General terms of use of the booking service (guests)

Article 1 — Preamble and definitions

1.1 Preamble

These terms (the "Terms") govern the Guest's use of the booking service made available by:

[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], registered office [TO BE COMPLETED: registered office address], publisher of the YStay service (hereinafter "YStay").

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

The Terms are made available to the Guest in a format allowing them to be stored and reproduced; the version accepted at the time of a Booking is attached to the confirmation.

1.2 Definitions

Article 2 — YStay's role and identity of the seller

2.1. The Host is the seller of the accommodation. The stay contract is entered into directly between the Guest and the Host, on the Host's Rental Terms. The Host sets the price, the access conditions and the rules of the Accommodation, and is responsible for performing the stay.

2.2. YStay is a technical intermediary. YStay publishes and operates the Booking Service on behalf of the Host and makes available to the Host the collection tools described in Article 5. YStay is neither the owner, nor the operator, nor the manager of the Accommodation, and is not a party to the stay contract.

2.3. YStay is neither a hotelier, nor a travel agent, nor a tour operator. The Booking Service does not allow the stay to be combined with travel services provided by third parties; any additional services that may be offered are the Host's own services, ancillary to the accommodation.

2.4. Collection of payments. Payments are carried out by the Payment Provider, directly into the account opened in the Host's name. YStay never holds the Guest's funds.

2.5. Status of the Host. The identity of the Host, the Host's status as a Professional Host or a Private Host, the essential characteristics of the Accommodation, the registration number of the furnished tourist accommodation where one is required, and the Host's Rental Terms are brought to the Guest's attention before the Guest enters into any commitment. Where the Host is a private individual, the stay contract is entered into between private individuals and is not subject to the provisions of the French Consumer Code applicable to relations between traders and consumers; the Guest is informed of this before the Booking.

2.6. Scope of the Booking Service. The Booking Service presents the Accommodations of a single Host. It does not list, rank or compare the Accommodations of several Hosts.

Article 3 — Guest account and access by link

3.1. Creating an account is not mandatory. A Booking may be made by providing only the information necessary for its performance: name, email address and, where applicable, telephone number.

3.2. The Guest may create an account in order to find their Bookings, their documents and their messages again, including with several Hosts.

3.3. Access by token link. A follow-up area is accessible by means of a personal link containing a non-guessable token, sent to the Guest. That link constitutes access: the Guest refrains from passing it on to a third party. It may expire, be revoked, or be re-issued on request.

3.4. The Guest is responsible for the accuracy of the information they provide and for keeping up to date the email address to which communications relating to their stay are sent.

3.5. The Guest may request the deletion of their account from their area or from the public page provided for that purpose. The request is processed after verification; it has no effect on the statutory retention obligations mentioned in Article 13.

Article 4 — Booking process and confirmation

4.1. Steps. The booking journey comprises, in succession: the choice of the stay (dates and number of occupants), entry of the Guest's contact details, payment, then, where the Host has enabled them, the drawing up of the stay contract and the filing of a certificate of insurance, before confirmation. The Guest may check and correct the information entered before confirming.

4.2. Total price and summary. The price displayed from the first presentation of a stay is the total price including mandatory charges (nights, cleaning and linen fees where they are mandatory, service fees); the tourist tax and the Security Deposit are stated separately. Before any payment, the Guest is provided with a summary stating the Accommodation, the identity and status of the Host, the dates, the number of occupants, the price breakdown, any additional services selected, the payment schedule, the amount and terms of the Security Deposit where applicable, together with the Host's cancellation policy and payment terms.

4.3. Acceptance. Before confirming payment, the Guest accepts these Terms, which govern the use of the Booking Service, and the Host's Rental Terms, which constitute the stay contract and are displayed to the Guest in the course of the journey. The confirmation button bears the words "Book and pay", which indicate that the order entails an obligation to pay. Acceptance of these Terms is recorded and time-stamped together with the version of the document; the Host's Rental Terms that are enforceable are those displayed to the Guest before the Booking.

4.4. Formation of the contract. The Booking is recorded when the journey is confirmed and becomes firm once the first payment due is actually collected, of which the Guest is informed by a confirmation sent to their email address. Failing collection within twenty-four (24) hours, the Booking is cancelled and the dates are released. Bookings originating from a third-party distribution channel remain governed by the terms of that channel.

4.5. Availability and obvious error. The availabilities displayed are synchronised across the Host's channels. Where unavailability is found after confirmation, the Booking is cancelled and the sums paid are refunded in full. In the event of an obvious pricing error (a price bearing no relation to the value of the stay, resulting from a data-entry error), the Host may cancel the Booking within forty-eight (48) hours of its confirmation, with a full refund.

4.6. Occupants. The number of occupants declared must correspond to the actual number. The Host may refuse access where the capacity of the Accommodation is exceeded.

Article 5 — Prices, taxes and payment

5.1. Prices. Prices are those displayed at the time of the Booking, in the currency stated, inclusive of all taxes. The price breakdown distinguishes, where applicable, the price of the nights, the cleaning fees, the additional services and the taxes.

5.2. Tourist tax. Where a tourist tax is payable, its amount or its method of calculation is stated before the Booking. For a Booking made through the Booking Service, it is collected by the Host, either together with the price of the stay or on site, as stated in the summary; the Host pays it over to the local authority.

5.3. Payment schedule. Depending on the Host's payment policy, the price is paid in a single instalment or according to a payment schedule — a deposit on booking, the balance on a set date before arrival. The applicable schedule is displayed before payment and set out again in the follow-up area.

5.4. Means of payment. Payments are made by bank card through the Payment Provider. Card details are entered directly with the Payment Provider; they are neither collected nor stored by YStay.

5.5. Failure to pay an instalment. Failing payment of an instalment when due, and after a reminder sent to the Guest allowing forty-eight (48) hours to remedy the situation, the Host may cancel the Booking in accordance with its cancellation policy.

5.6. Invoice. An invoice or a receipt is made available to the Guest in their follow-up area, in the Host's name.

5.7. Additional services. The Host's own services selected by the Guest are added to the summary and are payable on the terms stated.

Article 6 — Security Deposit

6.1. Where the Host provides for one, a Security Deposit is taken in the form of an uncaptured payment authorisation (card imprint) on the Guest's card. Its amount, the date on which the imprint is taken (at the earliest at the time of the Booking, at the latest on the day of arrival, according to the Host's Rental Terms) and its terms are displayed before the Booking. No debit occurs without a decision of the Host taken in accordance with Article 10.

6.2. The Guest is informed that the authorisation reduces the available limit of their card for as long as it remains valid, that this period is limited by the card networks, and that the authorisation may be renewed before it expires in order to cover the duration of the stay; the Guest is notified of this by email.

6.3. The Security Deposit guarantees performance of the stay, compliance with the house rules and the return of the Accommodation in good condition. It is not a down payment and is not set off against the price.

6.4. The conditions for releasing the Security Deposit and for claiming against it are set out in Article 10.

Article 7 — Cancellation and modification

7.1. The Host's policy. The applicable cancellation conditions are those of the Host, brought to the Guest's attention before the Booking and set out again in the summary. They may provide for tiered refunds according to the date of cancellation.

7.2. Cancellation by the Guest. The Guest cancels by contacting the Host, from their follow-up area or by any other means. Any refund is determined by the applicable cancellation policy and carried out by the Payment Provider to the original means of payment, at the latest fourteen (14) days after the cancellation.

7.3. Cancellation by the Host. Where the Host cancels, the Host owes the Guest a full refund of the sums paid, fees included, at the latest fourteen (14) days after the cancellation; the Host carries it out from their YStay area, the refund triggered automatically by the Platform otherwise applying the cancellation policy of the Listing. From [À COMPLÉTER : date d'entrée en service du remboursement intégral automatique sur annulation par l'Hôte], the Platform carries out the full refund of its own motion. The consequences of such a cancellation fall within the relationship between the Host and the Guest; YStay is not required to re-house the Guest or to compensate them.

7.4. Modification. Any change to the dates, to the number of occupants or to the services is subject to the Host's agreement and may give rise to a price adjustment.

7.5. No-show. The absence of the Guest on the date of arrival, without prior cancellation, is dealt with in accordance with the Host's cancellation policy.

Article 8 — No right of withdrawal

8.1. Professional Host. In accordance with point 12 of Article L221-28 of the French Consumer Code (Code de la consommation), the right of withdrawal does not apply to contracts for the supply of accommodation services, other than residential accommodation, which are to be provided on a specified date or during a specified period. Consequently, a Booking entered into with a Professional Host cannot be withdrawn from; only the provisions of the Host's cancellation policy (Article 7) apply.

8.2. Private Host. The stay contract entered into with a Private Host is a contract between private individuals, to which the right of withdrawal under the French Consumer Code does not apply. Only the provisions of the Host's cancellation policy (Article 7) apply.

8.3. The Guest is informed of the absence of a right of withdrawal before confirming payment.

Article 9 — Arrival, access and conduct of the stay

9.1. Arrival instructions. The access instructions and practical information are made available to the Guest before arrival, according to the Host's settings.

9.2. Codes and access rights. Where the Accommodation is fitted with a connected lock, a code or an access right that is personal and limited to the duration of the stay is sent to the Guest. That code is strictly personal: the Guest undertakes not to pass it on to a third party unconnected with the stay. It may be revoked in the event of improper use, and re-issued where necessary. Issuing and revocation operations are logged.

