The following translation is furnished for comfort use only. The French version is the only one to be considered and valuable against Keytoko.

 

GENERAL TERMS AND CONDITIONS OF SALE AND RENTAL

The acquisition of a product or service from Keytoko companies and/or the booking of accommodation or a service through any of the websites owned by Keytoko companies constitutes full and unconditional acceptance of these general conditions.

PREAMBLE

Keytoko, a socially and humanely committed company, adheres to the rules of the Code of Ethics and Conduct for real estate agents, as well as the principles of its Charter that govern its actions and interactions: https://keytoko.fr/wp-content/uploads/2024/03/Charte.pdf Keytoko provides an online platform along with various tools, services, and features that enable users to book the listed properties. These general rental conditions apply to users of the site and travelers contracting a rental with Keytoko. Both access and navigation on the site, as well as the use of Keytoko's services, constitute the user's and traveler's full acceptance of the general rental conditions and their unconditional acceptance of all their provisions. The general rental conditions apply throughout the user's navigation and access to the site and for the entire duration of the traveler's use of the services. Keytoko reserves the right to modify the general rental conditions. Changes will be applicable from their online posting on the site. Users and travelers are therefore invited to regularly check the site to stay informed of any changes or updates to the general rental conditions.

For all properties offered for rent, Keytoko acts under a management mandate that expressly authorizes it to perform all necessary acts for the day-to-day management, maintenance, and preservation of the properties and their furnishings on behalf of and in the name of their owners. The fulfillment of the contractual obligations of the rental agreement entered into by Keytoko, in its capacity as an agent, is therefore the responsibility of its principals, the property owners. As an agent, unless there is a proven fault or gross negligence, Keytoko is not personally liable to third parties as long as it acts within the limits of its mandate.

Article 1 - Definitions

For the purposes of these conditions, the following terms are used with the meaning and scope defined below, in both masculine and feminine gender and in both singular and plural forms:

• "Users": Defined as physical persons or representatives of legal entities using the website and the platform and accepting without reservation the conditions governing this use.

• "Clients": Defined as physical or legal persons who book one of the accommodations offered on the platform by Keytoko, thereby forming a contract for this purpose.

• "Platform" or "Site": For the purposes of these conditions, the platform is represented by the website http://www.keytoko.homes or any other website published by Keytoko.

• "Keytoko": Refers to the simplified joint-stock company Keytoko or its parent company, the limited liability company Keytoko, a group of companies signatory to the contract with the user and the client.

• "Booking": The action of reserving accommodation for a specific duration and under the terms of these conditions.

• "Contract": Refers to the agreement binding the Client or the user and the property owner, through Keytoko acting as an agent. The said Contract is deemed to be formed by these general conditions and any special conditions mentioned in the property's listing and in the booking request made by the client.

• "Deposit": A non-refundable and non-recoverable sum of money paid by the client in advance as part of the booking, to be credited towards the total price (the payment of the deposit thus implies the parties' commitment to fulfill their respective obligations).

Article 2 - Scope and Purpose

These general conditions are intended to define the rights and obligations of property owners and their Clients in the context of all online bookings for short-term rental properties listed on the Site. It is expressly stated that the properties listed on the Site are not intended for primary residential use or mixed professional and residential use. The Client cannot, under any circumstances, claim any right to remain in the premises after the initial rental period specified in the Contract. Consequently, the parties agree that their respective rights and obligations will be governed by the provisions of this contract, by the amended decree of December 28, 1976, and failing that, by the provisions of the civil code. The properties subject to this contract are rented furnished for seasonal use.

The Client declares that they have read and accept these general conditions without reservation before validating the Booking.

Keytoko reserves the right to adapt or modify these general conditions at any time. Clients are invited to consult them regularly to stay informed of any changes that apply from their online posting. The applicable general conditions are those in force on the day of the Client's entry into the accommodation (the "check-in").

