveness figures displayed are records of past performance, not commitments.

8.4. Backups. YStay carries out regular backups of the database, allowing a point-in-time restoration. These backups serve business continuity purposes; they do not constitute an archiving service on behalf of the Host, who is responsible for exporting and retaining the data they need.

8.5. Third-party dependencies. YStay is not responsible for the failures, interface changes, interruptions or unilateral decisions of third-party providers and Distribution Channels, nor for the Host’s equipment, in particular connected locks and their connectivity.

8.6. Limitation of liability (Professional Hosts). Subject to mandatory legal provisions and to cases of wilful misconduct, gross negligence, personal injury and breach of the confidentiality obligation, YStay’s liability towards a Professional Host is limited to direct and foreseeable damage, up to the sums actually paid by the Host in respect of the subscription during the twelve (12) months preceding the triggering event. Excluded are operating losses, loss of profit, loss of bookings, loss of data attributable to the Host and harm to image. This limitation governs the allocation of liability between the parties; it does not limit the liability that YStay incurs directly towards data subjects under Article 82 of the GDPR. It does not apply to Consumer Hosts or Non-professional Hosts (Annex 2).

8.7. Host’s indemnity. The Host indemnifies YStay against any third-party claim, in particular from a Guest, a Distribution Channel or an authority, arising from the Host’s non-compliance with Articles 6 and 7.

Article 9 — Personal data

9.1. Allocation of roles. The processing of personal data follows a mixed allocation, described in YStay’s record of processing activities:

• YStay acts as controller for its own customer relationship and for the operation of the Platform: accounts of Hosts and of their Team Members, invoicing and subscription, support requests, security audit logs, and Guest accounts (credentials, preferences, notification tokens);
• YStay acts as the Host’s processor within the meaning of Article 28 of the GDPR for the Stay Data of their Guests (Bookings, access, check-in and check-out, StayProof evidence, communications), for long-term rental application files and for the part of the audit logs that records operations carried out on the Host’s behalf.

9.2. Privacy policy. The processing operations for which YStay is the controller are described in its privacy policy, which sets out the purposes, the legal bases, the recipients, the retention periods and the arrangements for exercising rights.

9.3. Data processing agreement. The processing operations carried out by YStay on behalf of the Host are governed by Annex 1 to these Terms, which constitutes the agreement required by Article 28.3 of the GDPR.

9.4. The Host’s own obligations. As controller of their own Stay Data, it is for the Host to inform their Guests, to have a legal basis, to keep their own record of processing activities and to respond to the requests to exercise rights addressed to them. YStay assists them on the conditions of Annex 1 and makes available to them, in the booking funnel, an information notice designating the Host as controller and YStay as processor, which the Host completes with their identity.

9.5. Confidentiality. Each party undertakes to preserve the confidentiality of the other’s non-public information of which it becomes aware in connection with these Terms.

Article 10 — Intellectual property

10.1. Platform. The Platform, its software components, its interfaces, its databases, its trade marks and its distinctive signs remain the exclusive property of YStay or of its licensors. These Terms grant a personal, non-exclusive, non-transferable and revocable right of use, limited to the duration of the subscription and to the needs of the service.

10.2. Host content. The Host retains ownership of their content. They grant YStay, for the duration of the contract and solely for the purposes of performing the service, a non-exclusive licence to reproduce, technically adapt (resizing, format conversion, thumbnail generation), translate and display that content on the Platform’s surfaces and on the Distribution Channels they have themselves activated.

10.3. Feedback. Suggestions for improvement submitted by the Host may be used freely by YStay, without consideration or obligation to implement them.

Article 11 — Suspension and termination

11.1. Termination by the Host. The Host may terminate their subscription from their Account, on the conditions of Article 5.6, and request the deletion of their account from the area provided for that purpose or from the dedicated public page.

11.2. Suspension and termination by YStay. YStay may suspend access, in whole or in part, and then terminate these Terms in the event of a breach by the Host of their essential obligations — in particular Articles 5.5, 7.1, 7.4, 7.5, 7.6, 7.8 and 7.10 — or in the event of harm to the security of the Platform or of its users, or of repeated publication of manifestly unlawful content (Article 7.9). Save in cases of urgency, harm to security or legal obligation, suspension is preceded by a formal notice sent by email that has remained without effect for ten (10) days. The Host is informed of it, together with the reason.

11.3. Effects. Termination ends the right of use under Article 10.1 and access to the surfaces of the Platform. It has no effect on the Bookings already entered into between the Host and their Guests, whose performance remains their responsibility, nor on the sums due. The return of the data processed on behalf of the Host is carried out on request sent to privacy@ystay.app, on the conditions of Article 11 of Annex 1.

