NATIVE SPACES GENERAL TERMS AND CONDITIONS

Last update: 24 January 2023

This document includes the terms applicable to your use of www.native-spaces.com as well as all associated sites linked to www.native-spaces.com by NATIVE CONSULTING ("NATIVE SPACES", "we", "us"), with registration number 83459871, headquartered at 15 Avenue George Clemenceau, Nice 06000, France, (collectively, the "Site").

1. Identification of NATIVE SPACES

The company NATIVE CONSULTING (‘NATIVE SPACES’) is a société à responsabilité limitée [limited company] registered at the Trade and Companies register of Nice under n° 834 598 716, whose registered office is located at 15 avenue Georges Clémenceau, 06000 Nice.

NATIVE SPACES may be contacted as follows:

E-mail : [email protected]
Telephone number +33659239143.

2. Networking platform

NATIVE SPACES operates a platform for its users (the ‘Members’) in order to contact other users for the purposes of offering, searching for and booking services when organising events (the Platform). The platform can be found at the following address https://www.native-spaces.com. These networking services available on the Platform are hereinafter referred to as ‘Services’

Members who search for, book or use the services in order to organise an event (the Organisers) may also directly contact Members who list and offer venues for rent via the Platform (hereinafter referred to as the ‘Venues’) (the ‘Venue providers’).

A Member may be both an Organiser and a Venue provider.

Each offer of Venue is listed by a Venue provider in a listing (the Listing).

As part of the Services, Members are informed and expressly accept that:

NATIVE SPACES is not an estate agent,
NATIVE SPACES only acts as a broker between Members and is not a party to the agreements between Members for renting a Venue. As such, NATIVE SPACES accepts no liability for the transactions which take place between Members and may not under any circumstance be party to any dispute whatsoever concerning physical and/or intangible damage caused as part of the relations between Members.

3. Information about the General Terms and Conditions

Purpose of the General Terms and Conditions.

The General Terms and Conditions (the General Terms and Conditions) constitute the sole document governing the contractual relations with Members and sets out the procedures for using its Services and the obligations of the respective parties.

Location of the General Terms and Conditions.

You can view them via a direct link at the bottom of the page of the Platform.

How to accept the General Terms and Conditions

Members accept the General Terms and Conditions by ticking a box in the registration form. Members who do not accept the General Terms and Conditions cannot use the Services. They may be supplemented by specific terms and conditions, which in the event of a contradiction, shall prevail over the General Terms and Conditions.

4. Relationship with the Service Provider’s general terms and conditions

Depending on the amounts concerned, payments made via the Platform are managed by the payment service provider mentioned on the Platform (the Payment service provider).

Members should contact the Payment service provider directly to make these payments, by accepting their general terms and conditions applicable to making such payments, by ticking a box on the Platform.

The General Terms and Conditions of the payment service provider are as follows Stripe Connected Account Agreement, which include Stripe Terms of Service. They can be modified at any time by the Payment service provider.

If the Payment service providers refuse or terminate a Member’s payment, this Member may not/no longer use the Service. Conversely, terminating the contractual relations between a Member and NATIVE SPACES results in terminating the agreement between the Payment services provider and the Member.

In the event of a contradiction between the Payment service provider’s general terms and conditions and these General Terms and Conditions, the latter shall prevail.

Members expressly authorise NATIVE SPACES to send the Payment service provider any payment instructions for the Platform. In this context, Members undertake to supply NATIVE with exact and exhaustive information.

5. Conditions for accessing the Services

(i) Members may be:

Natural persons with full legal capacity, or for Members who do not have full legal capacity, you have obtained the permission of your legal representative, and undertake to send the email address of your representative to NATIVE SPACES so that it can contact you.
Or legal entities acting through the intermediary of a natural person who has the necessary powers or authorisations to enter into an agreement in the name of and on behalf of the Member.

(ii) Members may be:

private individuals, who are considered to be natural persons acting on their own behalf and not in a professional capacity.
professionals, which are considered to be legal entities acting as part of their commercial, artisanal, professional or agricultural business, including when they act in the name of and on behalf of another professional.

6. Procedures for accessing and joining the Platform

You acknowledge that in order to use the Services, you must have internet access and that the quality of these Services depends on this connection, for which NATIVE SPACES is not liable.

Before signing up, you acknowledge that you may learn more about the characteristics of these Services and their constraints, including technical issues, on the Platform. NATIVE SPACES reserves the right to offer any other Service.

To sign up for the Services, Members must:

fill in the form provided for this purpose on the Platform, or
be a member of one of the third-party sites mentioned on the Platform and use your login details of the third-party site selected. you expressly authorise NATIVE SPACES to access your account data on the third-party site in question.

You must provide NATIVE SPACES with all the information marked as mandatory.

An account is automatically created in your name when you sign up, (the ‘Account’) which allows you to use the Services using your login and password.

7. Creating user access

When this feature is available, Members will be free to create access for users (the ‘Users’) once an Account has been created.

Members accept sole liability for creating User access, if necessary for configuring their access rights and their personal use of the Platform.

8. Services available to the Organiser

NATIVE SPACES’ Services detailed in Article 8.1. are offered to the Organiser without charge.

8.1. Searching for, booking and paying for a Venue rental

8.1.1. Searching for Venues

Organisers can search for Venues using filters such as type of Venue, facilities available, geographical location, type of events they wish to organise, price and the number of people they wish to bring into the Venue (‘Guests’).

The categorisation criteria for Listings on the Platform are detailed here.

Each Listing details the conditions for booking the Venue, including a detailed description of the Venue.

8.1.2. Booking Venues

If the Organiser wishes to book the Venue, they should contact the Venue provider for a quotation.

The Quotation provided shall in particular include the booking period, the total price and the amount of the deposit to be paid by the Organiser, the nature of the event to be held in the Venue, the maximum number of Guests permitted, details of the Venue Provider's cancellation policy and any specific features of the Venue (the ‘Quotation’).

Once the Quotation has been received, the Organiser must:

click on ‘accept the Quotation’
pay the deposit, which may not be less than 30% of the total booking amount, under the conditions specified in the article ‘Financial terms.’

The booking will be considered validated once the deposit has been paid into the Venue provider’s e-wallet.

The Organiser then receives a confirmation email, a receipt for the deposit duly paid, a Quotation summary, a short description of the booked Venue and a link to the Venue’s booking page, so that the Organiser can view the Quotation at any time.

If the Organiser does not receive anything, they must contact NATIVE SPACES at the address mentioned in the article identification of NATIVE SPACES. Receiving this email corresponds to constituting an agreement between the Organiser and the Venue provider(s) concerned, including all the terms set out in the Quotation and the confirmation email.

8.1.3. Paying for a booked Venue

Unless otherwise agreed, the Organiser must make the payment directly on the Platform. The price excluding VAT for the booking is stated in the Quotation (the ‘Price’).

The Organiser acknowledges and accepts that they may be invoiced for other expenses not included in the Price (including being asked to pay any deposit). These expenses must be discussed in advance and listed in the quotation.

If an exchange rate is applied, the applicable exchange rate fees on the date the Price is paid, shall be borne by the Organiser. If applicable, they are solely liable for paying all the bank charges associated with the payment, except for the Venue provider’s bank charges.

Payment should be made by wire transfer through the secure online payment service mentioned on the NATIVE SPACES Platform.

The Organiser guarantees NATIVE SPACES that they have the necessary authorisations to use the above-mentioned payment methods.

8.2. NATIVE SPACES provides search services on behalf of the Organiser.

At the request of the Organiser and under the terms negotiated between the parties, NATIVE SPACES may also contact the Venue providers (and any other service provider) to obtain information about their services, including the type of services, the terms of provision and the applicable prices.

NATIVE SPACES may invoice these services. If applicable, NATIVE SPACES shall invoice the corresponding invoices and payment must be made via wire transfer within 30 calendar days of the invoice being raised (unless otherwise agreed between the parties).

On the day after the due date stated on the invoice in the event of no or late payment for the above-mentioned amount, NATIVE SPACES reserves the right to:

invoice interest on arrears: equal to 3 times the statutory interest rate, based on the unpaid amount and a fixed late payment penalty of 40 euros for collection costs, without affecting any additional compensation if the collection costs prove to be higher than this amount.
If applicable, it will declare that all sums which the Organiser owes to it are due and immediately payable,
immediately suspend the ongoing Services until full payment of all the amounts due.

9. Services and financial conditions applicable to the Venue provider

9.1. Creating, publishing and managing Listings

The Venue provider is free to create, configure and manage their Listing(s) on the Platform. They are solely responsible for the content of each Listing (and in particular the rules concerning welcoming Members, the booking amount, the availability dates or the specific rules to be respected in the Venue), provided that (i) the Listing contains all the information required by the Platform in order to be published and (ii) the Venue Provider does not include their contact details in the Listing.

The categorisation criteria for the Listings on the Platform are detailed here.

The Venue Provider may ask NATIVE SPACES to (i) create and manage the Listing on their behalf and (ii) directly interact with Organisers wishing to book a Venue based on their instructions. To this end, the Venue Provider must provide NATIVE SPACES with all the information and the answers they wish to provide to Organisers NATIVE SPACES provides this service without charge.

9.2. Procedures for confirming a Venue booking

Within 48 hours of receiving the Quotation request from the Organiser, the Venue Provider undertakes to send a Quotation, refuse the request or offer alternatives. The Quotation must include the booking period, the total price and the amount of the deposit which the Organiser must pay, the type of event which will be held in the Venue, the maximum number of guests permitted, the Venue Provider's cancellation policy and any specific details about the Venue.

The Quotation must include the rental price and any associated costs which the Organiser must pay the Venue provider, the rental period, the agreed number of guests, payment terms, rules for using the Venue as well as booking cancellation rules (in accordance with the options given in the article ‘Policy for cancelling a booking’).

The Venue provider may also invoice other costs not included in the Quotation (such as any security deposit they require). If applicable, the Venue provider undertakes to send any additional invoice raised within 48 hours of the end of a booking.