Article 3 - Property Features

Keytoko strives to describe and present the properties offered for rent as accurately as possible. The listings include a description of the property, its location, level of comfort, main features, equipment, and, where applicable, its tourist classification. In addition to these objective elements, the Client can consult all the reviews left by previous tenants of a property. These reviews, compiled from various booking platforms, have been gathered without intentional moderation by Keytoko. However, errors or omissions may occur. The information and photographs are therefore provided for indicative purposes and cannot be considered contractual. Consequently, Keytoko cannot be held liable in the event of inaccuracies, imprecision, or defects found on-site or in the listing.

As part of its commitment to a better travel experience, Keytoko allows travelers to report any issues related to the condition of the property, cleanliness, availability, or its equipment within 2 hours after entering the premises, and at the latest by the first day of the stay at 11 PM, at the Traveler Support address (guest@keytoko.homes). Keytoko examines the evidence provided and makes every effort to offer the best solution to the expressed problems. The traveler expressly agrees that a refund can only be offered as a last resort solution and upon submission of sufficient documentation; otherwise, Keytoko will make every effort to ensure the smooth running of the stay or relocation, if necessary.

Article 4 - Availability and Duration of Occupation

The Site allows the Client to check the availability of properties. Keytoko makes every effort to update the actual availability as quickly as possible. However, any discrepancy between the information visible on the Site and the actual availability does not engage Keytoko's liability or entitle the Client to any compensation. In the event of a conflict between two bookings ("overbooking"), Keytoko must honor the booking with the greatest seniority. In case of unavailability of a booked and paid property, the Client will be informed by Keytoko as soon as they become aware of the issue. If no replacement solution is found and accepted by the parties, the sums already paid will be refunded without any other compensation.

The minimum stay duration, variable depending on the selected property, is specified in the online listing on the Site. A shorter stay is possible, subject to property availability and approval by Keytoko without justification.

For seasonal rentals, stays cannot exceed 90 (ninety) nights. In certain cases, particularly for stays longer than 3 months, Keytoko may offer the Client, after verification of supporting documents and identification, the signing of a specific lease (mobility lease, civil lease, etc.). In this case, the conditions of the said lease will prevail over these general rental conditions.

Article 5 - Formation of a Rental Contract and Booking

The Client must be at least 18 years old at the time of Booking. Keytoko cannot be held liable in any way if the Client lies or provides incorrect information in the formation of this Contract.

To complete the Booking, the Client must follow the following steps:

1. Compose the Site's address and/or be directed via a search engine;
2. Follow the Site's instructions, choose the desired property from the online listings or through the search tool;
3. Fill out the Booking form on the Site, noting that in case of prolonged inactivity during the connection, the availability of the selected property is no longer guaranteed. The Client will then be invited to restart the property selection process from the beginning.
4. Verify the elements of the Booking and, if necessary, identify and correct errors;
5. Read and accept these general conditions by clicking on the designated spot on the Site;
6. Validate the Booking, any options, and the total Price;
7. Follow the online payment server instructions to pay the Deposit and/or the total Price and make the required Security deposit.

Acceptance of the general conditions, online provision of the Client's bank details, and final validation of the Booking:

• Will result in the sending of a confirmation email from Keytoko, provided that if the Client has not completed the full payment and security deposit, the booking is not considered confirmed;
• Will constitute the signature and express acceptance of the rental price, the property description, and the proposed and/or selected services, and all performed operations (1) and proof of the formation of a rental Contract according to applicable regulations, notably a seasonal rental Contract as governed by the Tourism Code. However, Keytoko reserves the right to refuse the Booking if it is abnormal, made in bad faith, or for any other legitimate reason, particularly when there is a dispute with the Client and/or one of their designated occupants.

The information system operated by Keytoko and its computerized records are the only admissible evidence for booking proof and its historical context, in accordance with Article 1379 of the Civil Code.

Article 6 - Assignment and Subletting

The rental contract is concluded intuitu personae for the sole benefit of the traveler identified at the time of booking. Any assignment of this rental contract, any total or partial subletting, any provision (even free of charge), is strictly prohibited. The traveler cannot make the premises available, even for free and/or by loan, to anyone outside their household. In case of non-compliance with this provision, the client will be invited to leave the premises, willingly or with the assistance of law enforcement, immediately and without being able to demand a refund or compensation.

