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General terms and conditions of sale

Preamble

The present general conditions of sale are concluded on the one hand between the Company MAYBEHOST, Société par Actions Simplifiée with a capital of 10.000 euros, registered in the Register of Commerce and Companies of CANNES under the number 830 939 682, whose head office is located at 13 rue de Bône, in CANNES (06400), hereinafter referred to as “MAYBEHOST SAS” or “The Provider” and on the other hand, any person wishing to proceed to a purchase via the website, and hereinafter referred to as “The Customer”.

MAYBEHOST SAS, owner of the brand ” MAYBEHOST ” and ” MAYBEGUEST ” is a Real Estate Agency, which realizes transactions and real estate management with the services of concierge for the tenants and owners of apartments in seasonal or tourist hiring.

It therefore plays the role of intermediary between Owners and Tenants, as well as Service Providers whose services it may offer to Clients for additional activities, particularly leisure activities, for any activity that is not otherwise regulated.

The present General Conditions are available on the website www.maybeguest.com.

Definitions

The terms and expressions hereinafter referred to shall mean, for the purpose of the interpretation and performance hereof:

Client : any individual or professional, natural person or legal entity, wishing to use the concierge service and associated services offered by MAYBEHOST SAS under the MAYBEHOST brand name, in the properties they wish to offer or take for tourist or seasonal rental;

Order: request for services made by the Customer to the Provider;

General Conditions: the General Conditions of services which are the subject of the present document;

Consumer : means any natural person using the services of MAYBEHIOST SAS marketed under the brand MAYBEHOST and MAYBEGUEST outside of any professional purpose;

Contract: this instrument, including its preamble and schedules, and any amendment, modification, substitution, extension or renewal;

Tenant: any natural person or group of natural persons staying in the proposed premises;

Owner: any natural or legal person offering one or more properties for rent, it being specified here that the rental relationship is exclusively concluded between the Tenant and the Owner, without the liability of MAYBEHOST SAS being incurred, as a third party to this rental contract;

Provider: the Company MAYBEHOST SAS under the brand MAYBEHOST or MAYBEGUEST;

Price: the unit value of a good or service. This value includes all taxes and excludes any additional travel expenses

Total Price: The total amount of the combined prices of the goods and services that are the subject of the Order. This amount includes all taxes;

Rules and Regulations : the Rules and Regulations represent the set of rules established by the Owner before his seasonal or tourist rentals to his Tenants;

Service : any service offered for sale by MAYBEHOST SAS under the brand MAYBEHOST or MAYBEGUEST and on its website.

Object

The Service Provider does not market the above-mentioned Services online. However, the list of services offered is available on the website www.maybeguest.com

The present conditions of sale aim at defining the contractual relations between MAYBEHOST SAS and the Customer.

The acquisition of a service through this site implies an acceptance without reserve by the Customer of these general conditions of sale, in their entirety.

These conditions of sale shall prevail over any other general or particular conditions not expressly approved by MAYBEHOST SAS.

MAYBEHOST SAS reserves the right to modify these conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the Customer’s order.

Household

The cleaning service is performed by default after the departure of the Tenants to ensure the preparation of the premises for the next rental and the reception of the Tenants or Owners in a clean accommodation.

Additional services may be ordered on a one-time or recurring basis, according to estimate.

The cleaning service consists of a careful restoration of the property between two occupations.

As an example, and in a non-exhaustive way, the following tasks are performed:

The cleaning service is provided in the context of accommodation left in a suitable state of use and in compliance with any applicable internal regulations.

The cleaning of the dishes and the evacuation of the garbage remain the responsibility of the Tenants.

Welcome kits and baskets

The supply of the housing in kit of reception and consumable for the tenants is made by MAYBEHOST SAS according to predefined kits. The composition of these kits may vary according to general demand and availability of products.

Challenge

No dispute by the Hirer shall justify the non-payment of a service if it has been performed in accordance with the obligations placed on the Provider.

Additional services

Transfer : MAYBEHOST SAS offers a service of connection with third party transport partners to its Clients.

MAYBEHOST SAS does not directly provide passenger transport and cannot be held responsible for this.

Leisure : MAYBEHOST SAS also offers a service of putting in touch with providers of tourist leisure activities. It cannot be held responsible for these services, which are concluded directly between the Customer and the partner service provider.

Luggage

MAYBEHOST SAS offers a luggage storage service on its premises for Tenants who express the wish. MAYBEHOST SAS declines any responsibility in case of deterioration or

This service does not constitute in any way a custody of the goods deposited by the Customer and his responsibility cannot be sought.

Ordering

The sale shall be deemed concluded on the date of acceptance of the Order by the Provider.

Prior to this date, and in accordance with the provisions of Articles L. 112-1, L. 112-2 and L. 141-1 of the Consumer Code, the present general conditions of sale are made available to all customers for information purposes on the website www.maybeguest.com.

Any order implies unconditional acceptance of these Terms and Conditions which shall prevail over all other terms and conditions except those expressly accepted by the Provider in writing.

The fact that the Service Provider does not at any time avail itself of any of these Terms and Conditions shall not be construed as a waiver of its right to avail itself of any of these Terms and Conditions at a later date.

Quote

Each Customer’s order is preceded by a free estimate, established by the Provider, based on the Customer’s specific needs.

The quotation is sent by the Service Provider to the Customer by any means, electronic in particular and specifies:

The quotation is accompanied by the present General Conditions.

To confirm the Order, the Customer must return the quotation and these General Conditions to the Service Provider, without any modification, by any means, with the handwritten mention “good for agreement” before his signature.

In the absence of receipt of this acceptance of the quotation and the Terms and Conditions, the Service Provider reserves the right not to perform any Services.

All quotes are valid for three (3) months.

Once the quotation has been validly signed, it is valid for one full year, only for the good described, from the date of its acceptance by the Customer. At the end of this period, the rates may be revised, being submitted by estimate to the Customer.

The Service Provider reserves the right, after having informed the Customer, to increase the rates for its services in the event that the Customer does not comply with these Terms and Conditions and in the event that the conditions for the performance of the services do not comply with the estimate.

Unless otherwise specified in the estimate, the costs incurred for the provision of additional services are to be borne by the Customer.

In the event that no prior quotation has been sent to the Customer, Orders shall be placed by simple exchange of e-mails and invoiced in accordance with the base rate usually applied by the Service Provider or any other rate agreed upon between the Service Provider and the Customer in the exchange of e-mails.

Any validation by the Customer of the quotation within the time limits communicated by the Service Provider shall constitute an Order.

For the purpose of proving the existence of the acceptance of the quotation, the Customer expressly agrees to consider as equivalent to the original and as perfect proof the fax, the e-mail, the copy and the computer support.

Down payment

Any order whose amount exceeds three hundred euros (300 €) including VAT can be the subject of a request for a deposit whose proportion is mentioned in the estimate. In this case, the execution of the service begins only after the receipt of the deposit.

Obligations of the Customer

The Customer, by accepting the quotation, agrees to accept and abide by these General Conditions.

The Customer undertakes, throughout the duration of the contractual relationship :

In the event of the Customer’s failure to fulfill its obligations, the Service Provider shall not be held responsible for any non-compliance with the quotation, for any extension of the time required to perform the service, or for the impossibility of performing the service.

Obligations of the Provider

The Service Provider shall perform its services in accordance with the quotation accepted by the Customer.

He also undertakes to inform the Customer, without delay, of any difficulty that would make it impossible for him to carry out his service, or would make its realization more complicated.

In particular, it commits to:

Responsibility

The Provider’s liability is limited to the amount of the invoice concerned. It will not be held responsible under any circumstances:

In any case, the Provider is only bound by an obligation of means towards the Customer.

Payment of benefits

Invoices are payable without discount, upon receipt, unless otherwise specified in the estimate.

All transfer, exchange or other costs are to be borne exclusively by the Customer, invoices being net.

Termination of the Contract by the Customer

The provisions of articles L 216-2 and L 216-3 of the Code of the Consumption, literally reproduced hereafter, apply to the present:

” Article L216-2

In the event of failure of the professional to his obligation of delivery of the good or supply of the service at the date or the expiry of the time envisaged in the first paragraph of the article L. 216-1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer may rescind the contract, by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined the trader, in the same way, to make the delivery or provide the service within a reasonable additional period of time, the trader has not done so within that period. The contract shall be deemed to be terminated upon receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.

The consumer may immediately rescind the contract where the trader refuses to deliver the goods or provide the service or where he fails to perform his obligation to deliver the goods or provide the service on the date or on expiry of the period provided for in the first paragraph of Article L. 216-1 and where that date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.

Article L216-3

When the contract is terminated under the conditions provided for in Article L. 216-2, the trader shall reimburse the consumer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated.”

It should be noted that the time of delivery of the services is understood here to be the first day of the rental period.

Retraction period

This article refers to contracts concluded at a distance or off-premises between the Service Provider and the Client.

The article L 221-1 of the Code of the Consumption envisages that are concluded at distance the contracts concluded between a professional and a Consumer, within the framework of a system organized of sale or services at distance, without the simultaneous physical presence of the professional and the Consumer, by the exclusive recourse to one or more techniques of remote communication until the conclusion of the contract.

It also provides that off-premises contracts are in particular all contracts concluded between a professional and a Consumer in a place which is not the place where the professional carries out his activity permanently or in a usual way, in the simultaneous physical presence of the parties, including following a request by the Consumer.

All contracts concluded within the Provider’s establishment, as well as professional customers, are therefore excluded from these provisions.

Within the framework of contracts concluded at a distance, and in accordance with article L 221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days to exercise his right of withdrawal, following a telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in articles L 221-23 and L 221-25 of the Consumer Code.

The time limit runs from the day the contract is concluded.

In the event that the Customer of a contract concluded at a distance wishes to have the service performed before the end of the withdrawal period, he/she must make an express written request to the Provider.

The service will then be due in full, even if the Customer subsequently makes use of his right of withdrawal.

Entire contract

These terms and conditions constitute the entire agreement between the Client and MAYBEHOST SAS with respect to and supersede any prior agreements.

Jurisdiction and applicable law

These General Terms and Conditions are subject to French law and shall be interpreted and enforced in accordance with it exclusively.

In the absence of an amicable settlement, the parties grant exclusive jurisdiction to the French Courts to settle any dispute relating to the Provision of Services and these General Conditions.

Mediation

In case of dispute between the professional and the consumer, they will try to find an amicable solution.

In the absence of an amicable agreement, the consumer has the possibility to refer the matter free of charge to the consumer mediator to which the professional belongs, i.e. the Association of European Mediators (AME CONSO), within a period of one year from the date of the written complaint sent to the professional.

The referral to the Consumer Ombudsman must be made :

– or by completing the form provided on the AME CONSO website: www.mediationconso-ame.com;

– or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS.