Article 1 — Purpose

The purpose of these Terms of Sale (hereinafter the "Terms of Sale") is to set out the conditions under which Triptic provides its commercial services, namely:

• the subscription to and management of Subscriptions to the SaaS plans of the Platform;
• the processing of payments related to short-term rental Bookings between Hosts and Travelers.

The Terms of Sale supplement the Terms of Use. In the event of any conflict, the Terms of Sale shall prevail with respect to commercial and financial matters.

Article 2 — Subscriptions and pricing

2.1 Subscription plans

Triptic offers the following subscription plans:

Basic plan (free): access to the essential features of the Platform, including in particular: publication of Listings (unlimited properties), management of availability and rates by period, cleaning fee, instant booking, listing and pricing recommendations, multilingual listings, booking management, payment collection by credit card (Stripe), informational display of the tourism tax in the booking summary, in-app messaging with attachments, read-only address book, publication on triptic.io, automatic post-stay review collection, traveler profile, travel notebooks, and access to the social network.

Smart plan (EUR 19 excl. VAT per property per month): all the features of the Basic plan, plus: additional traveler fees, minimum/maximum length of stay, configurable arrival/departure days, booking lead time, calendar synchronization (iCal), listing promotion, PDF rental contract, security deposit management, automatic discounts, configurable cancellation policies, digital welcome book, managed address book, message templates and automated messages, dedicated website, display on dedicated website, review management, check-in/check-out inventory, and global statistics.

Pro plan (EUR 9 excl. VAT per property per month, minimum EUR 99 excl. VAT per month): all the features of the Smart plan, plus: API calendar synchronization, promotional codes, installment payments, online store, automatic traveler invoicing, bulk emails, bulk SMS, dedicated domain, concierge service directory, cleaning management, team to-do list, team management, Organization creation, owner contracts, performance by property and by owner, accounting export, and priority email support.

2.2 Prices

The prices in force are displayed on the pricing page of the Platform. They are stated in euros, all taxes included, including applicable VAT. Triptic reserves the right to change its prices at any time. Any price change will be notified to the Member at least thirty (30) days before its entry into force and will only apply from the next renewal of the Subscription.

Article 3 — Subscription and term

3.1 Subscription

Subscription to a paid Subscription is made online from the Platform. The Member chooses their plan, their billing frequency (monthly or annual) and proceeds with the payment via the Stripe service provider.

3.2 Term and renewal

The Subscription is taken out for a term corresponding to the chosen frequency (one month or one year) and is automatically renewed by tacit renewal for an identical term, unless terminated by the Member under the conditions provided for in Article 8.

3.3 Plan change

The Member may change plans at any time (upgrade or downgrade). In the event of an upgrade, the new price is applied immediately on a pro rata basis for the remaining period. In the event of a downgrade, the change takes effect at the next renewal and the features excluded from the new plan become inaccessible on that date.

Article 4 — Right of withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the consumer Member has a period of fourteen (14) days from the subscription to the Subscription to exercise their right of withdrawal, without having to provide reasons or pay penalties.

However, in accordance with Article L.221-28 of the French Consumer Code, if the Member has expressly requested the immediate provision of the Service and has expressly waived their right of withdrawal, this right may no longer be exercised. The amount due will be calculated on a pro rata basis for the period elapsed.

To exercise this right, the Member sends their request for withdrawal by email or via the contact form on the Platform. The refund is made within fourteen (14) days following receipt of the request, by the same payment method as the one used for the subscription.

Article 5 — Payment of Subscriptions

Payment of Subscriptions is made by credit card via the secure payment service provider Stripe. The debit is made automatically at each billing due date (monthly or annual).

In the event of payment failure, Triptic will inform the Member and may suspend access to paid features after a reasonable period (72 hours) and two unsuccessful debit attempts. The Member retains access to the features of the Basic plan.

Article 6 — Payment of Bookings

6.1 Commission-free model

Triptic charges no commission on Bookings. Triptic's revenue comes exclusively from the Subscriptions taken out by Hosts and Organizations. The only fees applied to Booking transactions are the processing fees of the payment provider Stripe, allocated as set out in article 7.7. Triptic never bears these fees and receives no remuneration for collecting the price of the stay.

6.2 Collection mandate

The price of the stay is owed by the Traveler to the Host, in performance of the rental contract concluded directly between them (Article 4 of the Terms of Use). Triptic is neither the seller nor the reseller of the stay and at no time purchases the accommodation service in order to resell it.

By publishing a Listing open to online Booking, the Host appoints Triptic, which accepts, to collect in the name and on behalf of the Host the price of the stay paid by the Traveler, through the payment provider Stripe (the "Collection mandate"). Under the same conditions, this mandate includes the power to:

• receive payment from the Traveler and issue a receipt for it in the name of the Host;
• hold the sums received on behalf of the Host until they are remitted or refunded, under the conditions of articles 6.3 and 7;
• refund the Traveler, on behalf of the Host, the sums due to the Traveler under the cancellation policy chosen by the Host (article 7);
• deduct from the sums remitted the payment fees borne by the Host under article 7.7.

Payment made by the Traveler to Triptic, as the Host's agent, discharges the Traveler towards the Host up to the amount paid. The sums collected on behalf of the Host never constitute revenue of Triptic, are not commingled with Triptic's operating cash and may not be set off against any receivables Triptic may hold against the Host in respect of Subscriptions.

The Collection mandate is strictly limited to collecting and remitting the price of the stay. It confers no power to negotiate, conclude or amend the rental contract on behalf of the Host, nor any property management assignment. It ends, for each Booking, upon remittance of the price to the Host or its full refund to the Traveler, and, for the future, upon closure of the Host's account, without prejudice to the completion of Bookings in progress.

6.3 Payment flow

A Booking is paid according to the following process:

1. When requesting a Booking, the Traveler grants a bank pre-authorization for the amount of the stay (price of the accommodation) via Stripe. The tourism tax is not included in this amount (see article 6.4).
2. The Host has twenty-four (24) hours to confirm or decline the Booking. If the Host does not answer within this period, or declines, the pre-authorization is released and the Booking is cancelled at no cost to the Traveler.
3. Upon confirmation, the amount is charged to the Traveler's payment method. When the grace period provided for in article 7.2 applies, the charge only takes place at the end of that period, even if the Host confirmed the Booking earlier.
4. If the charge fails, the Booking is cancelled, the dates are released and the Host and the Traveler are informed. No amount is taken.
5. The amounts charged are collected by Triptic in the name and on behalf of the Host, under the Collection mandate (article 6.2), via Stripe. They are held on behalf of the Host on Triptic's Stripe account until they are remitted. This remittance is made via Stripe Connect the day after the Traveler's arrival date, less the payment fees borne by the Host (article 7.7).
6. A payment receipt, issued in the name of the Host and mentioning Triptic as collection agent, is sent to the Traveler when the charge is made. This receipt does not replace the supporting documents (invoice, bill, receipt) that the Host may be required to issue to the Traveler under the regulations applicable to the Host.

6.4 Tourism tax

The tourism tax is not collected by Triptic and does not transit through the Platform.

In accordance with Articles L.2333-26 et seq. of the French General Code of Local Authorities, the tourism tax is owed by the Traveler and must be collected directly by the Host. The Host is solely responsible for:

• calculating the amount of the applicable tourism tax, based on the classification of their property, the rates set by the relevant local authority and the composition of the Traveler group (number of persons subject to the tax, exemptions for minors, etc.);
• collecting this tax directly from the Traveler, by any means of their choice (in cash, by transfer, or by any other means);
• declaring and remitting the tourism tax to the relevant local authority, within the deadlines and in accordance with the procedures provided for by local regulations.

For information purposes, the estimated amount of the tourism tax may be mentioned in the Booking summary presented to the Traveler on the Platform, based on the classification information provided by the Host. This mention is purely indicative and constitutes neither a commitment by Triptic as to its accuracy, nor a responsibility for collection by the Platform.

Triptic disclaims all liability in the event of the Host's failure to comply with their obligations regarding the tourism tax (incorrect calculation, failure to collect or remit).

6.5 Security deposit

The Host may require a security deposit, the amount of which is shown on the Listing and recalled to the Traveler before the Booking. The security deposit takes the form of a card hold (bank pre-authorization) and not of a charge: the amount is reserved on the Traveler's card, without being debited, to protect the Host against damage caused to the accommodation or breaches of the rental agreement.

• By booking accommodation subject to a security deposit, the Traveler agrees that the card used for payment is kept by the payment provider and that a hold for the amount of the security deposit is placed on it the day before their arrival. If their bank requires authentication, the Traveler completes it from their Booking; they may use another card.
• The hold is released automatically forty-eight (48) hours after the departure date, unless the Host declares a retention within that period. A card hold has a limited validity period (generally seven days): it is renewed during the stay; if it is not renewed, the security deposit is no longer guaranteed and the Host is informed.
• In the event of damage or a breach being found, the Host may, within 48 hours following departure, retain all or part of the security deposit, stating the reason. The amount retained is captured on the Traveler's card by Triptic, in the name and on behalf of the Host (article 6.2), and is remitted to the Host less the payment fees retained by Stripe. The Traveler is informed of the amount and the reason for the retention.
• Any dispute relating to a retention is a matter for the direct relationship between the Host and the Traveler (article 11.3); Triptic forwards the information declared by each party but does not rule on the merits of the retention.

No fee is charged to the Traveler for placing or releasing the hold. Payment fees apply only to the amount actually retained.

Article 7 — Cancellation policies

7.1 Host cancellation policy

Each Host chooses, for each Listing, one of the following cancellation policies, the conditions of which are brought to the Traveler's attention prior to any Booking:

a) Flexible policy

The Traveler may cancel free of charge up to twenty-four (24) hours before the arrival date and obtain a full refund of the price of the stay (excluding Stripe fees, where applicable). Any cancellation occurring less than twenty-four (24) hours before arrival shall give rise to full payment of the stay.

b) Moderate policy

The Traveler may cancel free of charge up to five (5) days before the arrival date and obtain a full refund. Any cancellation occurring between five (5) days and twenty-four (24) hours before arrival shall give rise to a refund of fifty percent (50%) of the price of the stay. Any cancellation occurring less than twenty-four (24) hours before arrival shall give rise to full payment.

c) Strict policy

The Traveler may cancel free of charge up to fourteen (14) days before the arrival date and obtain a full refund. Any cancellation occurring between fourteen (14) days and forty-eight (48) hours before arrival shall give rise to a refund of fifty percent (50%) of the price of the stay. Any cancellation occurring less than forty-eight (48) hours before arrival shall give rise to full payment.

d) Non-refundable policy

No refund is granted in the event of cancellation by the Traveler, regardless of the date of the cancellation. This policy must be clearly indicated on the Listing.

7.2 Triptic grace period

Regardless of the cancellation policy chosen by the Host, Triptic grants the Traveler a grace period of twenty-four (24) hours following the Booking request, provided that the arrival date is more than seven (7) days after that request. During this period, the Traveler's payment method is not charged: if the Traveler cancels, the pre-authorization is simply released, at no cost.

7.3 Prohibition of cancellation by the Host

The Host undertakes to honor any Booking that they have confirmed. The cancellation of a confirmed Booking by the Host is prohibited, except in the cases exhaustively listed below (hereinafter "Exceptional Circumstances"):

• force majeure within the meaning of Article 1218 of the French Civil Code (natural disaster, epidemic, administrative requisition, etc.);
• damage rendering the property uninhabitable (fire, major water damage, collapse, etc.);
• death or hospitalization of the Host or a member of their close family;
• administrative or judicial decision prohibiting the rental.

A Host invoking Exceptional Circumstances must inform Triptic without delay via the cancellation form provided for this purpose on the Platform and provide any conclusive supporting documents within forty-eight (48) hours (insurance certificate, medical certificate, prefectural order, etc.). Triptic reserves the right to refuse the cancellation if the supporting documents are insufficient or if the reason given does not fall within Exceptional Circumstances.

In any event, any cancellation by the Host, whether justified or not, shall result in a full refund to the Traveler of the price of the stay collected via the Platform. The tourism tax, not being collected by Triptic, is not concerned by this refund.

7.4 Penalties for unjustified cancellation by the Host

Any cancellation by the Host that does not fall within the Exceptional Circumstances referred to in Article 7.3 constitutes a breach of these Terms of Sale and shall give rise to the application of the following progressive penalties, assessed over a rolling twelve (12) month period:

a) First unjustified cancellation

• formal warning notified to the Host by email;
• display of a temporary alert badge on the Host's profile and Listings, visible to Travelers, for a period of thirty (30) days;
• blocking of the cancelled dates in the calendar of the Listing concerned, preventing any new Booking on those dates.

b) Second unjustified cancellation (within the rolling 12 months)

• suspension of the visibility of all the Host's Listings in search results for a period of fifteen (15) days;
• blocking of the cancelled dates in the calendar;
• notification to Travelers with upcoming Bookings with this Host, informing them of the situation.

c) Third unjustified cancellation (within the rolling 12 months)

• suspension of the Host's account for a period of sixty (60) days;
• permanent loss of eligibility for the Platform's badges and distinctions ("Trusted Host" or any future loyalty program);
• notification to all Travelers with ongoing Bookings.

d) Beyond three unjustified cancellations

Triptic reserves the right to permanently terminate the Host's account, in accordance with the provisions of Article 13 of the Terms of Use, without prejudice to any right to compensation of the Travelers harmed.

7.5 Prohibition of circumvention

The Host shall refrain from inciting, directly or indirectly, a Traveler to cancel their own Booking in order to avoid the penalties provided for in this Article. The following are notably considered as circumvention practices:

• any communication suggesting that the Traveler cancel their Booking;
• the promise of a refund outside the Platform in exchange for cancellation by the Traveler;
• the deliberate degradation of the conditions of welcome or communication in order to discourage the Traveler;
• any unilateral modification of the Listing (price, amenities, house rules) after confirmation aimed at making the stay less attractive.

In the event of proven circumvention, Triptic shall reclassify the cancellation as an unjustified cancellation by the Host, with application of the corresponding penalties. The Host will be informed of this reclassification and may contest it by contacting Triptic support within a period of seven (7) days.

7.6 Refund procedures

Refunds are made by Triptic on behalf of the Host, under the Collection mandate (article 6.2), via Stripe, to the payment method used by the Traveler for the Booking, from the sums held on behalf of the Host. The refund time depends on the payment provider and the Traveler's bank, and is generally between five (5) and ten (10) business days. Refunds only cover the price of the stay collected via the Platform. The tourism tax, collected directly by the Host, is not refunded by Triptic; any refund of the tourism tax is a matter for the direct relationship between the Host and the Traveler.

Once the payout to the Host has been made (the day after the arrival date), the Booking can no longer be cancelled or refunded via the Platform. Any request is then a matter for the direct relationship between the Host and the Traveler (article 11.3).

7.7 Payment fees in the event of cancellation

The payment provider Stripe charges processing fees on each payment charged, which it does not return in the event of a refund. These fees are allocated as follows, Triptic bearing none of them:

• Cancellation before the charge (during the grace period, declined or expired request): the pre-authorization is released; no fee is due by anyone.
• Completed stay: the fees are borne by the Host and deducted from the payout.
• Cancellation by the Traveler after the charge: the fees are split in proportion to the amounts each party keeps. The Traveler's share, equal to the fees multiplied by the proportion of the price of the stay refunded under the cancellation policy, is deducted from the refund. The Host bears the rest, deducted from the payout. A fully refunded Traveler therefore bears all the fees; a Traveler who receives no refund bears none.
• Cancellation by the Host after the charge: the Traveler is fully refunded the price of the stay, without any deduction. The fees are borne by the Host and deducted from subsequent payouts.

The amount of fees withheld is shown to the Traveler and the Host in the cancellation confirmation. When booking, the Traveler expressly agrees that the share of payment fees borne by them in the event of their own cancellation is withheld from the refund due to them, and the Host agrees that the share borne by them is deducted from their payouts.

Article 8 — Termination of Subscriptions

The Member may terminate their Subscription at any time from their account settings. The termination takes effect at the end of the current subscription period. No pro rata refund of the remaining period is granted, except in the case of exercise of the right of withdrawal provided for in Article 4.

After termination, the Member retains access to the features of the Basic plan. Data linked to paid features (synchronizations, inventories, etc.) are retained for a period of six (6) months, allowing the Member to retrieve them or reactivate their Subscription.

Article 9 — Invoicing

An electronic invoice is automatically issued at each payment due date and made available to the Member in their personal area. Invoices are kept in accordance with legal obligations (ten years for accounting documents).

Article 10 — Legal warranties

In accordance with Directive (EU) 2019/770 on contracts for the supply of digital content and services, transposed into French law, the consumer Member benefits from the legal warranty of conformity for the Services provided under the Subscription.

Accordingly, Triptic undertakes to provide Services that conform to the description appearing on the Platform and to keep them updated so as to preserve their conformity throughout the duration of the Subscription.

In the event of a non-conformity being found, the Member may request the Service to be brought into conformity or, if this is impossible or disproportionate, obtain a price reduction or termination of the contract under the conditions provided for by law.

Article 11 — Financial liability

11.1 Booking payment flow

The amounts paid by Travelers for Bookings are collected by Triptic in the name and on behalf of the Host, as collection agent (article 6.2), via the payment provider Stripe. They are held on behalf of the Host on Triptic's Stripe account until they are remitted to the Host, via Stripe Connect, the day after the Traveler's arrival date, or refunded to the Traveler in the event of cancellation, under the conditions of article 7. Triptic is at no time the seller of the stay and provides no guarantee as to the solvency of Hosts or Travelers.

11.2 Cap on Triptic's liability

In accordance with Article 12.4 of the Terms of Use, to the fullest extent permitted by law, Triptic's liability in respect of commercial services (Subscriptions and Services) is capped at the total amount of the Subscriptions actually collected from the Member concerned during the twelve (12) months preceding the triggering event.

This cap expressly excludes the following amounts, which do not constitute Triptic revenue:

• the prices of stays paid by Travelers to Hosts;
• the tourism tax, which is neither collected nor processed by Triptic;
• the transaction fees of the Stripe payment service provider.

This limitation of liability does not apply in the event of willful misconduct or gross negligence on the part of Triptic.

11.3 Disputes between Members

Any dispute relating to the performance of the rental contract (quality of the property, damages, refunds outside the cancellation policy) falls exclusively within the direct relationship between the Host and the Traveler. Triptic may, as a matter of goodwill and without obligation, assist the parties in seeking an amicable solution via its messaging service, without thereby incurring any liability.