Keytoko may assign the contract to its potential subsidiaries, subcontractors, or partners without informing the Client as long as the terms and conditions of this contractual set remain unchanged.

Article 7 - Rental Price and Services

The rental price and services are indicated on the Site per property and service. At the time of Booking validation, the total displayed and accepted Price includes:

• The sum of the reserved night values;
• Ordinary consumption charges such as TV, internet access, and energy consumption (water, electricity, gas). Keytoko and/or its principals are not responsible for any malfunction of these services, although, as diligent professionals, they will do their utmost to restore and/or replace any dysfunctional services. Travelers agree to reasonable use, "as a good family man," of the energy consumption included in the rental, and any abnormally high consumption will result in subsequent additional billing;
• The tourist tax collected by Keytoko and remitted to local authorities (in accordance with Article L 2333-29 of the CGCT). Its amount may vary depending on the type of accommodation and location. Exempt from this tax are: persons under 18, holders of a seasonal work contract employed in the municipality, persons benefiting from emergency housing or temporary relocation, or who occupy premises managed by associations whose rent is below an amount determined by the municipal council. Clients who have unduly paid the tourist tax while they consider themselves exempt must assert their right with Keytoko before the end of the current month and provide justifications for a situation giving rise to exemption in order to be refunded the tourist tax;
• Service fees charged by Keytoko to cover the structural operating costs of the platform, the technological tools used, and thus the amount is freely determined by Keytoko and indicated in the booking process;
• Mandatory or optional services selected, including:
  • Provision of household linen (towels, sheets, duvet covers, pillowcases, tea towels, etc.);
  • A mandatory end-of-stay cleaning service for any rental regardless of its duration. Its amount depends on the selected property and can be found in the online listing on the Site. Additional cleaning services can be provided and billed at the Client's request.
  • Liability and cancellation insurance, included in all bookings made by Keytoko to cover both Keytoko, its mandate, or travelers. The specific conditions of this insurance are communicated via Keytoko's website or upon request.
• As part of its service, Keytoko provides the client with an assistance service available through various communication means, including phone, from 10 AM to 8 PM. It also provides an emergency on-call service at night for emergencies. Keytoko may also offer, at its discretion, a digital welcome booklet to the client to allow them to manage and organize their stay independently, have essential information, and organize their travel experience according to their preferences. These services are included in the service fees and the cost of the service offered by Keytoko and its partners.

Article 8 - Payment Terms

The booking payment is, in principle, made in full by credit card at the end of the booking process. The transaction is immediately debited from the Client's credit card after verification of its data, upon receipt of the debit authorization from the issuing company of the used credit card. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. The Client provides the 16 digits and the expiration date of the used credit card as well as, if applicable, the visual cryptogram numbers. They may be required to perform external operations through their bank to authenticate the transaction, in compliance with DSP/DSP2 standards.

Keytoko may grant the Client the option to pay the booking balance in several payment operations. These potential payment facilities do not constitute a discount or a right acquired for the future, and Keytoko may, for validly justified reasons to the Client, require full payment at any time and revoke this facility, especially in case of a payment incident.

In the absence of payment according to the agreed terms, either by a special agreement between the parties or according to this Contract, Keytoko is free to reserve the property for another Client without being liable for any indemnity or compensation.

If it is impossible to debit the entire or part of the total Price, the rental Contract will be immediately resolved by law and the Booking canceled. The Client will then be refunded any amounts already paid, less service fees charged by Keytoko.

Keytoko implements all means to ensure the confidentiality and security of transmitted data.

The Client will benefit from the discounts listed in the online listings, which are either punctual (last-minute offers) or related to the rental duration (degressive daily rate based on the length of stay).