11.4. What becomes of the data. At the end of the relationship:

• the Account data for which YStay is the controller are retained for three (3) years, then deleted; by way of exception, the civil identity data of the Account Holder (surname, first names, date of birth or corporate name, address) are retained for five (5) years from the closing of the Account, and the connection data at the creation of the Account for one (1) year, under the obligations of hosting providers (Article 6-II of the Law of 21 June 2004, Decree No. 2021-1362);
• the invoices and accounting records are isolated and retained for ten (10) years under the accounting obligations;
• the evidence of acceptance of the Terms (version, date, identity of the signatory) is retained for five (5) years after the end of the contract, and ten (10) years for a Consumer Host (Article L213-1 of the French Consumer Code);
• the data processed on behalf of the Host are returned at their request and then deleted on the conditions of Article 11 of Annex 1, in principle ninety (90) days after the end of the contract.

During the relationship, the Stay Data are retained for the periods set out in Article 11 of Annex 1 (in particular: Bookings anonymised three years after the stay, StayProof evidence twenty-four months after the stay by default, audit logs thirty-six months), the identity of a Guest who has paid remaining only in the accounting records until the end of the ten-year period.

11.5. Published reviews. Reviews left on the Host’s accommodations may be retained beyond the anonymisation of the Bookings; the name of their author is then replaced by a generic wording. The arrangements for collecting, moderating and publishing reviews are described in YStay’s reviews charter, published on its public site on [À COMPLÉTER : date de publication de la charte des avis].

Article 12 — Force majeure

Neither party may be held liable for a breach caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code. This includes, without that list being exhaustive, generalised failures of electronic communication networks and major interruptions of hosting providers. If the impediment continues beyond thirty (30) days, either party may terminate automatically, without indemnity, by written notice.

Article 13 — General provisions

13.1. Assignment. The Host may not assign these Terms without YStay’s prior written consent. YStay may assign them in the context of a restructuring or a transfer of business, informing the Host.

13.2. Partial invalidity. If a provision is declared void or unenforceable, the other provisions remain in force.

13.3. Forbearance. The fact that a party does not rely on a breach does not amount to a waiver of its right to rely on it later.

13.4. Entire agreement. These Terms, their Annexes 1 and 2, the Pricing page, the reviews charter and the privacy policy constitute the entire agreement of the parties on their subject matter. A pilot amendment (launch period) or terms of access to the programming interface (partners) may supplement them; they prevail over these Terms within their subject matter.

13.5. Language. These Terms are drawn up in French and may be translated for the convenience of the Host. Between professionals, the French version prevails. With regard to a Consumer Host residing in another Member State of the European Union, translations are provided in compliance with the mandatory provisions of the law of their country of residence (Article 15.1).

Article 14 — Amendment of the Terms

14.1. YStay may amend these Terms, in particular to take account of a change in the service, in the regulations or in its providers.

14.2. Each version of the Terms and of their annexes is identified, dated and retained. Acceptance of a version is recorded and time-stamped, and linked to the user who gave it.

14.3. Notice period. Any amendment that restricts the Host’s rights or increases their obligations is notified by email at least thirty (30) days before it enters into force, with the text of the new version. Until that date, the Host may terminate these Terms free of charge; the sums paid for the period after termination are refunded to them on a pro rata basis. Amendments required by a legal obligation or necessary for the security of the Platform may enter into force without notice, with information to the Host.

14.4. Acceptance. When a new version enters into force, it is presented for acceptance to the user on their next access to the web dashboard of the Platform, before any other use from it; the mobile applications present the same acceptance from [À COMPLÉTER : date d'entrée en service de l'acceptation sur les applications mobiles]. A Host who refuses it is deemed to terminate these Terms; they may request the deletion of their account from that account (Article 11). A Team Member who refuses the individual terms of use is logged out and their access is interrupted.

Article 15 — Governing law, complaint, mediation and jurisdiction

15.1. Governing law. These Terms are governed by French law, without prejudice to the more protective mandatory provisions of the law of the country of habitual residence of a Consumer Host (Article 6 of Regulation (EC) No. 593/2008).

15.2. Complaint. Any complaint is to be sent to contact@ystay.app. The parties endeavour to resolve their disputes amicably.

15.3. Mediation. If the Host has the status of a consumer, they may, after a written complaint sent to YStay has remained without a satisfactory response for two months, have free recourse to the consumer mediator to whom YStay is affiliated: [À COMPLÉTER : nom, adresse postale et site internet du médiateur de la consommation] (Articles L612-1 et seq. of the French Consumer Code).

15.4. Jurisdiction. Between merchants, any dispute relating to these Terms falls within the exclusive jurisdiction of the Commercial Court (Tribunal de commerce) or, in the districts where the latter replaces it, the Economic Activities Court (Tribunal des activités économiques) in whose district YStay’s registered office is located ([TO BE COMPLETED: registered office address]), notwithstanding a plurality of defendants or third-party proceedings. In the other cases, the ordinary rules of jurisdiction apply.

Annex 1 — Personal data processing agreement

The data processing agreement entered into under Article 28 of the GDPR, which governs the processing carried out by YStay on behalf of the Host, constitutes Annex 1 to these Terms: data processing agreement. It forms an integral part of them and is accepted by the Account Holder in the name of the Host.

Annex 2 — Provisions applicable to Consumer Hosts and Non-professional Hosts

A2.1 Scope

This annex applies to the Consumer Host (a natural person acting for purposes falling outside the scope of their professional activity) and, to the extent provided for by the French Consumer Code, to the Non-professional Host (a legal person not acting for professional purposes). It supplements the Terms and prevails over them in the event of a conflict. It does not apply to Professional Hosts.

A2.2 Pre-contractual information

Before subscribing, the Host receives, in a legible and comprehensible manner, the information provided for by Articles L221-5 and L111-1 of the French Consumer Code: essential characteristics of the service, price inclusive of all taxes and billing period, duration of the contract and conditions of its renewal, arrangements for termination, existence and arrangements of the right of withdrawal, identity and contact details of YStay, and contact details of the consumer mediator. The order confirmation button bears the words “commande avec obligation de paiement” (order with an obligation to pay) (Article L221-14). The confirmation of the subscription, including these Terms, is sent to the Host on a durable medium.

A2.3 Right of withdrawal

A2.3.1. The Host has a period of fourteen (14) days from subscription to withdraw, without having to give reasons, by sending YStay an unambiguous statement (by email to contact@ystay.app, from their Account, or by means of the form attached to this annex).

A2.3.2. Performance before the end of the period. A Host who wishes to use the Platform without waiting for the expiry of the period requests this expressly on subscription. In the event of a later withdrawal, they owe an amount proportionate to the service supplied up to the communication of their decision (Article L221-25). The Host acknowledges that, if the service has been fully performed before the end of the period at their express request, they lose their right of withdrawal (Article L221-28, 1°).

A2.3.3. In the event of withdrawal, YStay refunds the sums paid, less where applicable the amount referred to in Article A2.3.2, no later than fourteen (14) days after being informed of the decision, using the same means of payment as the one used.

A2.3.4. Free trial. Where the subscription begins with a trial period without payment, the withdrawal period runs from the subscription to the paid plan.

A2.4 Tacit renewal and termination

A2.4.1. In accordance with Article L215-1 of the French Consumer Code, YStay informs the Host in writing, at the earliest three months and at the latest one month before the end of the period allowing the renewal to be rejected, of the possibility of not renewing the subscription. Failing such information, the Host may terminate the contract, free of charge, at any time from the renewal; the sums paid in advance for the period after termination are refunded to them.

A2.4.2. The Host may terminate their subscription at any time electronically, from their Account, by means of a dedicated, simple and direct feature (Article L215-1-1). Termination takes effect immediately; the Host is refunded, on request sent to contact@ystay.app, pro rata for the unused part of the period. From [À COMPLÉTER : date d'entrée en service de la résiliation à échéance], termination will take effect at the end of the current period, save for a more favourable provision of these Terms.

A2.5 Amendment of the Terms and of prices

Any amendment of the Terms, of the characteristics of the service or of the prices is notified to the Host at least thirty (30) days before it enters into force. A Host who refuses it may terminate free of charge; failing termination before it enters into force, the amendment applies from the following renewal. Articles 5.7, 14.3 and 14.4 of the Terms apply to that extent.

A2.6 Liability, guarantee of conformity and excluded clauses

A2.6.1. YStay is automatically liable for the proper performance of the service towards the Consumer Host. Article 8.6 of the Terms (cap on and exclusions of liability) does not apply to the Consumer Host or to the Non-professional Host.

A2.6.2. The Consumer Host benefits from the legal guarantee of conformity of digital services (Articles L224-25-12 et seq. of the French Consumer Code): the service conforms to the description given of it on the Pricing page and in the Terms, and the updates necessary to maintain that conformity are supplied for the duration of the contract.

A2.6.3. Article 15.4 of the Terms (jurisdiction clause) does not apply to the Consumer Host or to the Non-professional Host. Articles 4.10 and 14 apply with the notice period of Article A2.5.

A2.7 Consumer mediation

After a written complaint sent to YStay (contact@ystay.app) has remained without a satisfactory response for two months, the Consumer Host may have free recourse to the consumer mediator designated by YStay: [À COMPLÉTER : nom, adresse postale et site internet du médiateur de la consommation]. The request for mediation is admissible within one year from the written complaint.

A2.8 Archiving

A contract entered into electronically for an amount exceeding 120 euros is archived by YStay for ten (10) years from its end, and the Host may obtain a copy of it on request to contact@ystay.app (Article L213-1 of the French Consumer Code).

Withdrawal form

To be completed and returned only if you wish to withdraw from the contract.

For the attention of [TO BE COMPLETED: registered company name], [TO BE COMPLETED: registered office address], contact@ystay.app:

I hereby give you notice of my withdrawal from the contract for the supply of the following service: YStay subscription.

• Plan subscribed to:
• Ordered on:
• Name of the Host:
• Address of the Host:
• Signature (only in the case of notification on paper):
• Date: