These terms govern the relationship between Love in Room and the professional hosts who publish a listing on the platform. They do not govern the relationship between the host and the traveller, which is covered by the accommodation contract and the booking terms and conditions.
1. Purpose
These terms and conditions of sale (the “Terms”) set out the conditions under which Love in Room provides the host with its platform services, as well as the parties' mutual obligations and responsibilities.
2. Definitions
- Love in Room: Nicolas Lipowiez, sole trader, publisher and operator of the loveinroom.fr platform.
- Platform: the online booking platform service for romantic and unusual accommodation operated by Love in Room.
- Host: the professional who publishes a listing on the platform.
- Traveller: the person who browses the platform and, where applicable, sends a booking request.
- Listing: an offer published by the host on the platform.
- Accommodation contract: the contract entered into between the host and the traveller.
- Booking Terms: the booking terms and conditions applicable to travellers.
3. Love in Room's role and nature of the relationship
Love in Room acts as a platform operator and intermediary. It provides the platform, presents listings, allows booking requests to be sent, passes on those requests, provides the technical payment infrastructure, technically applies the agreed booking and cancellation rules, and carries out the technical refund operations where they are due.
Love in Room is not the provider of the accommodation, is not the operator of the establishment, is not the host's agent for entering into the accommodation contract, is not a party to the accommodation contract, and is not a payment institution.
The accommodation contract is entered into directly between the host and the traveller. Love in Room never becomes a party to it merely because it provides the platform, passes on a request, intervenes technically in the payment or facilitates the handling of a dispute.
These Terms create no agency, partnership, joint venture, commercial agency or employment relationship between the parties.
4. Host warranties and obligations
The host warrants, throughout the relationship:
4.1 Capacity and status
- having the legal capacity to contract and, where acting for a legal entity, the authority to bind it;
- acting in a professional capacity in the course of its accommodation business;
- operating the accommodation lawfully.
4.2 Authorisations and regulations
- holding and maintaining all authorisations, declarations, registrations and enrolments required for its business and for the accommodation offered, including, as applicable: establishment classification or declaration, furnished tourist accommodation declaration and declaration number, change-of-use authorisation, bed-and-breakfast declaration, public venue opening authorisation;
- complying with the regulations applicable to its establishment, in particular regarding safety, accessibility, hygiene, fire safety, nuisance control and price display;
- complying, where applicable, with the rental duration limits applicable in its municipality.
The host shall promptly provide Love in Room with any information or declaration number whose publication or transmission is required by law.
4.3 Listing, information and content
- the accuracy, truthfulness and currency of all published information: description, services, facilities, capacity, access conditions, house rules, address;
- the reality of the advertised services and their actual availability;
- the accuracy of the displayed price and its compliance with applicable price display regulations;
- holding all rights in the photographs, texts, trademarks, logos and other content it provides, or holding the authorisations necessary for their publication and use by Love in Room under Article 8;
- the conformity of the accommodation with its description.
4.4 Availability
- keeping its calendar up to date and synchronised with its other sales channels;
- bearing the consequences of a double booking resulting from a calendar that is not kept up to date.
4.5 Stay and traveller relationship
- welcoming the traveller on the advertised terms and performing the booked stay;
- ensuring the safety and hygiene of the premises and facilities;
- responding to booking requests within the twenty-four (24) hour period provided for in the Booking Terms;
- responding to travellers and handling their complaints about the stay;
- complying with the Booking Terms and the cancellation policy it has chosen;
- appointing a consumer mediator in accordance with Article L.612-1 of the French Consumer Code and providing the traveller with its contact details.
4.6 Administrative, tax, social security and insurance obligations
- complying with its tax and social security obligations, in particular regarding income declaration, tourist tax and, where applicable, value added tax;
- collecting and remitting tourist tax where it is due;
- taking out and maintaining the insurance required for its business, in particular professional liability insurance covering the reception of guests, and evidencing it on first request.
4.7 Means of collection
Where the host offers online booking, it undertakes to create and keep operational the payment account attached to its business, and to promptly provide the payment provider with the information and supporting documents it requires.
The host acknowledges that the unavailability or restriction of that account prevents online booking of its listings, without that consequence constituting a breach by Love in Room.
4.8 Business contact details
- keeping its business contact details accurate and up to date, in particular its name, address, phone number, email address and, where it has one, its registration number.
5. Services provided by Love in Room
Depending on the plan subscribed to, Love in Room provides the host with:
- publication and presentation of its listings on the platform;
- tools to manage its listings, availability and prices;
- where applicable, activation of online booking;
- where applicable, additional services subscribed to separately.
Love in Room provides these services on a best-efforts basis. It guarantees no volume of visits, requests, bookings or turnover, and guarantees no ranking in the platform's search results or in those of third-party search engines.
6. Publication and moderation of listings
Love in Room may refuse, alter the presentation of, demote, hide or withdraw a listing that does not comply with these Terms or with applicable regulations, or that presents a risk to travellers or to the platform.
Love in Room may adapt the editorial formatting of the content provided without altering its meaning.
7. Payment for bookings
Travellers' card payments are processed by Stripe on the payment account attached to the host. Love in Room provides the interface and the technical instructions enabling the payment to be carried out but does not collect the price of the stay on its own account.
The host accepts the payment provider's terms and acknowledges that the conditions for making funds available, identity checks and any restrictions are a matter for that provider.
The payment provider's processing fees are borne by the host.
8. Content licence
The host grants Love in Room, for the duration of the relationship and for the purposes of operating and promoting the platform, a non-exclusive, worldwide and royalty-free licence to reproduce, display, adapt the format of and translate the content it provides, on the platform, in its communications and on its promotional materials.
This licence ends when the listing is withdrawn, subject to reproductions remaining in technical archives, third-party caches and materials already distributed.
9. Love in Room's remuneration
Love in Room is remunerated through:
- the subscription taken out by the host and, where applicable, the paid options it subscribes to, at the rates in force displayed on the platform;
- a commission on the portion of bookings funded by a Love in Room gift card, under the conditions of Article 10.
Love in Room receives no commission on the portion of bookings paid by card.
Subscription and option rates are those displayed on the platform on the day of subscription. They are stated excluding tax.
10. Commission on the gift card portion
Where a booking is paid in whole or in part using a Love in Room gift card, Love in Room receives a commission of 10% calculated on the gift-card-funded portion of the price only.
Cleaning fees and tourist tax are excluded from the basis of this commission.
This commission is borne by the host: it is deducted from the amount due to the host in respect of that portion. It does not increase the price paid by the traveller.
The amount due to the host for the gift card portion is therefore equal to 90% of that portion, rounded to the nearest cent.
The portion of the booking paid by card is not subject to any commission.
The applicable rate is the one in force on the day the booking is confirmed; it is locked in for that booking.
11. Cancellation policies
For each of its listings, the host chooses one of the four cancellation policies offered by the platform: Flexible, Standard, Firm or Strict, whose content is set out in Article 16 of the Booking Terms.
The chosen policy, and its version, are locked in on each booking at the time it is confirmed. A subsequent change to the host's choice has no effect on bookings already made.
The host undertakes to honour the policy locked in on each of its bookings.
12. Cancellation by the host
A host who cancels a confirmed booking bears the economic consequences of that cancellation.
In accordance with Article 21 of the Booking Terms, all sums paid by the traveller are refunded to them: 100% of the stay and 100% of the extras paid online, whatever the cancellation policy and whenever the cancellation occurs.
Love in Room may technically carry out that refund. Doing so constitutes neither an assumption of the cost, nor a guarantee, nor subrogation: the sums refunded are those owed by the host, and the associated banking or processing fees are borne by the host.
As between Love in Room and the host, the economic burden of a refund made necessary by a cancellation or a breach attributable to the host falls on the host, subject to mandatory legal provisions.
Accordingly, where Love in Room has actually advanced a sum in respect of such a refund, the host shall reimburse it on first request, together with reasonably incurred and evidenced costs.
Love in Room may, where the applicable law permits, set off that claim against any sum due that it holds on the host's behalf or owes to the host on any basis whatsoever.
Repeated cancellations by the host constitute a breach of these Terms and may justify the measures set out in Article 18.
13. Unpaid amounts and chargebacks
The host is informed that, since the charge is carried out on the payment account attached to its business, it bears chargebacks, unpaid amounts and consequent debits relating to bookings concerning it, together with the corresponding fees.
The host undertakes to cooperate fully with Love in Room and with the payment provider, and to provide without delay any supporting evidence useful in contesting a payment dispute, in particular evidence establishing the reality of the booking, the reception of the traveller and the performance of the stay.
Love in Room may pass on to the payment provider the evidence in its possession. It guarantees no outcome in a chargeback procedure and assumes no obligation of result in this respect.
14. Tax and reporting obligations
It is for the host to declare the income derived from its business and to meet the resulting tax and social security obligations. Information from the authorities is available at impots.gouv.fr and urssaf.fr.
Love in Room provides hosts with the tax and social security information required by the regulations applicable to platform operators and complies, where they apply to it, with the reporting obligations arising in particular from the DPI-DAC7 framework.
The host undertakes to provide the required information for that purpose and to keep it up to date. Failure to provide that information may, under the conditions provided for by the applicable texts, lead to suspension of its account.
15. Host's liability
The host is solely responsible for:
- the lawfulness and reality of its business;
- the actual availability of published listings;
- the conformity of the accommodation with its description;
- the accuracy of the information it provides, including its legal information;
- the displayed price;
- the content it provides and the attached rights;
- safety, hygiene, facilities, access and reception;
- the services it offers and their performance;
- its administrative, tax, social security and insurance obligations;
- compliance with the regulations applicable to its establishment;
- performance of the stay;
- complaints arising from its services;
- cancellations for which it is responsible;
- keeping its calendar and the double bookings resulting from it.
16. Indemnity in favour of Love in Room
The host shall indemnify Love in Room against any claim, action, proceedings, judgment or administrative penalty, as well as against reasonably incurred damages, costs and fees, arising from:
- a breach by the host of these Terms or of the Booking Terms;
- the service it provides or fails to provide;
- the content it publishes, in particular in the event of infringement of an intellectual property right or a personality right;
- the inaccuracy of the information it provides;
- a safety, hygiene or conformity defect of the accommodation;
- a breach by it of a legal or regulatory provision.
Love in Room shall inform the host of any claim covered by this article within a reasonable time, provide it with the information in its possession, and involve it in the defence. Love in Room retains control of its own defence.
This indemnity applies subject to the limits imposed by law and does not apply to the extent that the claim results from wilful misconduct or gross negligence by Love in Room.
17. Love in Room's liability
Love in Room is answerable for its own obligations as a platform operator, on a best-efforts basis.
Love in Room is not liable for:
- the consequences of a temporary interruption, maintenance operation or technical unavailability of the platform;
- failures of communication networks, of a technical hosting provider's services, of a payment provider or of any other third party;
- decisions of the payment provider concerning the host's account, in particular a restriction, suspension or closure;
- information provided by the host or by a third party;
- any event of force majeure or beyond its reasonable control;
- the volume of visits, requests or bookings, or the host's turnover;
- the ranking of listings in third-party search engines.
To the extent permitted by law, Love in Room's liability towards the host, for all damage arising from the contractual relationship over a twelve (12) month period, is limited to the total amount paid by the host to Love in Room over that same period.
Love in Room is not liable for indirect damage, in particular loss of business, loss of customers, loss of opportunity, damage to image or loss of profit.
These limitations do not apply in the event of wilful misconduct or gross negligence, nor in the event of personal injury, nor where a mandatory legal provision prevents it.
18. Restriction, suspension and termination
18.1 Measures
Love in Room may restrict, suspend or withdraw a listing, deactivate online booking, hide content, suspend the host's account, or terminate the contractual relationship.
18.2 Grounds
These measures may in particular be taken in the event of:
- fraud, attempted fraud or manipulation;
- risk to the safety of travellers or third parties;
- false, misleading or outdated information;
- unlawful activity or a listing contrary to regulations;
- absence or loss of required authorisations;
- serious or repeated traveller complaints;
- repeated cancellations by the host;
- restriction, suspension or closure of the attached payment account;
- non-payment of the subscription or a subscribed option;
- breach of these Terms or of the Booking Terms;
- performance of a legal or regulatory obligation or of an injunction;
- serious risk to Love in Room, to the platform or to its users.
18.3 Statement of reasons and notice
In accordance with Regulation (EU) 2019/1150:
- any restriction or suspension is accompanied by a statement of reasons, provided to the host on a durable medium, before or at the time it takes effect;
- termination by Love in Room is notified with at least thirty (30) days' notice, together with the statement of reasons.
The statement of reasons may be deferred, and the notice period does not apply, where Love in Room is subject to a legal or regulatory obligation requiring it to act without delay, where an overriding reason relating to the protection of travellers or third parties justifies it, or in the event of repeated breaches by the host.
Immediate suspension, without notice, may be imposed where it is necessary to prevent a safety risk, fraud or the breach of a legal obligation. The statement of reasons is then provided as promptly as possible.
18.4 Termination by the host
The host may terminate the relationship at any time from its account area or by written request. Termination takes effect at the end of the current subscription period, with no pro rata refund, unless a mandatory provision provides otherwise.
18.5 Effects
Termination results in the withdrawal of the host's listings. It has no effect on bookings already confirmed, which the host remains bound to perform or, failing that, to cancel under the conditions of Article 12.
The obligations under Articles 13, 16 and 21 survive the end of the relationship.
18.6 Complaint handling and business-to-business mediation
Love in Room, as a small enterprise within the meaning of Regulation (EU) 2019/1150, is not bound by the obligations in its Articles 11 and 12 (internal complaint-handling system and appointment of mediators).
The host may send any complaint to [email protected], to which Love in Room will respond within a reasonable time.
19. Changes to these Terms
Love in Room may amend these Terms. Any amendment is notified to the host on a durable medium, with at least fifteen (15) days' notice before it takes effect, in accordance with Regulation (EU) 2019/1150. A longer notice period is applied where the nature of the change requires it.
The host may terminate before the notice period expires. Continuing to use the platform after the amendment takes effect constitutes acceptance.
The notice period does not apply where the amendment results from a legal or regulatory obligation, or where it is necessary to address an unforeseen and imminent danger.
20. Ranking of listings
The main parameters determining the ranking of listings on the platform, and the reasons for their relative importance, are set out on the Platform transparency page, in accordance with Article 5 of Regulation (EU) 2019/1150 and Article L.111-7 of the French Consumer Code.
The host is informed that the subscription plan taken out influences the ranking of listings in the results, and that separate paid placements may be purchased.
21. Personal data
Each party processes the personal data for which it is responsible in compliance with Regulation (EU) 2016/679.
Love in Room processes the host's data under the conditions described in its privacy policy.
Traveller data provided to the host in connection with a booking may only be used for performing the stay and complying with the host's legal obligations. Any use for prospecting purposes is prohibited without a legal basis of the host's own, for which the host is then solely responsible.
22. Confidentiality
Each party shall refrain from disclosing the other's non-public information of which it becomes aware in connection with the relationship, save where required by law or a court.
23. Assignment
Love in Room may assign or transfer this contract as part of a transaction concerning its business, subject to informing the host. The host may not assign this contract without Love in Room's prior written consent.
24. Miscellaneous
If any provision of these Terms is declared void, unwritten or unenforceable, the remaining provisions remain in full force.
Love in Room's failure to rely on a breach does not constitute a waiver.
25. Governing law and jurisdiction
These Terms are governed by French law.
As both parties act in a professional capacity, any dispute relating to their formation, interpretation or performance falls, failing an amicable settlement, within the exclusive jurisdiction of the courts within the jurisdiction of the Aix-en-Provence Court of Appeal, including where there are multiple defendants or third-party proceedings.
26. Contact
Love in Room — Nicolas Lipowiez, sole trader
437 avenue Aristide Briand, 83160 La Valette-du-Var, France
[email protected]