As part of its promotional campaigns, Keytoko reserves the right to issue discount coupons. The Client must enter the corresponding code during their online booking. Keytoko's discount vouchers are valid only on the Site and cannot be used elsewhere. In any case, a discount voucher is not applicable to an order already being processed. Additionally, Keytoko's discount vouchers are neither refundable nor cumulative and may have an expiration date.

Article 9 - Security Deposit

Keytoko protects its teams and properties by collecting a security deposit from Clients. It is intended to cover any potential damages to the property and its furnishings, losses and thefts, maintenance and cleaning defects, excessive fluid consumption, damage to common areas, personal injuries, and all violations of this Contract. In case of proven damages, this amount will be fully collected, and the Client could be pursued to compensate for their damages to the actual extent of the loss.

The security deposit may be deposited at the time of booking, only by credit card. We reserve the right to close access to the rental if the security deposit is not paid at the latest, the day before the stay. No cash, check, or bank transfer guarantees will be accepted. No keys will be handed over without full payment of the reserved services and the security deposit.

Keytoko chooses a partner to manage its security deposits, and this partner may offer a credit card imprint without affecting the payment limit, a pledge of the amount, or a blocking of the amount on the credit card. Keytoko cannot be held responsible for the technical modalities operated within the framework of the security deposit.

The deposit will be refunded to the Traveler, no later than 30 days after their departure, less:

• Any damages,
• The cost of restoring the premises,
• Additional cleaning,
• Replacement of lost items,
• Replacement of lost keys,
• Travel expenses,
• Artisan intervention,

In case of deductions from the security deposit, Keytoko reserves the right to charge the Client additional administrative and damage management fees amounting to €30 (if the deducted amount is less than €100) or 10% of the total amount deducted (if it exceeds €101). The list of rates practiced by Keytoko is available upon request at bonjour@keytoko.fr and in the annex.

Article 10 - Access to Properties

The Client reserves the property for a specific duration as stated in the booking confirmation; they have access to the property from 5 PM on the first day of the booking until 11 AM on the last day of the booking. The Client cannot, under any circumstances, claim any right to remain in the premises at the end of the stay.

The access details to the property are indicated by Keytoko in the property's description or in the booking confirmation.

If the property is equipped with a self-check-in system, the Traveler will be autonomous to enter the premises. If not, a member of the Keytoko team will handle the check-in at the agreed time with the Traveler, between 5 PM and 8 PM. Any arrivals outside these hours will incur additional charges that must be paid before arrival. These hours could be imposed on travelers during peak intervention days (such as summer Saturdays) to satisfy the maximum number of guests while respecting cleaning and disinfection protocols before and after each arrival and departure.

The late traveler must notify the Keytoko agent responsible for their welcome as soon as possible. Keytoko agents are not required to wait for travelers whose delay exceeds 1 hour. In this case, the Client will be considered as not having shown up and cannot claim any refund or compensation.

Article 11 - Inventory and Condition of the Property

The Traveler, under the Client's cover, may submit to Keytoko within 4 hours of entering the premises an inventory and/or condition report at the start of the rental, which, if not contested by Keytoko within 24 hours, is deemed accepted. The Traveler may submit their elements through the condition report module provided in digital format or by email to Keytoko. A Traveler who has not made any observations, remarks, or reservations under the conditions provided in these terms is deemed to accept the premises as indicated by Keytoko, notably through timestamped photos taken before the Traveler's entry into the premises.

The Client and, if applicable, the Traveler, are responsible and assume full responsibility for their own actions and omissions. Upon departure from the property, the apartment and its furnishings must be in the same condition as when the Traveler entered the premises. The Client must have performed the following tasks:

• Cleaned, dried, and stored the dishes;
• Cleaned household appliances;
• Emptied trash in accordance with sorting (including glass removal);
• Replaced furniture.

