Terms of use

SPORTIHOME is an online PLATFORM paired with an iOS and Android app that allows sports TRAVELLERS find ACCOMMODATION near to sports facilities and SPOTS in France and abroad. SPORTIHOME also allows its community of USERS to list and score SPOTS for everyone to be able to locate and enjoy. More than just a site for connecting individuals, SPORTIHOME's "raison d'être" is the sharing of information about SPOTS, the sharing of experiences between sportsmen and women and, more broadly, the pleasure of meeting like-minded sports enthusiasts. It was for this purpose that SPORTIHOME was created to allow its USERS to directly communicate with people wishing to HOST them so that they can make the most of their stay and enjoy their favourite sport. Use of SPORTIHOME's services implies acceptance of and compliance with the rules stipulated in the present Terms of Service.

Last update: October 30, 2018

DEFINITIONS

HOST: an individual that has a PROFILE on the WEBSITE to offer ACCOMMODATION to TRAVELLERS for a specified period.

TRAVELLER: a person who uses the WEBSITE's services to find ACCOMMODATION at a HOST's house during a journey.

ACCOMMODATION: lodgings object of the description in the HOST's listing that can accommodate the TRAVELLER for a specified period.

PLATFORM: all of the online services offered by SPORTIHOME.

PROFIL: all of the information provided by the USER when signing up to the WEBSITE.

SPOT: a place suited for the practice of a specific sport.

WEBSITE: all of the pages collectively posted online under a single domain name, namely: www.sportihome.com, paired with an iOS and Android app.

SPORTIHOME: the WEBSITE of which the URL is www.SPORTIHOME.com published by SAS SPORTIHOME, Cap Oméga -Rond-Point Benjamin Franklin - CS 39521 - 34 960 Montpellier - FRANCE - CEDEX 2, with a share capital of €13,640, registered in the Montpellier Trade and Companies Register under No. 825 134 604, whose intracommunity VAT number is FR 05 825134604, to which apply the present Terms of Service.

USER: any natural person or representative of a legal person that creates a PROFILE on SPORTIHOME.

PURPOSE

SPORTIHOME offers all natural persons over 18 years of age, or any representative of a natural person or of a group, the option to sign up to the WEBSITE and/or iOS or Android app to connect with a HOST or TRAVELLER, and locate and describe SPOTS subject to compliance with the present Terms of Service. SPORTIHOME only HOSTS listings for ACCOMMODATIONS and SPOTS descriptions on its WEBSITE and/or iOS and Android app for use by TRAVELLERS and is not directly involved in contracts formed between HOSTS and TRAVELLERS. SPORTIHOME is not a travel agency, does not organise or sell travel or individual or group ACCOMMODATION and/or services that may be supplied as part of this travel or ACCOMMODATION.

INSCRIPTION

SPORTIHOME is accessed via the URL www.sportihome.com or the iOS or Android app SPORTIHOME. Browsing of the WEBSITE is free of charge. However, USERS must complete a sign-up form to be able to send booking requests for ACCOMMODATION to HOSTS, add a SPOT or submit a comment on a SPOT and/or ACCOMMODATION. The use of the services that allows USERS to submit or answer an ACCOMMODATION request via SPORTIHOME is reserved for natural persons of full legal capacity over 18 years of age at the date they sign up. You may also sign up from social media accounts.

THE USER'S OBLIGATION

The USER must read and accept the present Terms of Service. After having read these, the USER shall then validate them online and be irrevocably deemed to have acknowledged and unreservedly accepted and consented to these terms.

HOST'S OBLIGATION OF SAFETY

By accepting the present Terms of Service, the HOST declares that he/she occasionally HOSTS TRAVELLERS, acknowledges and accepts his/her liability for all ACCOMMODATION listings he/she has published, is authorised to lease his/her ACCOMMODATION, is in compliance with any existing legislation, and that his/her ACCOMMODATION exists and is available at the arrival time of the TRAVELLER for whom the booking has been validated. The HOST has 24 hours from the time of the TRAVELLER's booking request to acknowledge and check whether he/she can accept this request. The HOST undertakes to answer honestly. Should the HOST fail to reply within the aforementioned period, SPORTIHOME may suspend the HOST's account. If the HOST repeatedly fails to respond within 24 hours of a request, SPORTIHOME may delete his/her account. The TRAVELLER has 24 hours to reply to the HOST if the booking request is accepted, after which the acceptance will be cancelled.

The HOST and TRAVELLER are reminded that their relations may be governed by contractual civil liability rules stipulated by the French Civil Code as part of their contractual regulations after they have come into contact via the PLATFORM. SPORTIHOME is not party to this contract and therefore does not guarantee the commitments taken by the latter as part of their exchanges.

PROHIBITION OF ADDITIONAL BILLING

For ACCOMMODATION requests generated via SPORTIHOME, the HOST hereby accepts to HOST the TRAVELLER in compliance with the Terms of Service and shall not apply any additional charges or payment not explicitly offered by SPORTIHOME in the ACCOMMODATION listing details provided online, with the exception of bond requests. However, the HOST remains free to offer additional paying services to improve the TRAVELLER's stay, whereby SPORTIHOME shall not intervene at any stage in the organisation of these additional services.

HOST'S OBLIGATION OF SAFETY

The HOST's welcome may include helping the TRAVELLER discover various SPOTS. As such, the HOST assumes all responsibility for the discovery of the SPOT in question and management of the related risks, which may vary depending on the type of sport. The TRAVELLER therefore acknowledges that SPORTIHOME assumes no responsibility in the organisation of the discovery of SPOTS presented on the PLATFORM, by the HOST or by another USER, nor for the practice of a sport at this location. When presenting SPOTS to the TRAVELLER and for the practice of sports at those sites, the HOST undertakes exercise caution and comply with all regulations to ensure the safety of all those involved. SPORTIHOME may not be held liable for any damages resulting from the above circumstances. However, if SPORTIHOME is held liable for any damage to a person resulting from these circumstances, the HOST and/or TRAVELLER shall release and cover SPORTIHOME against any damaging effects that may result from any lawsuit made against it in relation to these circumstances.

HOST'S DUTY OF FAIRNESS

It is stated in the preamble that the law imposes a principle of contractual good faith which forbids the HOST from using SPORTIHOME's services to, once he/she has been put into contact with a TRAVELLER via SPORTIHOME, benefit from direct contact with the TRAVELLER and bypass the PLATFORM. The HOST undertakes to dismiss any TRAVELLER who may directly solicit him/her without going through the PLATFORM and to use SPORTIHOME for all new bookings where their relation was first established via SPORTIHOME.

DESCRIPTION OF THE HOST'S ACCOMMODATION

The ACCOMMODATION offered by the HOST is illustrated by one or several photographs to provide the TRAVELLER a visualisation of the ACCOMMODATION that is as accurate as possible for the TRAVELLER to choose whether to finish the booking. These photographs are accompanied by a description of the ACCOMMODATION's key features and rates offered by the HOST, as well as the dates at which it is available. SPORTIHOME undertakes to present a true likeness of the ACCOMMODATION to prevent the TRAVELLER from being disappointed upon arrival. However, given the communication medium, potential related technical hazards and quality of the screen used by the TRAVELLER to visualise the ACCOMMODATION offered by the HOST, the TRAVELLER hereby acknowledges to be informed that changes may be made to the photographed sites after these images have been published online. SPORTIHOME undertakes to ensure that any substantial change made to the ACCOMMODATION is depicted by new images as soon as possible. The HOST fully releases and covers SPORTIHOME against any lawsuits and/or sentences or claims that may arise as a result of the above. The TRAVELLER must therefore acquaint him/herself with the ACCOMMODATION description.

RELATIONS BETWEEN HOST AND TRAVELLER

The HOST undertakes to be on time for any meeting set with the TRAVELLER and to promptly inform the latter by any means should he/she be late or need to change the meeting time. The HOST hereby acknowledges to be informed that he/she must provide the TRAVELLER with all of the hosting services, under the French civil law contractual regulations.

DISCLAIMER

SPORTIHOME's service is restricted to the connection of HOSTS and TRAVELLERS via the PLATFORM and does not concern the contractual relation that may be formed between them. SPORTIHOME is not party to the contract connecting the parties after their relationship has been established and therefore benefits from the provisions stipulated under Article 1199 of the French Civil Code which states « A contract creates obligations only as between the parties. Third parties may neither claim performance of the contract nor be constrained to perform it, subject to the provisions of this section and those in Chapter III of Title IV. » SPORTIHOME is not liable for rental contracts not issued via the site.

REMOVAL OF A PROFILE, ACCOMMODATION OR SPOT

SPORTIHOME may, without notification, delete any PROFILE (USER, TRAVELLER or HOST), ACCOMMODATION or SPOT that is deems breaches the Terms of Service or any existing legal or regulatory provisions or for any other reason that it does not need to justify to the person concerned. It may not be held liable for the removal of a PROFILE, ACCOMMODATION or SPOT.

DESCRIPTION OF A SPOT

SPORTIHOME draws the USER's attention to the information provided about SPOTS. When making a description about a site's areas or level or risk, individuals must endeavour to provide information that is as accurate as possible. SPORTIHOME cannot verify these SPOTS and may only remove their listing after having been informed of elements that prove the said SPOTS do not provide a satisfactory level of safety. By providing information about SPOTS, the USER may be held civilly liable. It is therefore the USER's duty to take all due care when posting a description. SPORTIHOME may not be held liable for this information. However, if SPORTIHOME is held liable for any damage to a person due to this information, the USER shall release and cover SPORTIHOME against any damaging effects that may arise from any lawsuit made against it in relation to this information. SPORTIHOME reserves the right to delete any SPOT or USER PROFILE that breaches the safety obligations outlined in the present Terms of Service or reiterated on the WEBSITE.

NETWORK AND ACCESS TO WEBSITE OR APPLICATION

Access to the SPORTIHOME WEBSITE and app requires an internet connection. Internet connections can be interrupted and/or slow and SPORTIHOME may not be held liable for this. SPORTIHOME may not be held liable for internet connection problems encountered by the USER, TRAVELLER or HOST, computer viruses contracted via this network or by other means, or any malicious act made via this network or any other means. SPORTIHOME is not liable for any damage caused to equipment via the internet connection or any other means. SPORTIHOME does not guarantee the continuity of the WEBSITE and/or app.

RESPECT OF LEGAL AND REGULATORY PRINCIPLES

Use of SPORTIHOME's services implies compliance with all existing legislative and regulatory texts, including but not limited to regulations governing fiscal and social rules for services between professionals or between individuals and professionals. The HOST and TRAVELLER are reminded that "ignorance of law excuses no one" and that it is not part of SPORTIHOME's mission to inform them of all of the laws governing the use of services made available to them to make or reply to ACCOMMODATION listings. Any legal information provided by SPORTIHOME is done so as a warning and reminder but does not present all applicable regulations. SPORTIHOME may not be held liable if it has not provided a piece of legal information about positive law that individuals are supposed to know or seek before using the services on offer.

SPORTIHOME'S LIABILITY AS HOST OF THE WEBSITE AND APP

With regard to Law No. 2004-575 of June 21, 2004, regarding Confidence in the Digital Economy and in particular with regard to its Article 6-2 and 6-3: "Any moral entity who provides, even free of charge, hosting and technical services for the public communication of signals, writing, images, sounds or messages of any kind supplied by USERS of these services cannot be held civilly responsible for the activities or information stored at the request of a USER of these services, on the condition that they had no knowledge of the said illicit content or acts that could reveal this illicit nature and that they acted quickly to have such content removed or to restrict access to this content once they were made aware of its illicit nature." (6-3) "The persons stipulated in paragraph 2 may not be held criminally liable for information hosted at the request of a USER of these services, on the condition that they had no knowledge of the said illicit content or acts and that they acted quickly to have such content removed or to restrict access to this content once they were made aware of its illicit nature." The USER is informed that with regard to the aforementioned law, SPORTIHOME is not subject to the "general obligation to monitor the information it transmits or HOSTS, nor to the general obligation to seek illicit content or acts".

EXCHANGES BETWEEN USERS

USERS undertake to be amicable, serious and reactive when interacting with each other. Under all circumstances they shall act in good faith when posting answers, in compliance with the provisions of the French Civil Code. Any person who notes a comment or opinion posted online that breaches a third party's rights or law or regulation shall immediately notify the HOST using the contact form provided.

CHANGES TO THE TERMS OF SERVICE

SPORTIHOME reserves the right to change its Terms of Service at any time without notification. The USER shall be informed of this change by email sent to the email address he/she provided to sign up. The USER may be asked to accept these changes before being able to access his/her PROFILE again.

INTELLECTUAL PROPERTY

All of SPORTIHOME's WEBSITE and app content, including but not limited to, graphics, images, texts, videos, cartoons, sounds, logos, gifs and icons as well as the formatting of these, are the exclusive property of SPORTIHOME except for any brands, logos or content that belong to partner companies or authors; it is strictly forbidden to reproduce, distribute, change, adapt, retransmit or publish, in whole or in part, any of these various items without prior written consent. Such representation or reproduction by any process whatsoever constitutes an infringement under Articles L.3335-2 and above of the French Intellectual Property Code. Failure to comply with this restriction constitutes an infringement of copyright for which the offender may be held civilly and criminally liable. In addition, owners of the copied Content may file suit against you. SPORTIHOME is the owner of the "rights of database producers" stipulated in Book III, Title IV of the Intellectual Property Code (Law No. 98-536 of July 1, 1998) related to copyright and databases. For any request for authorisation or information please contact SPORTIHOME using the contact form provided.

PERSONAL DATA

SPORTIHOME is the processor of USERS' personal data. Information provided by USERS when using the WEBSITE are used to treat and process the services, for marketing purposes, to manage relations with the USER and to comply with SPORTIHOME's legal and regulatory requirements in this regard. The USER is also informed that any personal data given when signing up to the WEBSITE may be sent to companies that work with SPORTIHOME for marketing purposes, as part of customer services or telephone, postal, or commercial marketing campaigns. USERS may forbid the communication of their personal data by writing to: SAS SPORTIHOME, Cap Oméga - rond-point Benjamin Franklin - CS 39521 - 34 960 Montpellier - FRANCE - CEDEX 2. USERS are informed that if an addressee's headquarters are located outside of the European Union, SPORTIHOME, shall comply with the legal data transfer provisions, particularly the requirements set by the French data protection authority (the CNIL). By virtue of Law No. 78-17 of January 6, 1978, known as the act on "Information technology, Data files and Civil Liberties", the USER has the right to access, correct or delete any personal data, which he/she may exercise by writing a letter accompanied by a proof of identity (photocopy of valid national identity card or valid passport) to: SAS SPORTIHOME, Cap Oméga - rond-point Benjamin Franklin - CS 39521 - 34 960 Montpellier - FRANCE - CEDEX 2

PRICING - PAYMENT PROCESS

For TRAVELLERS to be put into direct contact with HOSTS and also cover costs related to the WEBSITE and services, service fees shall be added to the total gross amount of each booking. The HOST may choose to include in the ACCOMMODATION price any taxes that he/she determines necessary for the hiring of the ACCOMMODATION and any fees for cleaning, linen and towel, breakfast or other costs authorised by SPORTIHOME. Bond requests are not covered in the payment process.

USE OF BONDS

The HOST may indicate the price of a bond required to HOST the TRAVELLER at the ACCOMMODATION before the booking is concluded. For ACCOMMODATION listings that indicate a bond, to confirm the booking the TRAVELLER shall accept to be deducted the maximum amount of the bond request by the HOST in the event of a dispute. If the HOST issues a request to retain the bond, he/she must do so within 14 days of the TRAVELLER's departure or before a new TRAVELLER arrives at the premises if that takes place beforehand. Upon request, SPORTIHOME shall act as a mediator and retrieve the money from the TRAVELLER, as necessary. SPORTIHOME is not liable for bonds not issued via the site.

VALIDATION OF TRANSACTION

After having verified the details and total price of the booking, the TRAVELLER is irrevocably deemed to have read SPORTIHOME's Terms of Use and accepted these by clicking on the designated area. SPORTIHOME transfers the request to the HOST, which has 24 hours to confirm acceptance of the service. If the HOST fails to respond within this period, the request is cancelled. The request offer acceptance confirmation and receipt are irrevocably deemed to have been accepted once the TRAVELLER to whom they are addressed can access them. The TRAVELLER's validation of the HOST's service acceptance confirmation triggers the actual payment process and constitutes the act be which SPORTIHOME receives its fee. The TRAVELLER is debited the total sum upon the HOST's validation confirmation of the booking request. The HOST is paid 48 hours after the TRAVELLER's arrival. In the event of any incident that prevents the payment from being validly completed, the transaction shall be deemed to not have been validly made and the TRAVELLER shall be informed of this. Subject to the provisions of the present Terms of Service, the TRAVELLER may access his/her purchasing record at any moment. The transaction validity is subject to the absence of any prior unresolved dispute that may have risen between the TRAVELLER and the HOST.

ANNULATION

Unless you are able to establish a case of force majeure, we will made no exceptions to the following rules : Cancellation of a booking by the Traveller: SPORTIHOME allows HOSTS to choose from the following Cancellation Policies: flexible, moderate, strict or very strict. We will endeavour to protect both the HOST and the TRAVELLER. Each listing and booking made on our WEBSITE clearly states its Cancellation Policy. TRAVELLERS can cancel and check which penalties apply by reading their journey summary and clicking on Cancel on the booking in question. The TRAVELLER will not be charged any cancellation fees before the HOST accepts the booking request. Any cancellation made by the TRAVELLER after having validated the confirmation of the booking by the HOST and before or after arriving at the ACCOMMODATION, shall bear the following repayment terms. All cleaning, linen and towel, breakfast and city tax fees are included in the ACCOMMODATION fees.

For the flexible level

IF THE TRAVELLER CANCELS 24 HOURS BEFORE ARRIVAL, REFUND OF ACCOMMODATION FEES TO TRAVELLER (EXCLUDING TRAVELLER SERVICE FEES OWED TO SPORTIHOME). IF THE TRAVELLER CANCELS LESS THAN 24 HOURS BEFORE ARRIVAL, NO REFUND.

For the moderate level

IF THE TRAVELLER CANCELS 5 FULL DAYS BEFORE ARRIVAL, REFUND OF THE ACCOMMODATION FEES TO THE TRAVELLER (EXCLUDING TRAVELLER SERVICE FEES OWED TO SPORTIHOME). IF THE TRAVELLER CANCELS LESS THAN 5 FULL DAYS BEFORE ARRIVAL, REFUND OF 50% OF ACCOMMODATION FEES TO THE TRAVELLER (EXCLUDING TRAVELLER SERVICE FEES OWED TO SPORTIHOME) AND REFUND OF 50% OF ACCOMMODATION FEES TO THE HOST (EXCLUDING HOST SERVICE FEES OWED TO SPORTIHOME APPLIED TO THE REFUNDED AMOUNT). IF THE TRAVELLER CANCELS LESS THAN 24 HOURS BEFORE ARRIVAL, NO REFUND.

For the strict level (with a grace period)

IF THE GUEST CANCELS MORE THAN 7 FULL DAYS BEFORE ARRIVAL, REFUND OF 50% OF ACCOMMODATION FEES TO THE GUEST (EXCLUDING GUEST SERVICE FEES OWED TO SPORTIHOME) AND REFUND OF 50% OF ACCOMMODATION FEES TO THE HOST (EXCLUDING HOST SERVICE FEES OWED TO SPORTIHOME APPLIED TO THE REFUNDED AMOUNT). IF THE GUEST CANCELS LESS THAN 7 DAYS BEFORE ARRIVAL, NO REFUND. GRACE PERIOD: THE TRAVELLER HAS 48 HOURS FOLLOWING THE CONFIRMATION OF THE BOOKING TO CANCEL AND BE FULLY REFUNDED THE ACCOMMODATION FEES. HOWEVER, IF THE BOOKING IS CONFIRMED LESS THAN 14 FULL DAYS BEFORE ARRIVAL THE GRACE PERIOD DOES NOT APPLY.

For the very strict level

IF THE GUEST CANCELS MORE THAN 60 FULL DAYS BEFORE ARRIVAL, REFUND OF 50% OF ACCOMMODATION FEES TO THE GUEST (EXCLUDING GUEST SERVICE FEES OWED TO SPORTIHOME) AND REFUND OF 50% OF ACCOMMODATION FEES TO THE HOST (EXCLUDING HOST SERVICE FEES OWED TO SPORTIHOME APPLIED TO THE REFUNDED AMOUNT). IF THE GUEST CANCELS LESS THAN 60 DAYS BEFORE ARRIVAL, NO REFUND.

Cancellation of a booking by a TRAVELLER in the event of an "ACCOMMODATION problem": If the TRAVELLER finds a valid "ACCOMMODATION problem", SPORTIHOME agrees, at its own discretion, to either make reasonable efforts to provide alternative ACCOMMODATION, or give the TRAVELLER a refund to an amount that shall be determined by the nature of the ACCOMMODATION problem. The refunded amount shall be determined at SPORTIHOME's sole discretion. Examples of a valid ACCOMMODATION problem include: For instance:

Before cancelling a booking due to an "ACCOMMODATION problem", the TRAVELLER must first make reasonable efforts to find a solution to the problem with the HOST. In addition, the TRAVELLER may not have directly or indirectly caused the ACCOMMODATION problem. The TRAVELLER must notify us SPORTIHOME within 24 hours from the start of the booking, and cooperate with SPORTIHOME by providing it with information, including photographs or other evidence to prove the existence of the ACCOMMODATION problem.

Cancellation of a booking by the Host: Should the HOST cancel a booking after having confirmed the booking, he/she shall refund the TRAVELLER if he/she does not select an alternative solution offered by SPORTIHOME. So that TRAVELLERS are kept properly informed, SPORTIHOME reserves the right to automatically mention on your ACCOMMODATION listing any prior booking cancellations, mark cancelled booked dates as unavailable on the listing calendar and apply a €100 fine that will be deducted from your future ACCOMMODATION transactions. The HOST shall be provided comprehensive information regarding the cancellation cost penalty applied before he/she confirms his/her decision to cancel. There are two available options for processing cancellations. The first is to log into your SPORTIHOME account, select "My Trips" or "My Bookings" if you are a HOST, select the booking in question, then click "Cancel". You can also contact SPORTIHOME's customer service department. Cancellations must be done in a timely manner so that all parties involved are informed, including SPORTIHOME, and that the best possible solutions are made available.

METHODS FOR PAYMENT OF PRICE TO HOST BY TRAVELLER

HOSTS are paid all sums due, less SPORTIHOME's fees, within 48 hours of the TRAVELLER's arrival at the HOST's ACCOMMODATION. For last-minute bookings, payment of sums owed to the HOST may be delayed due to bank security reasons where validation of the TRAVELLER's paid takes a mandatory 7 days. The HOST may access the history of these payments at any time under the "My Account" page of his/her PROFILE. The TRAVELLER may access the history of these payments at any time under the "My Account" page of his/her PROFILE.

HOST EVALUATION - SPOT EVALUATION

At the end of the service, TRAVELLERS are invited to assess and leave feedback about the ACCOMMODATION provided by the HOST. All USERS may assess and leave feedback about the SPOTS. These comments are moderated at a later stage. They must be balanced and polite and must not damage the honour or reputation of any individuals.

GUEST-HOST DISPUTES

As SPORTIHOME is not party to the contractual relations between the TRAVELLER and HOST, any dispute that arises from this operation must therefore normally be directly settled between the parties, where SPORTIHOME cannot be solicited to take part in any mediation or arbitral missions. However, any dispute likely to harm SPORTIHOME's brand image shall authorise SPORTIHOME to amicably take part in these proceedings to which neither the TRAVELLER nor the HOST may object. The parties must accept SPORTIHOME's mediation if it offers. By signing the present Terms of Use, you also accept, before any motioning appeal process, to take part in good faith in any mediation attempt handled by SPORTIHOME if this is offered by SPORTIHOME. Should a dispute between the TRAVELLER and HOST fail to be resolved by mediation, SPORTIHOME reserves the right to reasonably assess, with regard to the circumstances of the sale and any applicable legal and regulatory provisions, the merits of a TRAVELLER's request for a refund. SPORTIHOME may claim a refund from a HOST if it is proven that he/she was liable for an operation. With regard to the existing legal and regulatory provisions, the TRAVELLER remains free, under all circumstances, to decline the result of the mediation led by SPORTIHOME.

DAMAGES TO THE ACCOMMODATION

For ACCOMMODATIONS located in France, SPORTIHOME's insurance policy may cover certain costs incurred by damage caused by the TRAVELLER (for instance, if the TRAVELLER damages the HOST's ACCOMMODATION and/or causes bodily harm to the HOST or another person present). This coverage requires the HOST or TRAVELLER, as appropriate, to promptly notify the loss, in strict compliance with the terms of the applicable policy. The insurance policy terms and conditions are incorporated by reference to the present Terms of Service. As a TRAVELLER, you must leave the ACCOMMODATION in the same condition you found it upon arrival. You hereby acknowledge and accept, as a TRAVELLER, that you are responsible for your acts and omissions and that you are also responsible for the acts and omissions of any person you invite to the ACCOMMODATION or for whom you provide access to. As the TRAVELLER, you hereby acknowledge and accept that (a) although SPORTIHOME's aforementioned insurance policy may pay a maximum sum to the HOST for damage caused by you within the limits of the policy, you are entirely liable for the care and state of the ACCOMMODATION and for any damage caused to the ACCOMMODATION, and (b) you are entirely liable for any damage not covered by SPORTIHOME's insurance policy or that exceeds the limits of that policy. In the event that you caused the damage, you accept to immediately pay for any damage caused to the HOST's ACCOMMODATION in question. If you are a TRAVELLER, you understand and accept that SPORTIHOME reserves the right, at its sole discretion, to make a claim under the insurance policy of your owner, your tenant or any other policy related to any damage or loss that you have caused and for which you are liable or to rented property or personal belongings or other property found in the ACCOMMODATION. You accept to cooperate with SPORTIHOME, to help it in good faith and to provide it with any information it may reasonably ask to make a claim under the insurance policy of your owner, your tenant or other policy, including but not limited to providing documents and taking other measures that SPORTIHOME may reasonably ask to help it accomplish the above.

FORCE MAJEURE

In compliance with Article 1218 of the French Civil Code, any breach of the present agreement caused by an event of force majeure, as recognised and admitted by the French Court of Cassation, shall exonerate SPORTIHOME of its liability (force majeure shall be deemed to include any event that is at once unforeseeable, insurmountable and beyond the debtor's control). If such an event occurs, as SPORTIHOME is unable to perform its service it shall promptly inform the TRAVELLER and/or HOST by any means. The suspension of obligations or late delivery may under no circumstances be grounds for liability of non-performance of the obligation in question, nor incur payment of damages or late payment penalties.

APPLICABLE LAW - AMICABLE SETTLEMENT OF DISPUTES

The Terms of Service are subject to French law, to the exclusion of any other legislation. For professional USERS of SPORTIHOME, disputes arising from the use of the service made available to the public by SPORTIHOME must first be the object of an attempt at amicable settlement before the motion of any legal proceedings. For this purpose, the parties to the dispute must meet within 30 days from the start of the dispute at a location within the jurisdiction of the Montpellier Court of Appeal. Upon failure to reach an agreement within 15 days following this meeting, SPORTIHOME and the natural or legal person to whom it is opposed, shall recover their freedom to take part in court proceedings (these provisions are not applicable to consumers). For disputes between SPORTIHOME and professionals, no legal action aimed to engage SPORTIHOME's civil liability may be undertaken more than one calendar year from the start of the dispute, in compliance with the provisions of Article 2254 of the French Civil Code. In the event of a dispute arising from the use of the service made available to the USER, the applicable courts shall be those within the jurisdiction of the MONTPELLIER Court of Appeal (these provisions are not applicable to consumers). For disputes between SPORTIHOME and consumers, the consumer is informed that he/she may use the consumers mediation process under the conditions stipulated in Articles L. 611-1 and above of the French Consumer Code, and via the process available on the WEBSITE: www.economie.gouv.fr/mediation-conso. SPORTIHOME's ombudsman's contact details are: Medicys, 73 boulevard de Clichy, 75009 Paris, 01 49 70 15 93, contact@medicys.fr

CONTACT SPORTIHOME

If you have any questions with regard to these Terms of Service or any other query, please contact SPORTIHOME at https://sportihome-help.zendesk.com