Terms and Conditions of Use

General Terms and Conditions of Use (GTC) of BOOKING-BETTER

for Hosting Establishments 

Version : V1 

Date of last update : 01/01/2021

RECONTENTS

Preamble

Definitions

Article 1: Purpose of these Terms and Conditions of Use for Lodging Establishments

Article 2 : Description of the Booking-Better service

Article 3 : Listing of the Accommodation Provider and access to the Service

Article 4 : Terms and conditions for the marketing of Accommodation Offers

Article 5 : Booking process

Article 6 : Evaluation and control of the quality of the service provided by the Establishment to the Customers

Article 7 : Cost of membership and remuneration of BOOKING-BETTER.

Article 8 :  Duration of the Contract and termination

Article 9 : Compliance with fiscal and social regulations

Article 10 :  Personal data

Article 11 : Confidentiality

Article 12 : Liability and Insurance

Article 13 : Intellectual property of BOOKING-BETTER

Article 14 : Applicable version and modifications of the Terms of Use

Article 15 : General Provisions

Article 16 : Disputes

Preamble 

 BOOKING-BETTER (abbreviated to BB) is a SAS with a capital of €50,000 SIREN number: - registered office: 5 rue de la Wantzenau 67116 REICHSTETT (Grand-Est).  

Created in 2021 on the initiative of a hotelier, it operates from the website www.booking-better.com an online intermediation platform between professional accommodation establishments and consumer or professional customers.  

This platform allows the Establishments to reference their accommodation service offers, to enter into contact with Customers and to sell their accommodation services at a fixed price by means of direct contact. The payment will be made directly to the establishment without BOOKING-BETTER receiving any commission.

BOOKING-BETTER thus allows professionals to regain control of their marketing and bookings, by promoting ethical values, short circuits, CSR, and local employment, all this without a reasonable commission rate.  

For the customer, BOOKING-BETTER is also a means of direct booking and a facilitator that reassures them in their search for accommodation, with the guarantee of direct contact with the establishment without intermediaries.

The Accommodation Establishment wishing to be listed on the Platform operated by BOOKING-BETTER benefits from an attractive space to market its offers in accordance with the rules and principles applicable to them. This Party is hereinafter referred to in these GTC as the "Hosting Company or Company". 

It is in this context that the Parties have come together and defined the terms of their collaboration, materialised by the present Hosting Company GTC. 

Definitions 

In this Agreement, capitalized terms shall have the following definition:

• Customer: means a person, consumer or professional, who searches for and/or consults offers of Accommodation Services on the Platform, and where applicable, makes a reservation on the direct site of the Accommodation Providers.
• Hosting Company TOU: means these general terms and conditions of use for Hosting Companies.
• Contract: means the contractual package consisting of these Hosting Company TOU, any Hosting Company Special Terms of Use and any respective annexes.
• Hosting Company or Company: means a professional who offers Hosting Services on the Platform.
• Hosting Offers and/or Services: means the hosting offers and/or services offered by Hosting Providers on the Platform.
• Payment to the Hosting Company: The Establishment receives payment directly from its own payment intermediary connected to its channel manager.
• Parties: means Booking-Better and the Hosting Company that has signed this Agreement.
• Platform: means the technical platform accessible from the www.booking-better.com website and operated by BOOKING-BETTER for the consultation and, where applicable, the reservation by Customers of Accommodation Services with Accommodation Providers.
• Service: refers to the intermediation service provided by BOOKING-BETTER and described in the article "Description of the Service" of these Terms and Conditions.
• Article 1 - Purpose of these Terms of Use Hosting Establishments

The purpose of these General Terms and Conditions of Use is to define the conditions under which BOOKING-BETTER makes its Service available to Accommodation Establishments, with a view to the latter marketing their Accommodation Services to consumer or professional customers via the said Service. 

It is reminded, as necessary, that these Terms and Conditions of Business for Establishments constitute a contract of mandate within the meaning of Articles L311-5-1 of the French Tourism Code and Articles 1984 et seq. of the French Civil Code. When a Customer books an Accommodation Service with an Accommodation Provider, a direct contract is created between them, to which BOOKING-BETTER (mere agent) is not a party. 

The present Hosting Establishment TOU are concluded between BOOKING-BETTER and each Hosting Establishment and may, if necessary, be supplemented by Hosting Establishment Special Terms and Conditions of Use, these two documents then forming the Contract. Otherwise, the Hosting Facility TOS alone shall constitute the Agreement. The Agreement may be modified at a later date by the conclusion of amendments agreed between the Parties. 

This acceptance of the Agreement may be materialised by a validation click (of the "checkbox" type) when the Hosting Company registers for the Service or by any other means that ensures its knowledge and unreserved consent to the Agreement. At any time Hosting Establishments will have easy access to their consolidated Agreement with the new additions. Any major changes will be notified and explained by email a fortnight before the signature request. 

The choice of the payment intermediary is up to the Hosting Company and BOOKING-BETTER does not collect any payment from the customers. BOOKING-BETTER is only a platform for direct contact. 

Article 2 - Description of the Service 

The Service consists of the provision of a Platform operated by BOOKING-BETTER, accessible from the website www.booking-better.com, which allows Accommodation Providers to list and describe their Accommodation Services, to market them to Customers browsing the said website, and to put Customers in direct contact with the Accommodation Providers. 

In the context of the provision of this Service, BOOKING-BETTER acts as a mere host (within the meaning of the French Law for Confidence in the Digital Economy, No. 2004-575 of 21 June 2004, hereinafter referred to as "LCEN") of the content disseminated by the Hosting Provider on the Platform. 

The sale of Hosting Services is concluded directly between the Customer and the Hosting Company. 

BOOKING-BETTER IS IN NO WAY : 

- THE PUBLISHER OF THE CONTENT AND OFFERS DISTRIBUTED BY THE ESTABLISHMENT, WHICH RETAINS FULL RESPONSIBILITY FOR THEM

- PARTY TO THE HOSTING CONTRACTS PROPOSED BY THE ACCOMMODATION ESTABLISHMENTS THROUGH THE SERVICE AND UNDER THEIR FULL RESPONSIBILITY

Article 3 – Referencing of the Hosting Company - Access to the Service 

3.1. Conditions for referencing 

Professional Hosting Establishments whose personal situation meets the following cumulative conditions are eligible for the Service :

They are legal entities or natural persons :

• acting on their own behalf in the context of their usual professional commercial activity
• duly declared as such to the tax and social security authorities and in particular registered with the Registre du Commerce et des Sociétés for companies domiciled on French territory and with any equivalent register
  for companies domiciled in the European Union or outside the European Union
• have all the necessary authorisations to carry out their activity
• Holders of a business bank account with a credit institution located in the EU or EEA, and where applicable holders of a payment card allowing secure fund transfers, linked to their bank account
• holders of an insurance policy in accordance with the provisions of the "Insurance" article of these Hosting Terms and Conditions.

Access to the Service is limited to the opening of one account per Hosting Company, any duplicate account will be immediately deleted unless previously validated by BOOKING-BETTER. 

3.2. Referral procedures  

Prior to any listing request, the Hosting Company has access to, and undertakes to read, these Hosting Company Terms and Conditions. 

The Establishment must then apply for registration with BB by providing the following information beforehand : 

• its company name
• its registration references at the RCS or equivalent document for Establishments domiciled outside France
• its telephone number
• the name of its legal representative
• or by completing the form on the "Add your establishment" page of the site.

The Establishment undertakes to attest to the accuracy of the information and documents it provides and shall spontaneously notify BOOKING-BETTERB of any update to this information.  

BOOKING-BETTERB reserves the right to request any additional supporting documents, including after the Establishment's registration, and in particular a copy of the company's Declaration of Beneficial Owners. 

The Establishment shall be solely responsible for any damage of any kind, resulting even partially, from insufficient, inaccurate or out-of-date information. In particular, the Establishment acknowledges that it may be excluded from the Platform in the event of inaccurate or out-of-date information. BOOKING-BETTER will inform the Establishment of this exclusion in advance, stating the reasons for it. . 

The registration request must then be validated by BOOKING-BETTER. 

BOOKING-BETTER RESERVES THE DISCRETIONARY RIGHT TO REFUSE THE LISTING OF ANY ESTABLISHMENT.

3.3. Putting the establishment's accommodation offers online 

After communication of all the information requested and upon validation of its registration by BOOKING-BETTER, the Establishment shall provide BOOKING-BETTER (or any service provider mandated by it) with access by direct connectivity to its Channel Manager, in order to allow BOOKING-BETTER to have all the information required (descriptions and visuals of the offers, contractual conditions, internal regulations, availability via access to the establishment's reservation engine, etc.) to put online, by an automated technical process, the offers of Accommodation Services marketed by the Accommodation Establishment on the Platform. 

3.4.  Ranking and occurrence of offers in Customer search results 

Once the Hosting Service Offerings of the Hosting Company have been put online, their display in the search results of the Customers' searches may vary depending on various factors, including the search filters and criteria used by the Customers, as well as the characteristics of the Hosting Services offered by the Hosting Companies.

These criteria, filters and characteristics may include in particular: the geographical location of the Establishment, the dates and duration of the stay desired by the Customer, the prices, the Customer reviews relating to the Establishment (Google reviews), the type of Establishment, its possible official classification (stars, ears of corn, etc.), the services/amenities/activities/benefits offered by the Establishment, the possible themes of the Establishment (e.g. mountain, countryside, sea, etc.), the possible labels and others if necessary. 

BOOKING-BETTERB ensures the equality of the Establishments present on the Platform, i.e. with equal criteria, filters and characteristics, the default positioning of the offers in the Customer's search results is random, no Establishment being favoured over another. 

However, the Client may then sort the search results, in particular by price or by another criterion.

Article 4 – Terms and conditions for the marketing of Accommodation Offers  

BOOKING-BETTER is simply a host, within the meaning of the LCEN law, of the information, content and offers of the Hosting Company published on the Platform, and is not a party to the Hosting Service Contracts concluded directly between the Hosting Company and the Customers. As a reminder, BOOKING-BETTER cannot be held responsible for illegal or illegitimate services.

In accordance with the provisions of the LCEN, BOOKING-BETTER may nevertheless delete any information posted on the Platform by an Establishment in the event of notification by a third party of the illicit nature of this information or of a violation of a right.  

This being the case, the Establishment undertakes to comply with the following Terms and Conditions for the marketing of Accommodation Services and, more generally, with all the laws and regulations that apply to it in its capacity as a professional with regard to the Accommodation Services it markets on the Platform. 

4.1. Identification of the Hosting Company to the Customers 

The Hosting Company undertakes to expressly identify itself to Customers as acting in the capacity of a hotel professional and/or in connection with the hotel industry. 

It shall indicate to Clients all the elements enabling it to be identified and shall refrain in all cases from creating or maintaining any ambiguity as to its identity or independence with regard to BOOKING-BETTER, in particular in the context of its communications to Clients or any other third party (e.g. name of establishment, e-mail address or alias including the name "BOOKING-BETTER" or any other term likely to create confusion). 

4.2.  Marketed Hosting Services - Exclusion of certain content and types of Hosting Services. 

Hosting Offers and Content Prohibited in All Cases 

The Establishment acknowledges and warrants that it will not market on the Platform any content or offers of Hosting Services that are not permitted under any legal, regulatory or contractual provisions, including in particular offers or content of an erotic and/or pornographic nature; inciting violence, harassment, racial hatred or discrimination based on race, sex, religion, nationality, ethnicity, physical ability, sexual orientation or age; inciting the use of drugs or substances presented as having the effects of substances or plants classified as drugs. 

In the event of a breach of these prohibitions, the Hosting Company may be excluded from the Platform, under the conditions set out in the article "Duration of the Contract - Suspension and Termination" of these Hosting Company GCU. BOOKING-BETTER will notify the Hosting Company of this exclusion, stating the reasons for it. 

Hosting Service offers excluded from marketing due to an excessive number of negative comments 

The Establishment accepts, in order to protect the Customers and the brand image of BOOKING-BETTER, that certain offers of Accommodation Services that it markets on the Platform may be withdrawn from marketing by BOOKING-BETTER when they have given rise to an abnormally high number of negative reactions from Customers (including in particular complaints, customer reviews and requests for refunds). 

The Establishment will be contacted in advance by BOOKING-BETTER to inform it of a worrying number of negative reactions in order to enable it to rectify its Service Offer. However, BOOKING-BETTER will also inform the Establishment in advance of such withdrawal, stating the reasons for it. 

If these negative reactions affect a significant part of the offers marketed by the Hosting Company, the latter may be excluded from the Platform, under the conditions set out in the article "Duration of the Contract - Suspension and termination" of these Hosting Company GTC. BOOKING-BETTER shall give prior notice of such exclusion to the Hosting Company, setting out the reasons therefor. 

Compliance with the regulations in force 

The Hosting Company guarantees compliance with all applicable regulations relating in particular to the legal, compliance and safety conditions of the Hosting Services marketed via the Platform, and in particular in the following areas, without this list being considered exhaustive :

• hygiene, environment, health and safety
• specific regulations applicable to the possible marketing of certain products by the Establishment, particularly with regard to alcoholic beverages (obtaining a licence, displaying compulsory information, etc.)
  
• egulations applicable in terms of public decency and public order; conformity and completeness of the information relating to the accommodation marketed necessary for the perfect information of the Client, in particular when the latter is a consumer
• availability of the accommodation marketed by the Establishment
• compliance with the law and fairness of promotional operations and sales, particularly with regard to the announcement of prices and price reductions
  
• respect for the rights of third parties, in particular by ensuring that the Establishment holds all the intellectual or industrial property rights necessary for the marketing of the Accommodation Service Offers
• compliance with the regulations and principles applicable to competition and distribution law, unfair competition, and compliance with any distribution agreements (exclusive, selective, etc.) concluded between the Establishment and third parties. 
  

WHEN IT MARKETS ITS HOSTING OFFERS TO CUSTOMERS ACTING FOR PURPOSES OUTSIDE THE SCOPE OF THEIR PROFESSIONAL ACTIVITY (CONSUMERS OR NON-PROFESSIONAL LEGAL ENTITIES), THE ESTABLISHMENT UNDERTAKES TO COMPLY WITH THE OBLIGATIONS IMPOSED ON IT BY CONSUMER LAW, AND IN PARTICULAR : 

• OBLIGATION TO COMMUNICATE INFORMATION RELATING TO ITS IDENTITY,
• OBLIGATION TO PROVIDE PRE-CONTRACTUAL, CONTRACTUAL AND POST-CONTRACTUAL INFORMATION, OBLIGATION TO PROVIDE INFORMATION RELATING TO THE ABSENCE OF A RIGHT OF WITHDRAWAL
• COMPLIANCE WITH THE RULES RELATING TO UNFAIR, DECEPTIVE OR AGGRESSIVE COMMERCIAL PRACTICES.. 

BOOKING-BETTER undertakes to enable the Establishment to meet these obligations by providing it with sufficient and dedicated space. 

In the event of non-compliance with the regulations in force, the Establishment may be excluded from the Platform, under the conditions set out in the article "Duration of the Contract - Suspension and Termination" of these Hosting Establishment GCU. BOOKING-BETTER shall give prior notice of such exclusion to the Hosting Company, stating the reasons therefor. 

4.3. Description and presentation of the Hosting Offers - Information for Customers :

Accuracy and good faith of the descriptions of the Accommodation Offers :

The Establishment undertakes to describe the Accommodation Offers it offers on the Platform as accurately as possible and in good faith and to provide the Customer with all the pre-contractual information necessary for his informed consent, in accordance with the legal and regulatory provisions in force. The Establishment also undertakes to ensure that the visuals provided in the description associated with the Accommodation Service Offers it proposes (photographs, maps, etc.) are in accordance with the Accommodation Service Offers thus illustrated. 

The Establishment remains solely responsible for the accuracy of the information contained in the description of the Accommodation Service Offers it markets and undertakes to ensure that it is not likely to mislead Customers and prospective Customers, either as regards the characteristics of the Accommodation Service Offers, the associated guarantees and terms and conditions, or their price. 

General Terms and Conditions of Accommodation Services 

The Establishment undertakes to publish its general contractual conditions, applicable to all its Customers, as well as all their updates, and to make them fully accessible to BOOKING-BETTER at all times for communication to the Customer, so that the latter can fully understand and freely accept them before any reservation of Accommodation Services. 

BOOKING-BETTER undertakes to allow the Establishment to meet these obligations by providing it with sufficient and dedicated space. 

Prices of the Hosting Services 

The Establishment is free to determine the selling prices of the Accommodation Services and any ancillary services displayed on the Platform, subject to compliance with the regulations in force (in particular those relating to unreasonably low prices and with any legally authorised exceptions).  

The prices must be indicated by the Establishment including all taxes and charges (in particular VAT, tourist tax) and the Customer may not be asked to pay any sum other than that indicated on the Accommodation Service Offer, except for any additional services agreed with the Customer later. 

BOOKING-BETTER undertakes to enable the Establishment to meet this obligation by providing it with sufficient and dedicated space. 

In the event that an erroneous price is published on the Platform, the Establishment shall inform the Customers concerned within 24 hours of the Establishment becoming aware of the error. The Establishment may, if necessary, cancel the reservations and reimburse them, in accordance with the applicable regulations. The Establishment is invited, in order to anticipate any possible future difficulties, to foresee in its own general terms and conditions of Accommodation Services the consequences of possible errors in the display of prices of its Accommodation Services via the Platform. 

Availability :  

• The Establishment undertakes to update its availability in real time.
• The Establishment remains solely responsible in the event of unavailability of accommodation, which it alone has control over

Promotional operations : 

• When it decides to set up a promotional operation, the Establishment guarantees throughout the duration of the operation that the Offers will be maintained under the conditions initially defined for the operation (price and availability of the offers as well as any other terms of the operation).
• Promotional operations may also be organised jointly with BOOKING-BETTER. In this case, they will be the subject of specific agreements between BOOKING-BETTER and the Establishment wishing to participate, stipulating the terms and conditions of these operations. 

Article 5 – Reservation process : 

The Establishment is explicitly informed that BOOKING-BETTER attaches the utmost importance to the smooth running of bookings made by Clients with Establishments on its Platform. Aware of these decisive requirements, the Establishment undertakes in a general way to distribute its Offers and to handle the reservations, questions and complaints received as a knowledgeable, reasonable and informed professional. 

5.1. Validation and payment of the reservation  :

The reservation is paid by the Customer when booking online directly to the Establishment. BOOKING-BETTER does not receive any payment from customers. BOOKING-BETTER is a platform that puts the Customer in direct contact with the Establishment.

The sending of the booking confirmation and the invoice relating to the booking to the Customer is and remains the sole responsibility of the Property, which retains full responsibility for its obligations in terms of invoicing and its consequences in terms of taxation, and in particular the collection and payment of Value Added Tax (VAT) and the Tourist Tax. 

5.2. Performance of the Accommodation Service and handling of Customer complaints

The Establishment uses all necessary means to ensure the proper performance of its obligations and the provision of a quality service to the Customers, and in any case in accordance with the possible classification or certification of the Establishment. 

The Establishment is personally responsible for any questions, requests or complaints from the Customer relating to the reservation or execution of the Accommodation Service, even in the event that this request from the Customer is brought to the attention of the Establishment by BOOKING-BETTER. 

The Establishment shall settle any dispute between them directly with the Customer, and shall make its best efforts to reach an amicable solution, using its own technical means and dispute management processes, in compliance with the regulations in force. 

Article 6 – Evaluation and control of the quality of the service provided by the Institution to Clients

6.1. Quality of the establishment's communication with clients 

The Establishment undertakes to reply to e-mails from BOOKING-BETTER or from Clients as soon as possible after receipt and to adopt a courteous and respectful communication style in its exchanges with BOOKING-BETTER or Clients. 

All exchanges between the Establishment and BOOKING-BETTER are strictly confidential. The Establishment therefore undertakes not to disclose the content of these exchanges to a third party. The Establishment also undertakes not to damage BOOKING-BETTER's image in any way whatsoever, in particular by false, offensive, defamatory or slanderous statements about BOOKING-BETTER or its brands, trade names, members of staff, managers, agents and employees, on any medium or by any means (social networks, exchanges with customers, etc.). 

The Establishment guarantees to be able to communicate at least in French in its exchanges with the Client and to draft all the content it publishes on the Platform (description of products, general terms and conditions of services, etc.) in French. When the Establishment also provides a translation of this content, it shall ensure that the translation is accurate and faithfully reflects the French version. 

Violation of these commitments may result in the suspension or termination of the Agreement by BOOKING-BETTER under the conditions set out in the article "Duration of the Agreement - Suspension and Termination" of these Hosting Establishment TOU. 

6.2. Evaluation of Customer satisfaction  

The Hosting Company acknowledges and accepts that BOOKING-BETTER may in the future, at its discretion, set up a system of evaluation of the Hosting Companies by the Customers in order to increase their confidence in the purchase of Hosting Services on the Platform. 

However, the BOOKING-BETTER website does not allow customers to leave an evaluation or a rating for an establishment directly on the website. The customer is redirected to GOOGLE to consult the reviews already left for the establishment.

BOOKING-BETTER shall not be responsible for the comments and ratings posted by Customers and shall not be held liable in this respect. If the Establishment considers that a comment violates its rights, it shall immediately notify the site on which the review was left.

Article 7 – Cost of membership and remuneration of BOOKING-BETTER  

Registration to the Service by the Establishment and the publication of its Hosting offers on the Platform does not generate any cost for the Establishment. 

7.1. Cost of membership of BOOKING-BETTER (payable monthly or annually) 

The Establishment registered on the BOOKING-BETTER website pays a monthly or annual subscription fee according to the rates available on the www.booking-better.com website. No commission is charged on Customer reservations with Establishments.

7.3. Methods of invoicing BOOKING-BETTER by the Establishment

BOOKING-BETTER does not intervene in the payment process and therefore cannot be held responsible for any errors or inaccuracies relating to the payment of reservations, which the Establishment expressly acknowledges and accepts. 

BOOKING-BETTER membership invoices can be downloaded by the Establishment in its personal space. Payment of BOOKING-BETTER subscriptions shall be made between the 1st and 10th of each month by bank transfer, direct debit or credit card. 

In the event of late payment, late payment interest shall be due by operation of law on the due date of the invoice, at a rate equal to 3 times the legal interest rate, as well as a fixed indemnity of 40 euros for collection costs. 

Article 8 – Duration of the Contract - Termination

8.1. Duration of the Contract - Termination for convenience  

The Contract is concluded for a period of 12 months with tacit renewal. 

Either Party may terminate it without having to justify the reason, subject to compliance with a notice period of one month on the anniversary date notified by registered letter with acknowledgement of receipt. 

Termination for convenience shall not entitle either Party to any compensation. 

8.2. Suspension of access to the Service due to a breach by the Institution 

In the event of a breach by the Hosting Company of any of its legal or contractual obligations towards BOOKING-BETTER as well as towards Customers and third parties, BOOKING-BETTER may suspend the broadcasting of the Hosting Service Offers of the Hosting Company. 

This suspension does not relieve the Site of its obligation to continue to perform its obligations to BOOKING-BETTER, Customers and third parties. 

BOOKING-BETTER undertakes to always inform the Establishment in advance of any suspension and to explain the reason for it, in order to possibly open a mediation procedure 

8.3. Termination of the Contract for breach of contract by the Establishment 

In the event of a breach by the Establishment of any of its obligations under this Agreement, BOOKING-BETTER may, after a formal notice sent by registered letter with acknowledgement of receipt which has remained without effect for a period of 15 days, terminate this Agreement, simply by sending a registered letter with acknowledgement of receipt and without the Establishment being entitled to claim any compensation. This applies in particular to any breach by the Establishment of the obligations included in the following articles: Article 3 - Listing of the Accommodation Provider - Access to the Service; Article 4 - Terms and Conditions for the Marketing of Accommodation Services; Article 5 - Reservation Process; Article 6 - Evaluation and control of the quality of the service provided by the Provider to the Customers

In the event of serious and/or repeated failure by the Establishment to fulfil its obligations, BOOKING-BETTER may terminate the Contract without prior notice and without the Establishment being entitled to claim any compensation. In particular, the following breaches are considered serious, without this list being exhaustive: fraud; false declarations; insulting statements; counterfeiting; infringement of the rights of third parties; failure to comply with regulations relating to the lawfulness, conformity and safety of accommodation and commercial practices, including the failure of the Establishment to justify their lawfulness within the time limits; failure to comply with consumer law where applicable, as well as with the Establishment's tax and social security obligations; failure to pay the membership fee on time

8.4. Lapse and Termination of the Contract for inactivity of the Institution  

In the event that the Hosting Service Offerings of the Establishment have not been integrated into the Platform within 3 months of the signing of the Agreement, the Agreement shall automatically lapse without the need for any prior formal notice.  

8.5. Termination of the Agreement in the event of termination of the agreement between the Institution and the Payment Service Provider  

The termination of the contract between the Institution and the Payment Service Provider of the Platform shall result in the termination of the Contract between BOOKING-BETTER and the Institution as of the effective date of such termination, unless a new Payment Service Provider is substituted. 

8.6. Effects of termination of the Agreement  

The termination or lapse of the Contract does not exempt the Parties from fulfilling the obligations entered into up to the date of its taking effect. In particular, the Establishment undertakes to carry out the reservations made by Clients before the date on which the Contract is terminated or lapses, in accordance with its legal and contractual obligations, which includes in particular the proper performance of its obligations subsequent to the reservation, including the management of Client complaints until they are fully resolved. 

In the event that the Establishment remains indebted to BOOKING-BETTER on the effective date of the termination or lapse, for whatever reason, it undertakes to reimburse BOOKING-BETTER for the corresponding amount. 

The termination or lapse of the Agreement shall not affect the validity of the rights and obligations provided for in the Agreement which, by their nature or because of the specific provisions, extend beyond the term or such termination, both for the Parties and for their assignees, until their respective expiry date. 

Article 9 – Compliance with fiscal and social regulations

The Parties undertake to comply with the applicable legislation relating to the exercise of their activity (in particular registration, accounting, social and tax obligations). 

BOOKING-BETTER undertakes to comply with the fiscal and social regulations applicable to online trading platforms.

In the BOOKING-BETTER back-office, each Establishment has access to its subscription invoices as well as to the traffic statistics on its descriptive page. This back office is accessible at any time by the Institution.

BOOKING-BETTER also reminds the Establishment that it remains fully responsible, with regard to the Hosting Services marketed, for the collection and payment of any tax or duty, and for the payment of any related tax, fee or remuneration. In particular, the Establishment undertakes to declare and pay back the VAT and tourist tax collected in accordance with the tax regulations in force that apply to it and acknowledges that BOOKING-BETTER cannot in any way be held responsible in this respect. 

Article 10 -Personal data 

10.1. Personal data of the Establishment and individuals acting on its behalf 

Within the framework of the Agreement, BOOKING-BETTER may collect and process personal data relating to the Establishment itself if it is a natural person and/or to natural persons operating, managing, acting as agents and employees of the Establishment who are privileged contacts of BOOKING-BETTER (hereinafter referred to as "the Data Subjects"). 

This collection and processing is necessary for the conclusion and performance of the Contract and is also necessary for BOOKING-BETTER, in its capacity as host of the content disseminated by the Establishment, to comply with its legal obligations, which require it in particular to hold and retain data likely to enable the identification of any person who has contributed to the creation of the hosted content. 

The purposes of the processing carried out by BOOKING-BETTER, in its capacity as data controller, are as follows: provision of the Service which is the subject of this Agreement, processing of requests for information and complaints, publication of statistics, compliance with BOOKING-BETTER's legal obligations, in particular with regard to tax, social security and criminal law.. 

The Institution and the Data Subjects are informed that personal data may be transmitted to BOOKING-BETTER's subcontractors for the above-mentioned purposes. Such subcontractors shall only act on instructions from BOOKING-BETTER and exclusively on its behalf. BOOKING-BETTER ensures in all cases that its subcontractors take all necessary measures to preserve the security and confidentiality of personal data entrusted to them.

BOOKING-BETTER may also disclose the personal data of the Site or of individuals acting on its behalf, in particular at the request of a legal authority in accordance with the regulations in force, or to protect or defend the rights of BOOKING-BETTER, the Clients or any third party if circumstances make such disclosure necessary. 

Personal data will be retained for a period of time that is adequate, relevant and not excessive in relation to the purposes for which it was collected and its further processing. Unless otherwise provided by law or regulation, data will not be retained beyond the effective date of termination of the Contract.  

These limitations on the period of retention are without prejudice to any legal or regulatory obligations to archive data where these exist and to the retention required to establish proof of a right or a contract which may be archived in accordance with legal provisions. 

In the event of a data breach (loss, intrusion, destruction, etc.) involving high risks for the Data Subject, the latter will be informed.  

In all cases, in accordance with the regulations in force, Data Subjects have the right to access, rectify, delete, limit, object to, and port their data, the right not to be the subject of an automated individual decision (including profiling) and the right to appeal to the CNIL. 

Any Person Concerned may make use of this right free of charge at any time by sending a request to this effect indicating his/her surname, first name, e-mail address, the identifier of the Establishment concerned and enclosing proof of his/her identity : 

- Either by e-mail to BOOKING-BETTER at the following address: contact@booking-better.com  ; 

- Or by post to the address: BOOKING-BETTER, 5 Rue de la Wantzenau 67116 REICHSTETT (reimbursement of the stamp used is possible on request when sending the post. Reimbursement will be made on the basis of the current rate, at the rate of one stamp per envelope). 

10.2. Personal data of Customers  

BOOKING-BETTER collects and processes the personal data of Customers or potential Customers who register on its Platform, in compliance with the obligations of information, loyalty and transparency established by the applicable regulations on personal data. BOOKING-BETTER acts in this capacity as a Data Controller within the meaning of French and European regulations on the protection of personal data. 

This data is, in whole or in part, communicated to the Establishment at the time of the reservations made by the Customers so that the Establishment can conclude and execute the Accommodation Services contracts. The Establishment then becomes jointly responsible for the processing of the personal data thus communicated.

Requests to exercise their rights by Customers addressed to BOOKING-BETTER are processed by BOOKING-BETTER, which passes them on to the Establishment when they also concern it, so that the latter can take the necessary measures in compliance with the regulations in force. 

When a Customer requests to exercise his rights directly with the Establishment, the latter must transmit this request upon receipt by e-mail to BOOKING-BETTER if it is also concerned, which will proceed with its processing: contact@booking-better.com 

The Establishment shall implement and maintain, at its own expense and at its own cost, in order to guarantee a level of security appropriate to the risk and according to the needs, the technical and organisational measures required to comply with the regulations in force relating to the protection of personal data and, in any event, in accordance with a level of security appropriate to the risks represented by the processing and the nature of the Clients' personal data. 

The Establishment shall immediately notify BOOKING-BETTER after becoming aware of any personal data breach that may concern or have consequences for BOOKING-BETTER, by e-mail to: contact@booking-better.com

This notification shall be accompanied by any useful documentation in order to allow BOOKING-BETTER to judge the appropriateness, if necessary, of notifying this violation to the competent control authority . 

The Parties agree to use their best efforts to assist each other in complying with their legal obligations, in particular to respond to requests from Customers to exercise their rights. 

In any event, the Establishment shall indemnify BOOKING-BETTER, to the extent of its share of responsibility, for damages and prejudice of any kind (including in particular: loss of income, damage to image, moral prejudice, legal costs), suffered by BOOKING-BETTER as a result of a breach committed by the Establishment of regulations relating to the protection of personal data in the context of, or in relation to, the present Contract. 

Article 11 - Confidentiality

The Contract, as well as the information exchanged by the parties, by any means whatsoever, written or oral, even incidentally, within the framework of the pre-contractual negotiations and then on the occasion of or as a result of the performance of the Contract, are all presumed to be confidential, without the party transmitting them needing to confirm the confidential nature of the information transmitted. 

The Parties therefore undertake, both on their own behalf and on behalf of their managers, employees, agents and subcontractors, for whom they are respectively responsible, not to disclose the said documents and information to any unauthorised person and in any form whatsoever, and not to use them for personal purposes and/or outside the negotiations referred to above and the performance of the Contract, except with the express, prior and written authorisation of the other Party or if ordered to do so by the courts or an administrative or supervisory authority. 

The Parties shall take all steps to ensure that confidential information is not disclosed to unauthorised third parties. They shall ensure that their employees and any subcontractors comply with the Contract and undertake to have them sign such a confidentiality agreement.

Upon termination of the Contract, for whatever reason, the Parties undertake, both on their own behalf and on behalf of their managers, employees and agents, to delete or return without delay, at the option of the other party, all confidential documents obtained during or as a result of the Contract.  

The parties expressly agree that failure to comply with the obligations stipulated in this article shall constitute a serious breach of contract incurring contractual liability and justifying the immediate termination of the Contract by the other party without notice or compensation. 

This confidentiality undertaking shall continue to apply after the termination of the Agreement, as long as the information concerned is not made public. 

Without prejudice to the provisions of this article, the Establishment may mention the existence of its commercial relationship with BOOKING-BETTER by way of reference, by submitting the communication media to BOOKING-BETTER for validation beforehand. 

Article 12 - Liability - Insurance  

12.1. Responsibility of the Establishment  

The Establishment is solely responsible for the Hosting Services offered and provided through the Platform. BOOKING-BETTER shall therefore not be held liable for any direct or indirect, material or immaterial damage of any kind suffered by the Establishment, Customers or any third party relating to the Hosting Services, their marketing, their contractual terms and conditions, their performance or non-performance. 

In particular, the Establishment shall be liable to BOOKING-BETTER, Customers and third parties in the event of infringement of intellectual or industrial property rights of third parties (trademark, copyright and related rights, designs and models, patent, etc.) or of publication of illegal content. ) or the publication of unlawful content or the violation of a selective or exclusive distribution network or any other norm of distribution law, competition law or fair trading law or the violation by the Establishment of the regulations applicable to the lawfulness, conformity and security of the Hosting Services and the conditions of their marketing or the failure of the Establishment to comply with the regulations on personal data. 

Any complaint relating to the Hosting Services or their marketing brought to the attention of BOOKING-BETTER by a Customer or any other third party in any capacity whatsoever shall be forwarded to the Establishment concerned, which shall assume sole responsibility for it. 

In any event, the Establishment undertakes to respond promptly to any third party claiming a violation of its rights and to do everything necessary to resolve any related dispute. 

The Establishment guarantees and indemnifies BOOKING-BETTER, its directors and employees, at first request, against damages of any kind (including in particular : loss of income, damage to image, moral prejudice, legal costs), and against any liability action that may be brought against them due to the violation by the Establishment of any right whatsoever of a third party, including the rights of a Customer, whether this damage results from the offers to market the Hosting Services, the Hosting Services themselves, their contractual conditions, the use made by the Establishment of the Service, or the use of the Service by the Customer. 

12.2. Liability of BOOKING-BETTER

As BOOKING-BETTER is not a party to the Hosting Services Contract between the Site and the Customer, it shall not be held liable in the event of a dispute relating to the Hosting Services offers disseminated by the Site, the conclusion of Hosting Services contracts or their performance or non-performance. 

As host (in the sense of the LCEN) of the contents published by the Establishment on its Platform (and the website www.fairbooking. com which is the access point for the public), FAIRBOOKING cannot be held liable in the event of litigation (in particular with regard to counterfeiting) relating to information published by the Establishment (texts, images, photos, brands, logos, etc.), as long as BOOKING-BETTER has not been notified of the existence of such content published on the Platform that it operates. In this respect, it is recalled that, in this capacity, BOOKING-BETTER may withdraw any contentious content disseminated by the Establishment upon receipt of a written notice informing it of the potentially infringing or otherwise illicit or harmful nature of such content for a third party. 

BOOKING-BETTER shall use all means at its disposal to perform all of its obligations under the terms of this Agreement, in accordance with its purpose of technical intermediation between an Establishment and a Client. 

BOOKING-BETTER cannot, however, guarantee the accessibility and continuous operation of the Platform, and cannot be held responsible for operating, data or information losses, breakdowns or malfunctions of the Platform or the website www.booking-better.com. 

BOOKING-BETTER's liability towards the Establishment can only be incurred for facts that are directly attributable to it. BOOKING-BETTER shall not be liable for indirect damages, in particular loss of economic profit (e.g. loss of opportunity to sell Hosting Services in the event of unavailability of the Service). BOOKING-BETTER shall not be liable for the misuse of the Service by the Establishment. In all cases, the maximum amount of compensation shall not exceed the total amount of commissions paid by the Establishment to BOOKING-BETTER via the Platform during the last 6 months preceding the harmful event. 

In the event that the Establishment finds itself in a situation of economic dependence with respect to BOOKING-BETTER, the latter shall inform BOOKING-BETTER by registered letter with acknowledgement of receipt and indicate what measures it intends to implement immediately in order to rectify the situation. BOOKING-BETTER shall not be held liable for any situation of economic dependence in which the Establishment has placed or maintained itself in relation to BOOKING-BETTER and which is the result of a deliberate choice by the latter. 

12.3. Insurance

The Establishment declares that it holds one or more insurance policies covering its contractual and tortious civil liability, for a sufficient amount with a company that is known to be solvent, for all material, immaterial and physical damage that it is likely to incur in the course of its activity on the Platform.

The fact of having insurance as described above does not in any way exonerate the Establishment from its responsibilities, in particular with regard to damage that is not covered by its insurance or damage for which the amounts exceed the sums guaranteed by the latter. 

In order to justify the guarantees actually taken out, the Establishment undertakes to present the corresponding insurance certificates, up to date with the premiums, prior to signing the Contract. 

The Establishment undertakes to keep these insurance policies in force for as long as it has any obligation under the Contract. 

Article 13 –  Intellectual property of BOOKING-BETTER 

The Contract concluded between BOOKING-BETTER and the Establishment does not confer any right on the latter to the intellectual and industrial property rights, nor to the know-how that BOOKING-BETTER holds and uses in the context of the execution of the Service and the operation of its Platform. Consequently, the Establishment shall refrain from infringing these rights and in particular the works, trademarks, logos, designs, software, databases and know-how of which BOOKING-BETTER is the owner. 

Article 14 – Applicable version and modifications of the Terms and Conditions of Use for Establishment 

The Hosting Company TOS applicable to the relationship between BOOKING-BETTER and the Hosting Company are those in effect on the day the Hosting Company subscribes to the Service.  BOOKING-BETTER reserves the right to modify these Hosting Facility TOS.  

Establishments will be informed of such changes by an e-mail sent by BOOKING-BETTER at least 15 working days before the effective date of the modified Hosting Establishment TOU. The Hosting Company is free to accept the modified Hosting Company TOU or to terminate its use of the Service, either in accordance with the section "Term of Contract - Termination for Convenience" of these Hosting Company TOU, or by notifying BOOKING-BETTER. 

At the end of the 15 day period mentioned above, and in the absence of a notice of termination sent by the Hosting Company, the Hosting Company shall be conclusively deemed to have accepted the modified Hosting Company TOS. . 

The modified Hosting Company TOS shall take effect as soon as they come into force for the Hosting Service offers marketed by the Hosting Company on the Platform. However, they shall not apply to bookings in progress (i.e. already validated by the Customer) at the time they come into force. 

Article 15 – General provisions

15.1. Entirety 

The Contract, as defined in the article "Definition" of the present document, constitutes the entire agreement of the Parties within the limits of its object. It therefore replaces and cancels any previous verbal or written agreement.  

15.2. Severability 

If any of the provisions of the Contract are invalidated in whole or in part pursuant to a law, a regulation or a final decision of a competent court, the validity and scope of the remaining provisions of the Contract shall not be affected. In this case, the Parties shall, if possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of the Contract. 

15.3. Headings 

The headings of the articles of the Contract are for ease of reference only and are not intended in themselves to have any contractual value or special meaning. 

15.4. Tolerance 

No tolerance, whatever its nature, scope, duration or frequency, shall be considered as creating any right and shall not lead to limiting in any way whatsoever the possibility for each of the Parties to invoke each of the clauses of the Contract at any time without any restriction. 

15.5. Non-transferability  

As the Contract is concluded individually, the Establishment may not transfer its rights and obligations resulting from the Contract to any third party, in any form whatsoever, in particular by way of contribution to a company, transfer of business, management lease or transfer of contract, without the prior express written agreement of BOOKING-BETTER. 

15.6. Force majeure 

Each of the Parties shall not be held liable for a breach of any of its obligations under the Contract resulting from the occurrence of a case of force majeure comprising all the characteristics required by French case law, provided however that the Party invoking such a case notifies the other Party of its existence as soon as possible, that it does its best to limit the consequences and finally that it resumes performance of the Contract immediately after the case of force majeure has disappeared. 

15.7. Agreement on proof  

The computerised registers, any back office, documents and acknowledgements of receipt kept in the Platform's computer systems under reasonable security conditions shall be considered valid proof of the communications and exchanges of data and information between the Parties.

15.8. Notices and choice of domicile 

Except where the Contract or the law provides for a particular form of notification, the Parties shall validly communicate with each other either via the Platform's internal messaging service, or by email, or by fax with acknowledgement of receipt, or by post. 

For the performance of the Contract and its consequences, the Parties respectively elect domicile at the place of their registered office. 

Article 16 – Disputes 

This Contract is subject to French law. 

In the absence of conciliation, any dispute which may arise in connection with the negotiation, conclusion, performance, interpretation or termination of the Agreement shall be submitted exclusively to the competent courts within the jurisdiction of BOOKING-BETTER's registered office, including in the event of emergency or protective proceedings, summary proceedings or applications, and even in the event of an incidental claim, multiple defendants or a guarantee appeal. 

 

 

General terms of use of BOOKING-BETTER

for the use of Clients

Version : V1

Date of last update : 01/01/2021

SOMMAIRE

Preamble
Definitions
Article 1	- Purpose of these GCU Client
Article 2	- Description of the Service offered on the Platform
Article 3	-  Access to the Service
Article 4	- Terms and conditions for the marketing of Hosting Services
Article 5	- Reservation process
Article 6	- Evaluation of Customer Satisfaction
Article 7	-  Duration - Termination
Article 8	- Personal data
Article 9	-  Liability - Insurance.
Article 10	- Intellectual property of BOOKING-BETTER and related rights
Article 11	- Applicable version and modifications of the Customer TOU
Article 12	- General Terms and Conditions

 

Preamble

BOOKING-BETTER est une SAS au capital de 50000€ ( SIREN :899 368 971 00011 - siège social : 5 Rue de la Wantzenau 67116 REICHSTETT).

Created in 2021 on the initiative of a hotelier, it operates from the website www.booking-better.com an online intermediation platform between professional accommodation establishments and customers, whether consumers or professionals.

This Platform allows Establishments, after subscribing to the intermediation service, to list their Accommodation Offers, to enter into contact with Customers and to sell their Accommodation Services directly and without intermediaries.

BOOKING-BETTER thus enables professionals to take control of their marketing and bookings, by promoting ethical values, short circuits, CSR and local employment, with reasonable commission rates.

For the Client, BOOKING-BETTER also constitutes a means of direct booking and a facilitator that reassures him in his search for accommodation, with the guarantee of direct contact with the Establishment, the intermediation service offered by BOOKING-BETTER being free of charge for the Client.

The purpose of these General Terms and Conditions of Use is to govern the contractual relationship between BOOKING-BETTER, operator of the Platform and the intermediation service, and any Client using the latter.

BOOKING-BETTER IS IN NO WAY :

• THE PUBLISHER OF THE CONTENT AND OFFERS DISSEMINATED BY THE HOSTING ESTABLISHMENTS, WHICH RETAIN FULL RESPONSIBILITY FOR THEM
• PARTY TO THE ACCOMMODATION CONTRACTS OFFERED BY THE ACCOMMODATION ESTABLISHMENTS THROUGH THE SERVICE AND UNDER THEIR FULL RESPONSIBILITY

Definitions

In this Agreement, capitalized terms shall have the following definition :

• Customer: means a person, consumer or professional, who searches for and/or consults offers of Accommodation Services on the Platform, and where applicable makes a reservation on the Platform with Accommodation Establishments.
• Customer TOU: means these General Terms and Conditions of Use applicable to all Customers.
• Contract: refers to the contractual package consisting of these Customer Terms and Conditions, any special Customer Terms and Conditions of Use and any of their respective annexes.
• Hosting Company or Company: means a professional who offers Hosting Services on the Platform.
• Hosting Offers and/or Services: means the hosting offers and/or services offered by Hosting Establishments on the Platform.
• Parties: means BOOKING-BETTER and the Customer who has signed these Customer Terms and Conditions.
• Platform: means the technical platform accessible from the www.booking-better.com website and operated by BOOKING-BETTER for the consultation and, where applicable, the reservation by Customers of Accommodation Services with Accommodation Providers.
• Service: refers to the intermediation service provided by BOOKING-BETTER and described in the article "Description of the Service" of these Terms and Conditions of Sale for Hosting Establishments.

Article 1 - Purpose of these Terms and Conditions :

The purpose of these Terms and Conditions of Use is to define the conditions under which BOOKING-BETTER, as part of its Service, makes its Platform available to Customers, with a view to the consultation and, where applicable, the reservation by the latter, via the Platform, of Accommodation Services marketed by the professional Accommodation Establishments which are referenced there.

By accessing the website www.booking-better.com, and/or by making a reservation, the Customer declares that he/she has read these general conditions of use and the privacy and cookie policies of BOOKING-BETTER, understands their scope and accepts them.

Article 2 - Description of the Service offered on the Platform::

The Service consists of the provision of a Platform operated by BOOKING-BETTER, accessible from the website www.booking-better.com, allowing Customers to browse, search, consult the offers of Accommodation Services marketed by the Hosting Establishments registered on the Platform, and if necessary to contact them free of charge in order to proceed with the reservation of such Accommodation Services and to pay the price online by means of a secure payment process directly with the Hosting Establishment.

In the context of the provision of this Service, BOOKING-BETTER acts as a mere host (within the meaning of the French Law for Confidence in the Digital Economy, No. 2004-575 of 21 June 2004, hereinafter "LCEN") of the content disseminated by the Hosting Establishment on the Platform.

The transactions carried out by the Customer are concluded directly between the Customer and the Hosting Company.

Article 3 – Access to the Service :

Access to and use of the Service is subject to acceptance of these Customer Terms and Conditions, which may be amended at any time.

By accessing or using the Service, the Customer agrees to read and accept these Customer TOU and any amendments thereto in force at the time of access or use. If the Client does not agree, he/she is invited not to access and use the Service.

The use of the Service to book Accommodation Services requires the express acceptance of these Customer TOU prior to the booking.

The use of the Service is free of charge for the Customer (excluding any connection costs charged by the Customer's internet service provider).

The use of the Service does not entail any obligation to purchase on the Platform.

Only the reservation of Accommodation Services at Accommodation Establishments is subject to payment to these Accommodation Establishments, under the conditions set out in the general contractual conditions of the Accommodation Establishment(s) concerned.

The use of the Service by the Customer is strictly personal.

In order to make reservations for Accommodation Services via the Service, the Customer must follow the instructions that will be displayed on the screen during the online reservation process.

In particular, the Customer must fill in all the information marked as mandatory, and in particular those required by the Payment Service Provider and the Accommodation Establishment, failing which the reservation cannot be validated. The Customer may also provide any optional information requested. In all cases, The Customer undertakes to provide only up-to-date, accurate, sincere, not misleading information The Customer will be solely responsible for any damage of any kind, even partially, resulting from insufficient information, inaccurate or undiscounted information. In particular, the Client acknowledges that it may be excluded from the Service in the event of inaccurate information.

The Customer who undertakes to take all necessary measures to avoid any possible theft of his identity. The Client undertakes to notify BOOKING-BETTER immediately and authorises it to take any appropriate action should such a possibility occur. 5

The Customer shall take personal responsibility, at its sole expense, for the acquisition, installation, maintenance and connection of the various elements of the configuration and the means of telecommunications necessary for access to and use of the Service. The Customer is solely responsible for the proper functioning and use of its computer equipment as well as its internet access and means of payment

BOOKING-BETTER may interrupt access to the Service at any time, in particular for reasons of maintenance or updating, without notice and without this interruption giving entitlement to any compensation for the Customer.

Article 4 – Conditions for marketing Hosting Services :

4.1. General Provisions

BOOKING-BETTER being a simple hosting provider, within the meaning of the LCEN law, of the information, contents and offers of the Hosting Institution disseminated on the Platform, and not being party to the Hosting Services contracts concluded directly between the Hosting Establishments and the Customers, it is recalled that it is not responsible for the information disseminated by the Hosting Establishments on the Platform, and in particular their possible illegality, and more generally the conditions for marketing the Hosting Services offered by them.

In accordance with the NWCA, BOOKING-BETTER may, however, delete any information posted on the Platform by a Hosting Institution in the event of notification by a third party of the unlawfulness of this information or of a violation of a right..

Each Hosting Institution present on the Platform undertakes, at the time of its registration, to comply with all the regulations incumbent on it in its professional capacity having regard in particular to the conditions of lawfulness, Compliance and security of Accommodation Services marketed through the Service, as well as under tax and social regulations.

In particular, when they market their Hosting Services to Customers acting for purposes outside the scope of their professional activity (consumers or non-professional legal persons), the Accommodation Establishments undertake to respect the obligations imposed on them by the consumer law, and in particular: obligation to communicate information relating to their identity, obligation to provide pre-contractual and postobligations relating to possible legal guarantees or compliance with rules on unfair, misleading or aggressive commercial practices.

In particular, the Accommodation Establishments have the obligation to inform the Customers of the absence of any right of withdrawal with regard to the Accommodation Services that must be provided on a specific date or period, in accordance with article L.221-28 of the Consumer Code.

Accommodation establishments that do not respect the commitments thus made may be excluded from the Platform.

4.2. General Conditions for Accommodation Services

The Accommodation Establishments publish online the general contractual conditions relating to the Hosting Services that they sell, applicable to all Customers of the Platform, as well as all their updates. The Accommodation Establishments determining only the content of these general conditions of Accommodation Services, BOOKING-BETTER cannot be held responsible for their content.

4.3. Price of Accommodation Services

The Hosting Institution freely determines the selling prices of the Hosting Services and any ancillary services that it sells on the Platform subject to compliance with the regulations in force.

The prices must be indicated by the Accommodation Establishment all taxes and fees included (including VAT) and the Customer may not be asked to pay any amount other than that shown on the Accommodation Services offer (except for any additional services agreed in addition with the Client), however, it being specified that the payment of certain fees may only occur once on site.

In the event that an incorrect price is distributed on the Platform, the Institution shall inform the Customers concerned within 24 hours of the Institution’s knowledge of the error. In this case, the Institution may cancel reservations and refund them, in compliance with the applicable regulations.

4.4. Completeness and Availability

Only Professional Accommodation Establishments that have subscribed to the Intermediation Service provided by BOOKING-BETTER are listed on the Platform.

The Accommodation Establishments referenced on the Platform do not necessarily offer all of their Accommodation Services offers on the Platform, and BOOKING-BETTER cannot therefore guarantee Customers an exhaustiveness in this regard.

The Accommodation Establishments undertake, with regard to their Hosting Services offered on the Platform, to update their availability in real time. The Accommodation Establishments remain solely responsible in the event of unavailability of the accommodation, of which they have sole control. The updating of availabilities may take some time due in particular to technical constraints.

4.5. Ranking and Occurrence of Offers in Customer Search Results

The display of Hosting Services offers in the results of searches carried out by the Customers may vary according to various factors and in particular the filters and search criteria used by the Customers, as well as the characteristics of the Accommodation Services offered by the Establishments.

These criteria, filters and characteristics may include: the location of the Establishment’s geographical location, the dates and duration of the stay desired by the Client, the prices, the Clients' opinions relating to the Establishment (if implemented), the type of establishment, its possible official classification (stars, ears, etc.), the services/amenities/activities/benefits offered by the Institution, the possible themes to which the Institution belongs (e.g.: mountain, countryside, sea, etc.), any environmental type labels and certifications (e.g. European Ecolabel, Green Key).

BOOKING-BETTER ensures the equality of the Institutions present on the Platform, namely that with equal criteria, filters and characteristics, the default positioning of the offers in the Customer’s search results is random, No institution is favoured over another.

The Customer will however be able to then sort these search results, in particular by price or another criterion.

It is also stated that the Accommodation Establishments only have a contractual relationship with BOOKING-BETTER, and have no capital link with BOOKING-BETTER, which is an SAS. It is however specified that the Accommodation Establishment that wishes to disseminate its offers must adhere by contract to BOOKING-BETTER.

For more information on the conditions for referencing/de-indexing Establishments and Hosting Services on the Platform, please refer to the Hosting Establishments TOU.

Article 5 –  Booking Process :

BOOKING-BETTER attaches paramount importance to the smooth running of bookings made by Customers with the Institutions operating on its Platform. Aware of these decisive requirements, the Institutions undertake in a general way to disseminate their offers and to process the reservations, questions and complaints received in diligent, reasonable and informed professionals.

5.1.  Booking validation and payment

Before making any reservation, the Customer:

- ensures the compliance and completeness of the information provided to the Accommodation Establishments during the booking process ;

- eads and accepts all the contractual conditions of the Accommodation Establishment, including its general conditions, its conditions of cancellation, no-show, refund, important information and/or the internal rules of the Accommodation Establishment, including any services or related products offered by the Accommodation Establishment.

- reads and accepts these BOOKING-BETTER Customer Terms and Conditions, as well as the Privacy Policy and the BOOKING-BETTER Legal Notice.

The Customer must then proceed with the payment to confirm his reservation. The payment of the reservation by the Customer constitutes acceptance of all the terms of the contract and in particular the prices, descriptions, contractual conditions of the Accommodation Services reserved.

The Customer is reminded of the absence of any right of withdrawal with regard to Accommodation Services that must be provided on a specific date or period, in accordance with article L.221-28 of the French Consumer Code.

Therefore, once the booking has been paid, it may not be modified or cancelled or given rise to a refund unless in accordance with the contractual conditions of the Accommodation Establishment.

The Hosting Services contract is concluded directly between the Customer and the Hosting Establishment. BOOKING-BETTER is in no way a party to this contract or to the contracts which may constitute the continuation or the accessory thereof, with the exception of these Customer Terms.

Once the payment has been made, an email summarizing the order is sent to the Customer by the Hosting Institution.

Exceptionally, the booking may be declined by the Accommodation Establishment or subject to cancellation, in accordance with the contractual conditions of the Accommodation Establishment. In this case, the Customer will be immediately informed by the Hosting Institution and will be the subject of a full refund of its payment.

In certain cases, including non-payment, incorrect address or other problem related to the Customer, the Accommodation Establishment reserves the right to block the Customer’s reservation until the problem is resolved. The cancellation of the reservation concerned and its possible refund can then be decided.

If you have any questions regarding the follow-up of a booking, the Customer can contact the Accommodation Establishment at the coordinates indicated in its contractual conditions.

5.2. Payment of the reservation

The payment of the Hosting Services by the Client to the Hosting Institution is made directly. The banking data of the Customer are in no case known from, or archived by BOOKING-BETTER.

The Customer is automatically redirected to the Payment Service Provider’s transaction platform. The Customer’s use of the online payment service is subject to prior acceptance by the Customer of the Payment Service Provider’s contractual terms and conditions.

Banking information is entered directly with the Hosting Institution. BOOKING-BETTER serves only as an intermediary for a connection.

In case of refusal of payment authorization by the Customer’s banking institution, the booking will be cancelled directly by the Accommodation Establishment.

BOOKING-BETTER does not intervene in transactions.

The sending to the Customer of the booking confirmation and the invoice relating to his reservation is the responsibility and remains under the full responsibility of the Institution, which retains full responsibility for its invoicing obligations and its tax consequences, and in particular for the collection and payment of Value Added Tax (VAT) and Tourist Tax.

Problems related to the means of payment and the payment itself will be handled directly between the Customer and the Payment Service Provider. Any question or complaint relating to this may be addressed to the Payment Service Provider at the address communicated by the latter to the Customer.

5.3. Performance of the Hosting Service and handling of Customers' complaints

The Institution deploys all the means necessary for the proper performance of its obligations and the provision of a quality service to the Customers, and in any case in accordance with the Institution’s possible classification or certification.

The Customer may contact the Accommodation Establishment, send him any question, request or complaint relating to the Accommodation Services reserved.

The Customer directly settles with the Hosting Institution any dispute between them. BOOKING-BETTER has no authority to mediate between the Client and the Hosting Institution in the event of a dispute between them.

The Institution shall make its best efforts to reach an amicable solution, in accordance with its own technical means and dispute management processes, in compliance with the regulations in force.

The Consumer Customer may, if no solution can be found with the Hosting Institution, and without this constituting an obligation, and after having previously addressed a complaint to the Hosting Institution under the conditions indicated above-The Court of First Instance has, in the past, found itself unsuccessful in seeking free and amicable settlement of disputes with a consumer mediator.

The Consumer Customer may also, in accordance with Article 14 of Regulation (EU) No. 524/2013, use the online dispute settlement platform set up by the European Commission (https://webgate.ec.europa.eu/odr), facilitating the independent out-of-court settlement of disputes between consumers and professionals in the European Union. In all cases, the Consumer Customer remains free to accept or refuse the recourse to mediation and, in the case of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.

Article 6 –Customer satisfaction assessment:

BOOKING-BETTER may set up, at its discretion, a system for evaluating Accommodation Establishments by Customers in order to increase their confidence in the purchase of Accommodation Services on the Platform.

However, the Customer cannot leave an opinion on the BOOKING-BETTER site but can do so freely via other sites such as Google, Tripadvisor...

Article 7 – Duration – Termination :

BOOKING-BETTER may suspend or immediately terminate access to the Service in respect of the Customer and close its customer area in the event of a serious and/or repeated breach by the Customer of its legal or contractual obligations (in particular resulting from these Customer Terms), both with respect to BOOKING-BETTER and third parties.

In particular, the following breaches are considered serious, but not exhaustive :

• fraud
• misrepresentation
• abusive language
• infringement of the rights of third parties.

BOOKING-BETTER may also terminate access to the Service in the event that BOOKING-BETTER decides to terminate the Service.

Termination or suspension shall not relieve either BOOKING-BETTER or the Customer from fulfilling the obligations entered into pursuant to these Customer Terms and Conditions until its effective date.

Termination or suspension shall not affect the validity of the rights and obligations provided for in these Client Terms and Conditions which, by their nature or by reason of the specific provisions, extend beyond the term or termination, both for BOOKING-BETTER and for the Client, its beneficiaries until their respective expiry date.

Also, the termination or suspension, whatever the reason, does not exempt the Client or the Accommodation Establishment(s) with the Accommodation Services contract(s) that have been previously concluded, compliance by each of them with all their respective obligations resulting from said Hosting Services contracts.