Keytoko cannot personally verify the premises and inventory in the presence of the Client. The condition of the premises is systematically verified after the departure of the occupying Client and before the arrival of the next Client, or, in the absence of re-occupation, within 48 hours. Keytoko will then compare the condition of the premises before the Traveler's arrival and after their departure to assess any potential damages or losses. An abnormal state of maintenance and/or restoration will result in an automatic deduction from the security deposit billed at €35 per hour, along with potential additional costs (such as ozone disinfection in case of tobacco odor, dish cleaning billed per item…) Keytoko assesses the cost of restoration diligently and reasonably, justifying it with photos. The disappearance or manifest degradation of equipment and/or furniture due to unusual use will result in a deduction from the security deposit equivalent to the replacement cost of the damaged equipment without applying depreciation. Any departure after the agreed time and in the absence of derogation, any departure after 11 AM, incurs a penalty fee of €30 per hour started. An unauthorized departure after 3 PM incurs an additional penalty and billing for an extra night.

The Client reserving on behalf of a third party, an additional traveler, minor or adult, capable or incapable, assumes full responsibility for the acts of the Traveler for whom they made the reservation.

Article 12 - Insurance

The traveler is responsible for rental risks and must indemnify Keytoko for any damages and/or injuries for which they are liable. As such, they must have insurance covering "rental risks" (tenant's liability towards the owner) and have a "holiday" clause stipulated in their primary residence insurance policy.

Keytoko is entitled not to require the provision of said insurance policy by the Client; however, the latter is obliged to be duly insured during their stay. Keytoko cannot be held liable if the Client provided incorrect information when concluding this Contract.

When booking on the Site, the Client may be offered or required to subscribe to a cancellation insurance covering all or part of any potential damages caused. This insurance cannot in any way replace the Client's obligations, including those arising from the first paragraphs of this article.

Article 13 - Conditions of Occupation

The Client acknowledges that the rental is granted only as a temporary and leisure residence, a major condition without which the present rental would not have been granted. They will personally occupy the premises and behave as a responsible family head. No commercial or professional activity can be conducted on the premises.

The property is furnished to accommodate the maximum number of people specified in the rental contract. Unless otherwise agreed by Keytoko, the provision of additional beds and the accommodation of additional persons are not permitted, noting that a child counts as one person. Failure to comply will result in the immediate termination of the Contract without a refund. For obvious safety or health reasons, minors unaccompanied by one of their legal administrators within the meaning of the Civil Code are not admitted.

The Client must:

• Respect the internal or co-ownership regulations, the content of which will be indicated to them if necessary upon arrival; otherwise, and particularly if Keytoko's intervention is required, tenants will be subject to the billing of said interventions and any related costs, without limit of amount and up to the settlement of said invoices;
• Respect the neighborhood's tranquility by occupying the premises calmly at all hours of the day and night;
• Not organize parties or similar events; thus, organizing a party, over-occupying the property (characterized by a number of occupants exceeding the declared number in the booking), and making noise day or night will expose the Client to additional fees for the potential intervention of security teams;
• Not smoke inside the property, noting that smoking by open windows (or bays) is also prohibited;
• Not introduce animals (unless expressly authorized by Keytoko);
• Not bring any furnishings, except for linen and small objects;
• Make no modifications or changes to the furniture arrangement and the premises;
• Allow necessary and urgent repairs in the rented premises during the rental period that cannot be postponed;
• Immediately inform Keytoko of any damage or incidents occurring in the rented premises, even if no apparent damage results;
• Immediately inform Keytoko of any usage difficulty or problem encountered;
• Use the internet connection and WiFi network in compliance with respectful internet principles; thus, the Client releases Keytoko from any responsibility in case of inappropriate use. The Client and the Traveler, if applicable, cannot use the internet for illegal, prohibited, and unlawful purposes, disrupt the services and/or content and/or accessible data, make purchases via the integrated service, distribute or disclose elements allowing an external user to identify themselves on the WiFi network;
• Respect and observe the utmost respect for Keytoko, its principals, agents, and subcontractors, noting that any aggression towards Keytoko's staff and/or operating under its cover will be subject to prosecution.

Keytoko equips all its properties with a remote monitoring device (sonometer) recording sound levels, property occupancy, and other necessary elements to monitor the peaceful enjoyment of the premises (CO2 level, temperature…), the processing of this data cannot be externally transmitted and is used only to evaluate the proper use of the property and may serve as evidence in case of necessary operations due to improper use, including a deduction from the security deposit.

Keytoko, its principals, agents, and subcontractors are not responsible in case of loss and/or theft (including money), personal property damage, injuries or bodily harm caused to the Client, and for deprivation and enjoyment reductions not resulting from their fault. The Client refrains from holding Keytoko, its principals, agents, and subcontractors responsible in such circumstances.

In accordance with its mandate, Keytoko is required to carry out any necessary repairs to ensure equipment compliance and the smooth running of travelers' stays. Properties with outdoor spaces, swimming pools, jacuzzis benefit from regular maintenance as needed, whether travelers are present or not.

Therefore, the traveler is informed that, when necessary, Keytoko may intervene in the accommodation for technical interventions, without the traveler being able to oppose them.

However, the traveler will be informed in advance of the indicative dates and times of Keytoko's interventions through the Traveler's client area or by email.

Article 14 - Right of Withdrawal

Bookings made are mandatory according to applicable regulations. Indeed, the right of withdrawal within 14 days provided by Article L 121-20-4 of the Consumer Code does not apply to Contracts for the provision of accommodation services (Article L. 221-28 of the Consumer Code).

Article 15 - Cancellation, Interruption, Force Majeure, and Refunds

The Client who cancels the Booking, except in case of force majeure, must pay the full rental cost.

The Client will be entitled to a refund in the following situations:

• Administrative decision prohibiting the Client's travel to the rented property;
• Administrative decision prohibiting tourist rentals in the municipality of the rented property;
• Administrative decision leading to the cancellation of the Client's travel ticket;
• Death of a close relative or serious illness learned within 7 days before the stay (first-degree kinship);
• Major natural disaster or severe weather incidents at the destination or departure location;
• Government-imposed obligations by authorities after booking (e.g., jury duty);

To justify the cancellation of a booking to the property owner, Keytoko reserves the right to request any document from the Client to support their refund request.

All refund requests must be made by the Client no later than 7 days before their arrival at the property. For any refund request made by the Client less than 7 days before their arrival, Keytoko reserves the right to request additional documents proving that the triggering event occurred less than 7 days before their arrival. Otherwise, the refund request will be denied.

If the Client has not arrived two days after the initially scheduled arrival date, Keytoko may, by right, re-rent the property while retaining the right to seek compensation from the Client, including requiring them to pay the full rental amount due for the reserved period.

Any stay started is fully due. No refund will be made in case of early departure of the Clients during the rental period.

Keytoko reserves the right to terminate the contract, without the Client being able to claim compensation, in case of serious or repeated violations of any of the clauses of these general rental conditions.

If any essential element of the rental contract can no longer be provided due to a force majeure event or external to Keytoko, it must notify the Client as soon as possible, who will have the following options:

• Either terminate the Contract and receive a refund of the amounts paid without penalty or fees;
• Or accept the proposed modification, knowing that if the rental amount is lower than the initial amount, the remaining balance will be recalculated and if the Client has already fully paid, the overpayment will be refunded upon acceptance of the contract modification.

In any event, Keytoko will not be responsible for the proper execution of the Contract if it proves the Client's fault, an unforeseeable and insurmountable act of a third party, or a case of force majeure.

Article 17 - Confidentiality and Data Protection

In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and liberties, known as "Informatique et Libertés," Keytoko's files have been declared to the CNIL. Keytoko undertakes never to disclose the Client's personal data to any third parties, except to the property owner and the service providers involved in the proper execution of the Contract (reception, key handover, cleaning, laundry, etc.). These data will be considered confidential by Keytoko and its service providers. They will be used only by Keytoko and its service providers for booking processing and to strengthen and personalize communication and the offer of properties.