9.3. Technical unavailability of access. In the event of failure of the lock or of the access device, the Guest contacts the Host, who remains responsible for giving them access to the Accommodation. Back-up access may be implemented at the Host's initiative.

9.4. House rules. The Guest complies with the house rules and the rules of the Accommodation set out in the Listing: arrival and departure times, maximum capacity, any prohibitions (parties, pets, smoking), neighbourhood and co-ownership rules, and safety instructions.

9.5. Check-in and check-out. The Guest follows the arrival and departure steps requested by the Host from the interfaces made available to them, and returns the Accommodation in the condition recorded on arrival, fair wear and tear excepted.

9.6. Occupancy. The Accommodation is made available for temporary residential use. Any subletting, assignment or commercial activity is prohibited, save with the written agreement of the Host.

Article 10 — StayProof condition report, damage and Security Deposit

10.1. Condition report. A check-in condition report and a check-out condition report may be drawn up by means of StayProof: inspection records, time-stamped photographs, observations and, where it is collected, the Guest's signature. The Guest is invited to document for themselves, on arrival, any pre-existing defect. These items constitute documentary evidence of the conduct of the stay, time-stamped and logged, a copy of which the Guest may obtain from their area. The computation, on the closing of each condition report, of a cryptographic hash of the file recorded in the audit log comes into service on [À COMPLÉTER : date de mise en service en production].

10.2. Analysis assisted by artificial intelligence. An automated comparison between the check-in report and the check-out report may flag discrepancies. That analysis is explainable — each flag refers back to the items on which it is based —, bounded and open to challenge. It constitutes neither a decision, nor a finding of liability, nor a legal characterisation, and cannot on its own justify a deduction. Any decision relating to damage belongs to the Host, who is answerable for it.

10.3. Release of the Security Deposit. In the absence of a claim by the Host, the Security Deposit is released at the latest seven (7) days after departure. The release of an uncaptured authorisation is immediate on YStay's side; the time it takes for the imprint to disappear from the Guest's statement depends on their bank.

10.4. Claiming against the Security Deposit. In the event of damage, of a breach of the house rules or of costs of restoring the Accommodation, the Host may decide on a total or partial deduction. That decision belongs to the Host; it is reasoned, supported by evidence (in particular the condition reports), quantified against supporting documents, and communicated to the Guest within the seven (7) days following departure. The amount not deducted is released at the latest thirty (30) days after departure.

10.5. Challenge. The Guest may challenge a deduction with the Host, relying in particular on the items in the check-in condition report. The dispute is between the Guest and the Host; YStay does not arbitrate it and decides neither on the release nor on the deduction. Where the Host is a trader, the Guest may refer the matter to the consumer mediator designated in the Host's Rental Terms.

10.6. YStay's role. YStay makes available the technical items in its possession, in particular the condition reports, their time stamps and their hashes, at the request of the parties and in compliance with the protection of personal data.

Article 11 — Complaints, support and disputes

11.1. Complaint relating to the stay. Any complaint relating to the Accommodation, to its condition, to its equipment, to the welcome or to the performance of the stay is addressed to the Host, who alone is responsible for performing the stay contract.

11.2. YStay support. The Guest may call on YStay's support for any difficulty relating to the operation of the Booking Service, from their area or from the form provided for that purpose. No response or resolution time is guaranteed. Support does not take the place of the Host and does not settle disputes relating to the stay.

11.3. Freezing of data in the event of a dispute. Where a complaint or a dispute is opened in relation to a stay, the data relating to it are retained until it is resolved, by way of exception to the periods set out in Article 13.

11.4. Amicable settlement. The parties shall endeavour to settle their disputes amicably before taking any action.

Article 12 — Liability

12.1. The Host's liability. The Host is responsible for the conformity, the safety, the cleanliness and the availability of the Accommodation, for the accuracy of its Listing, for compliance with the regulations applicable to its activity and for the performance of the stay.

12.2. YStay's liability. YStay is responsible for the proper operation of the Booking Service. It is not responsible for the Accommodation, for the conduct of the Host or of the Guest, or for the performance of the stay contract. It does not guarantee the absence of any interruption or malfunction of the service and endeavours to remedy it as soon as possible.

12.3. The Guest's liability. The Guest is answerable for the damage caused to the Accommodation, to its equipment and to the neighbourhood by themselves or by the persons they host, and for compliance with the number of occupants declared.

12.4. Insurance. The Guest is invited to check that they have suitable insurance cover. The Host may require a certificate of insurance to be provided before arrival, provided that it has stated this in its Rental Terms; failing provision, it may refuse access to the Accommodation.