Article 8 - Personal data :

BOOKING-BETTER undertakes to process the personal data collected in compliance with the applicable laws and regulations, and in particular the amended Law no. 78-17 of 6 January 1978 relating to data processing, files and freedoms (“DATA PROTECTION LAW”), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data.

For more information on the processing of personal data and cookies by BOOKING-BETTER, the Customer is invited to refer to the Privacy Policy of BOOKING-BETTER, as well as the Legal Notice section on its website at the bottom of the homepage.

Article 9 – Liability – Insurance:

9.1. Responsibility of BOOKING-BETTER

BOOKING-BETTER implements all the means at its disposal to fulfil all its obligations under these Customer Terms and Conditions, in accordance with its purpose of intermediation between a Hosting Institution and a Customer.

BOOKING-BETTER cannot, however, guarantee the continued accessibility and smooth operation of the Platform and the Service, and cannot, in particular, be held liable for losses of exploitation, data or information, failures or malfunctions of the Service or Platform.

BOOKING-BETTER shall use reasonable means to ensure that the visuals contained in the Hosting Services offered on the Platform by the Hosting Establishments are displayed as faithfully as possible to the original. The Customer acknowledges and accepts that these visuals may differ slightly from the originals, in particular depending on the configuration and characteristics of the IT equipment used by the Customer in order to consult the said offers, or because of the technical process used to digitize these images.

As a simple provider of a connection service, and not being a party to the Accommodation Services contract between the Accommodation Establishment and the Customer, BOOKING-BETTER does not give any guarantee or insurance of any kind to the Customers, and in particular does not guarantee the proper performance of any Hosting Services concluded by them through the Service.

BOOKING-BETTER shall not be liable in the event of a dispute concerning the Accommodation Services and Accommodation Services offered by the Accommodation Establishments, the conclusion of Hosting Services contracts or their performance or non-performance. Any complaint on these grounds, brought to the attention of BOOKING-BETTER by a Customer or any other third party, will be transmitted to the Accommodation Establishment concerned, which will assume sole responsibility for it.

BOOKING-BETTER cannot therefore be held responsible for any damages of any kind, direct or indirect, material or immaterial, suffered by the Customer, the Accommodation Establishment, or any third party relating to offers of Hosting Services or Hosting Services marketed.

The listed Accommodation Establishments have, however, guaranteed BOOKING-BETTER, at the time of their subscription to the Service, that they have contracted and undertake to maintain an appropriate insurance policy sufficient to cover their accommodation activities.

As the host of the content distributed by the Hosting Establishments on the Platform, BOOKING6BETTER cannot be held liable in the event of a dispute (in particular as regards counterfeiting) relating to information disseminated by the Hosting Establishments (texts, images, photos, brands, logos, etc.), until BOOKING-BETTER has been notified of the existence of such content disseminated on the Platform that it operates. It is recalled in this regard that in that capacity, BOOKING-BETTER may withdraw a disputed offer or content disseminated by a Hosting Institution upon receipt of a letter informing it of the potential counterfeiting or otherwise unlawful or harmful to a third party of said offer or content.

9.2. Responsibility of the Client

In connection with the use of the Service, the Client is responsible for all activities that have been and are being carried out on its behalf and/or on its behalf. The Customer undertakes to notify BOOKING-BETTER in case of suspicion of identity theft.

The Customer is responsible for the veracity of the information provided and must inform the persons who have been made recipients of any change in this information.

The Customer undertakes to use the Service and the Platform in compliance with these Customer Terms and Conditions, the regulations in force, and without fraud or in connection with an illegal crime or activity.

BOOKING-BETTER reserves the right to suspend or refuse access to and use of the Service and the Platform, to withdraw content in the event that the Customer does not respect the regulations in force or these Customer Terms.

Article 10 – BOOKING-BETTER intellectual property and similar rights:

The acceptance of these Client Terms by the Client does not confer on the Client any right to intellectual and industrial property rights or to the know-how held by BOOKING-BETTER and which it implements in the context of the operation of the Service and the Platform.

Consequently, the Customer shall refrain from infringing these rights and in particular the works, trademarks, logos, designs and models, software, databases, know-how of which BOOKING-BETTER is the owner of the rights.

In particular, the Customer shall not exploit, copy, distribute, reproduce, modify, translate, make publicly available or decompile the www.booking-better.com website, its content, any database integrated audit website, and any other similar element, in any way, using automatic devices or manual procedures, as well as controlling the content of that site or the Platform using robots, spiders or other automatic instruments. This last prohibition does not hinder the processes implemented by generalist search engines for referencing the website.

Article 11 – Applicable version and modifications of the Client TOU :

The Customer Terms applicable to the relationship between BOOKING-BETTER and the Customer are those in force on the BOOKING-BETTER Website at the time of the Customer’s access to or use of the Service. In the case of a booking of an Accommodation Service by the Customer, the applicable Customer Terms are those that he has expressly accepted at the time of his booking.

BOOKING-BETTER reserves the right to modify these Customer Terms at any time. The amended Customer Terms will take effect as soon as they come into force. However, they will not apply to current transactions (i.e. reservations already validated) at the time of their entry into force.

BOOKING-BETTER reserves the right to modify or change its Service and Platform at any time. The Accommodation Establishments reserve the right to modify or change at any time the offers and services marketed and the information relating to them, including their price..

Article 12 – General provisions:

12.1. Completeness

These Customer Terms constitute the entire agreement of the Parties, within the strict limits of their purpose. They shall accordingly replace and cancel any prior verbal or written agreement.

12.2. Divisibility

If any of the provisions of these Client Terms and Conditions are invalidated in whole or in part pursuant to any law, regulation or final decision of a competent court, the validity and scope of the remaining provisions of these Client Terms will not be affected.

In this case, the Parties must, if possible, replace this invalidated provision with a valid provision corresponding to the spirit and purpose of these Customer Terms.

12.3. Titles

The headings of the articles of these Customer Terms are for the sole purpose of facilitating references and are not intended by themselves to have any contractual value or special meaning.

12.4. Tolerance

No tolerance, whatever the nature, extent, duration or frequency, may be regarded as creating any right and may not lead to any limitation whatsoever, the possibility for each of the Parties to invoke at any time each of the clauses of these Customer Terms without any restrictions.

12.5. Non-transferability

As these Client Terms and Conditions are concluded individually, the Client may not assign its rights and obligations resulting therefrom to any third party, in any form whatsoever, in particular by way of corporate contributions, sales of goodwill, lease management or assignment of contract, without prior written and express agreement of BOOKING-BETTER.

12.6. Force majeure

Each of the Parties may not be held responsible for a breach of one of the obligations placed on it by these Customer Terms resulting from the occurrence of a case of force majeure having all the characteristics required by French jurisprudence, provided, however, that the Party invoking such a case notifies its existence to the other Party as soon as possible, that it does its best to limit the consequences and finally that it resumes the execution of these Customer Terms immediately after this case of force majeure has disappeared.

12.7. Convention on Evidence

Computerized records, back-office, documents and receipts, kept in the computer systems used in the performance of the Service under reasonable security conditions, shall be considered as valid evidence of communications and exchanges of data and information between the Parties.

12.8. Notifications and domicile elections

Except where these Customer Terms or the law provide for a special form for notifications, the Parties shall validly communicate with each other either by email with acknowledgement of receipt or by mail. For the performance of these Customer Terms and Conditions and its consequences, the Parties elect domicile respectively instead of their registered office or domicile.

Article 13 – Applicable Law – Disputes – Mediation :

These Customer Terms are subject to French law.

In case of dispute, an amicable solution will be sought as a priority for any legal action.

o this end, the Customer is kindly requested to contact the BOOKING-BETTER customer service using one of the following communication methods :

contact@booking-better.com

+33 (0)3 67 10 42 54

Office hours; Monday to Friday, 9:00 a.m. to 6:00 p.m

Consumer customer

The Consumer Customer is informed that he may, without this constituting an obligation, and after having previously addressed to FAIRBOOKING a complaint under the conditions indicated above which would have proved unsuccessful, use a free consumer mediation mechanism.

In addition, and in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online Dispute Resolution platform, Facilitating the independent out-of-court settlement of online disputes between EU consumers and professionals. This platform is available at the following link :

https://webgate.ec.europa.eu/odr/

Merchant customer

Where the Customer is a merchant, and in the absence of an amicable solution, any dispute may arise in relation to the negotiation, conclusion, execution, the interpretation or termination of these Client Terms and Conditions will be subject exclusively to the competent courts within the jurisdiction of the registered office of BOOKING-BETTER, including in the case of emergency or protective proceedings, interim measures or requests, and even in the case of incidental requests, a plurality of defendants or a warranty appeal.