Personal information relating to Clients will never be disclosed without their consent to third parties for commercial purposes. In the event that the Client consents to such disclosure, they have an individual right of access, withdrawal, and rectification and, subject to applicable legal provisions, deletion of the data, the data controller being Mr. Jordan Boissière-Navarro, manager of SARL Keytoko and general manager of SAS Keytoko - 10 rue du Cagire 31 100 Toulouse.

Article 18 - Complaints and Amicable Settlement

Any potential complaint must be immediately made by any means and then sent to Keytoko by registered mail to the address indicated in the preamble to these general conditions. Otherwise, complaints will not be considered.

For each complaint, Keytoko will try to provide appropriate solutions through an amicable settlement.

In the absence of an amicable agreement between the parties, the consumer Client within the meaning of the law may seek the mediator designated by Keytoko: Société de Médiation Professionnelle – Médiateurs Associés, 24 rue Albert de Mun 33 000 Bordeaux.

Article 19 - Intellectual Property Protection

The use of the Site does not grant any intellectual property rights on the Site and/or its content to users.

The Site and each of its components (such as trademarks, logos, designs and models, texts, structures, photographs, illustrations, images, diagrams, software, animations, soundtracks, texts), including the software elements necessary for the operation of the Site, databases, and newsletters, may contain confidential information and data protected by intellectual property rights or any other applicable law. Thus, unless otherwise stated on the Site, the intellectual property rights on the content are the exclusive property of Keytoko.

In accordance with the Intellectual Property Code, any representation or reproduction of all or part of the Site's content made without the owner's consent is unlawful. Violation of this clause constitutes an infringement under the Intellectual Property Code, which is a crime punishable by 3 years' imprisonment and a fine of €300,000.

Article 20 - Independence of Clauses, Non-Waiver, and Resolutive Clause

If any provision of these general rental conditions is null and void, it will be deemed unwritten, but will not invalidate the entire general rental conditions unless it is a clause that was essential to one of the Parties at the effective date of these conditions. However, the validity of the general rental conditions will not be affected if the Parties agree to substitute a valid clause reflecting their initial intention for the null essential clause.

No waiver by either Party to exercise any of its rights under these general rental conditions will constitute a waiver of those rights for the future. The Parties accept and recognize as valid proof that can be produced in court any email exchange between them.

Any total or partial failure to fulfill the following commitments may result in the termination of the contract at the discretion of Keytoko:

• In case of full payment default;
• In case of failure to register the Traveler (Check-in);
• In case of failure to secure the security deposit.

The termination will take effect automatically, without judicial formalities, after a period of 48 hours following the sending of a formal notice by email or on the booking portals' messaging systems mentioning the intention to invoke this clause, which remains without effect, without prejudice to other rights of Keytoko.

It is reminded to the traveler that Keytoko, in its capacity as an agent, is subject to the principle of agent irresponsibility.

Therefore, it cannot be held responsible, notably:

• For the condition of the property;
• For non-compliance with the legal requirements of the Urban Planning Code, the Construction and Housing Code, and the Tourism Code;
• For non-compliance with mandatory administrative procedures in the context of seasonal rental.

Only the owner/principal is liable for this.

Article 21 - Election of Domicile and Jurisdiction

In the event of a dispute, the parties agree to implement an amicable negotiation procedure to find an amicable solution.

In the absence of such an amicable settlement, the parties elect domicile at Keytoko's headquarters - 10 rue du Cagire 31 100 Toulouse. Thus, the Parties will submit all disputes, even in case of warranty calls or multiple defendants, to which this contract may give rise, for their validity, interpretation, execution, or termination, to the Commercial Court of Toulouse, except for cases where the dispute falls under the jurisdiction of the Judicial Court of Toulouse. Any dispute relating to the interpretation and execution of these general conditions is subject to French law.

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Appendix 1 - Indicative Rates as of July 1, 2024

• Arrival before the reference check-in time: €30/hour started up to €850.

• Departure after the reference check-out time: €30/hour started up to €1,500.

• Disposal of bagged waste: €10/item.

• Disposal of unbagged waste and remains: €20/item.

• Cleaning/recovering dishes: €10/item.

• Ozone disinfection due to odor: €150 (flat rate) + cost of the following blocked night by necessity.

• Replacement of damaged linen requiring replacement: €30/item.

• Intervention due to noise (day/night): €30/call and €150/physical intervention.

• Additional cleaning: €35/hour of cleaning started up to €1,500.

• Subscription purchase on TV and/or Internet: Rebilling of the cost + €30 management fees for the deduction.

• Replacement of damaged item: New value (unless depreciation exceeds 50%) + labor €55/hour.

• Damages requiring maintenance/renovation work: Value as determined by an artisan or expert + 10% of the damage value.

• Management fees for a deduction from the security deposit: €30 (flat rate) if the damage is less than €100 or 10% of the damage value if it exceeds €101.

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Appendix 2 - WiFi Service Usage Charter

The use of the WiFi service is subject to, primarily, compliance with applicable laws and regulations. Using this service constitutes the user's unchallengeable acceptance, without any signature, of all provisions and obligations contained in this Charter.

The user agrees to use both their computer equipment (laptop, personal assistant) and this service in compliance with the law and netiquette, refraining from any behavior and use contrary to public order and good morals.

In particular, they must not use their equipment or this service for illegal, illicit, prohibited purposes, meaning without being exhaustive:

• They agree to respect the law and refrain from accessing, posting, or displaying content and information, from online or offline sources, deemed illegal by texts or courts, such as information, messages, texts, images, or videos of a violent nature, inciting violence or hatred, degrading to human dignity, pornographic or pedophilic, and/or provocative and offensive to anyone's integrity or sensitivity;
• The user agrees to respect the privacy of any person and the secrecy of correspondence, refraining from intercepting any message and communication transmitted by telecommunications;
• They agree to respect the legislation on personal data and automated processing of personal information, as well as the legislation and texts relating to copyright, trademarks, patents, intellectual and industrial property. They refrain from any reproduction or unauthorized use of these legislations, whether multimedia creations, software, texts, press articles, photos, sounds, images of any nature, trademarks, patents, designs, and models, noting that any mention of the existence of rights on these elements and/or data and/or files cannot be deleted and that any reproduction of a work or one of these elements and/or files and/or data without the rights holder's consent constitutes an infringement;
• They refrain from collecting or harvesting any information about third parties without their consent;
• Defaming, diffusing, harassing, stalking, threatening anyone, or violating others' rights; creating a false identity;
• Attempting to gain unauthorized access to a service and/or file, or data;
• Diffusing or downloading elements containing software or other elements protected by intellectual property rights, unless they hold these rights or have received all necessary authorizations to do so; sending unsolicited messages or engaging in spamming;
• Sending any threatening, insulting, defamatory, obscene, indecent, illicit messages or emails, or infringing on people's rights and protecting minors;
• Transmitting any virus, Trojan horse, logic bomb, or any other harmful or destructive program to third parties and/or any user;
• Attempting to gain unauthorized access to an automated data processing system and maintaining access;
• Disrupting services and/or content and/or data accessed;
• Sending chain letters or proposing pyramid schemes or similar sales;
• Sending any advertising, promotional message, or any other form of unsolicited solicitation or canvassing.

It is the user's responsibility to ensure that they have the hardware, software, and browsers required to use this service. The user remains solely responsible for the security and protection of their connected equipment. Keytoko is not responsible for connection problems depending on computers, and agents do not intervene on users' personal equipment.

The service provider cannot be held responsible for repairing any direct and/or indirect damages caused by using the WiFi service, the user being responsible for respecting this Charter. The user acknowledges that the service provider is not responsible for the content or services they access and does not guarantee content and service accessibility or usage speed. WiFi service access may be suspended at any time without notice.

We inform users that new counter-terrorism provisions require the retention of technical connection data for 12 months, including sender, recipient, time, duration, and origin of communications, excluding their content.

You acknowledge that you have read the entire Charter, agree to comply with it, and recognize that your equipment, its content, and the use of the WiFi service are your sole responsibility.