Article 13 — Personal data

13.1. Allocation of roles. For the stay data — Booking, access, check-in and check-out, condition reports, messages with the Host, and the internal assessment that the Host may record at the end of the stay for its sole use (never published or shared with other Hosts, accessible to the Guest on request) —, the Host is the Controller and YStay acts as a processor, on the Host's instructions. The messages between the Guest and the Host are private correspondence; YStay takes cognisance of them only at the request of one of them, in order to handle a report, or for the security of the service. For the guest account (credentials, language, preferences, notification tokens, certificates filed), for support and for the security of the service, YStay is the Controller.

13.2. Exercise of rights. The Guest exercises their rights of access, rectification, erasure, restriction, objection and portability with the Host for the stay data, and with YStay (privacy@ystay.app) for the processing for which it is responsible. A request addressed to YStay in respect of processing falling to the Host is forwarded to the Host, and the Guest is informed of this. The Guest may lodge a complaint with the CNIL.

13.3. Retention periods:

13.4. Accounting exception, stated without ambiguity. The anonymisation of the Booking after three years does not entail that of the invoice: the invoice bears the name of the Guest and is kept for ten years.

13.5. Reviews. Where a review has been published, its text, its rating and any reply from the Host are kept beyond anonymisation; the name of its author is then replaced by the word "Guest".

13.6. Full information. The purposes, legal bases, recipients, transfers and arrangements for exercising rights are set out in YStay's privacy policy and in the information provided by the Host as far as it is concerned.

13.7. Information notice in the booking journey. Before entering their contact details, the Guest receives an information notice stating the identity of the Host as Controller of the stay data, the purposes (management of the Booking and of the stay, access, condition report, messages), the recipients (YStay as processor, the Payment Provider and, where applicable, the connected lock provider), the retention periods, their rights and the Host's point of contact, together with the identity of YStay for the processing for which it is responsible.

Article 14 — Intellectual property, content and reporting

14.1. The Booking Service, its interfaces and its components remain the property of YStay. The content of the Listings remains that of the Host. The Guest refrains from any unauthorised reproduction or extraction.

14.2. Reporting illegal content. A Guest who considers that a Listing, a photograph, a message or a review is illegal may report it to [TO BE COMPLETED: content reporting address], stating the content concerned, its location and the reasons; a "Report" link is made available from the booking surfaces on [À COMPLÉTER : date de mise en service du formulaire de signalement]. YStay acknowledges receipt, examines the report diligently and informs the person who made it of the action taken. The Guest is themselves responsible for the content they publish (messages, reviews, condition report photographs); content that is removed is notified to them with a statement of reasons and they may challenge that decision at the same address.

Article 15 — Amendment of the Terms

Each version of these Terms is identified, dated and retained. The version applicable to a Booking is the one accepted by the Guest at the time of that Booking; a subsequent amendment is not enforceable against them for that stay.

Article 16 — Governing law, mediation and jurisdiction

16.1. Governing law. These Terms are governed by French law, without prejudice to the more protective mandatory provisions of the law of the country of the Guest's habitual residence where they reside in another Member State of the European Union (Article 6 of Regulation (EC) No 593/2008).

16.2. Prior complaint: contact@ystay.app for any difficulty relating to the Booking Service; the Host for any difficulty relating to the stay.

16.3. Consumer mediation. After a written complaint addressed to YStay has remained without a satisfactory response for two months, the Guest may refer the matter free of charge to the consumer mediator designated by YStay for any dispute relating to the Booking Service: [À COMPLÉTER : nom, adresse postale et site internet du médiateur de la consommation]. For a dispute relating to a stay entered into with a Professional Host, the Guest contacts the mediator designated by that Host in its Rental Terms.

16.4. Jurisdiction. Failing an amicable settlement, the dispute is brought before the courts having jurisdiction under the ordinary rules of law; the Guest may, at their choice, bring proceedings before the court of the place where they were living at the time the contract was entered into or at the time the harmful event occurred.

16.5. Language. These Terms are drafted in French and may be translated for the Guest's convenience. The French version prevails; the translations are provided subject to the mandatory provisions of the law of the country of the Guest's residence (Article 16.1).

Article 17 — Reviews

From [À COMPLÉTER : date d'ouverture du dépôt d'avis par le Voyageur] onwards, the Guest may, after their stay, submit a review of the Accommodation, upon an invitation sent at the end of the stay. The conditions for collecting, verifying (only Guests who have actually stayed are invited to do so), moderating, ranking and publishing reviews, together with the grounds for rejection and the Host's ability to reply to them, are described in YStay's review charter, published on its public site on the same date. The date of publication and the fact that the review has been verified are displayed with each review. The Host may neither write a review, nor alter its text or its rating; reviews received through a third-party distribution channel are not republished on the booking surfaces published by YStay.