Until the date the validity of the Quotation expires (but not less than 48 hours from issuing the Quotation), the Venue provider undertakes not to offer the Venue to a third party on one of the dates mentioned in the Quotation.

Once the Quotation has been accepted by the Organiser and the corresponding deposit received, the booking is confirmed: an agreement is therefore directly concluded between the Organiser and the Venue provider under the conditions specified in the Quotation.

9.3. Payment terms of the Price by the Organiser

Unless otherwise agreed, the Organiser pays the Price directly on the Platform based on the instalment plan specified in the Quotation and is implemented, where applicable by the Payment services provider.

If an exchange rate is applied, the applicable exchange rate fees on the date the Price is paid, shall be borne by the Organiser. If applicable, the Organiser is solely liable for paying all the bank charges associated with the payment, except for the Venue provider’s bank charges.

9.4. Invoicing service for Venue providers

The Venue Provider may ask NATIVE SPACES to raise and send their invoices to Organisers, in accordance with the applicable economic and tax regulations. NATIVE SPACES offers this invoicing service on behalf of the Venue provider without charge.

In this respect, the Venue provider expressly authorises NATIVE SPACES to prepare the original invoices for the Venue bookings on their behalf in accordance with the tax and economic regulations in force and in particular the provisions of Articles 289, 1-2 and 242nonies, I (Appendix 2) of the French General Tax Code. The Venue provider is required to inform NATIVE SPACES whether they are subject to VAT, if applicable the relevant percentage, and all the information required to raise their invoices.

9.5. Venue provider’s commission payments to NATIVE SPACES

9.5.1. Commission

In return for providing the Services, NATIVE SPACES charges a commission to the Venue provider, amounting to 15% of the total price excluding VAT invoiced by the Venue provider to an Organiser for a booking unless otherwise agreed in writing with the Venue provider (the ‘Commission’).

Exceptions are made in the article ‘Booking cancellation policy’ in the event that the Organiser or Venue provider cancels a booking.

The Commission may be revised at any time under the conditions of the article ‘Amending the General Terms and Conditions’.

9.5.2. Procedures for paying the commission

The Commission is paid each time the Venue provider collects payment from the Organiser and until the full commission due to NATIVE SPACES has been paid.

By way of an example, if the Organiser owes 1,000 euros excluding VAT (the Commission is 15% excluding VAT, i.e., 150 euros excluding VAT), and the Venue Provider has set up 2 payment instalments with the Organiser (500 euros excluding VAT each time). Consequently, NATIVE SPACES will deduct the 150 euros (excluding VAT) directly from the first payment made by the Organiser, and the Venue provider will receive 350 euros (excl. VAT).

9.5.3. Consequences of late or non-payment

On the day after the due date indicated on the invoice, if the Commission payment has not been made or is late, NATIVE SPACES reserves the right to:

Invoice interest on arrears: equal to 3 times the statutory interest rate, based on the unpaid amount and a fixed late payment penalty of 40 euros to cover collection costs, without affecting any additional compensation if the collection costs prove to be higher than this amount.
If applicable, declare that all sums which the Venue provider owes are due and immediately payable.
immediately suspend the ongoing Services until full payment has been made of the amounts due.

10. Changing a Venue booking

Members may freely agree between them to change a booking, based on the terms and conditions accepted between the parties. If applicable, the Organisers concerned agree to pay any additional price applicable and the Venue provider acknowledges and accepts that the Commission provided for in the article ‘Venue provider's commission payment to NATIVE SPACES’ shall be affected if the total Price has been modified.

11. Booking cancellation policy

11.1. Cancellation by the Organiser

If an Organiser wishes to cancel a booking, they must send a request to NATIVE SPACES (at [email protected]) and the Venue Provider concerned (via a message on the Platform).

The cancellation will only take effect when the Organiser has received a cancellation confirmation email from NATIVE SPACES.

Except for cancellations under the conditions specified in the article ‘specific types of cancellation: force majeure and/or valid reason,’ in the event that the Organiser cancels, regardless of the cancellation date, the Venue provider acknowledges and accepts that part of the Commission will remain due to NATIVE SPACES, i.e. 10% of the total Price invoiced by the Venue provider to the Organiser.

Nevertheless, since the Organiser was responsible for the cancellation:

They shall be subject to the Venue provider’s cancellation policy (described below) and
in any event, regardless of the cancellation date, the Organiser accepts that 10% of the total booking Price shall remain due to the Venue provider, such that any cancellation by the Organiser does not place a financial burden on the Venue provider.

In the event of cancellation, each Venue provider can choose their own cancellation policy, which must be specified in the Listing and the Quotation (in the event of contradiction, the provisions of the Quotation shall prevail). 3 types are possible:

- Flexible cancellation policy:

If the Organiser cancels more than 14 days before renting the Venue, they will be reimbursed 90% of the Price (taking into account the 10% mentioned above),
If the Organiser cancels more than 7 days but less than 14 days before renting the venue, the Organiser will be refunded 50% of the Price (including the above mentioned 10%),
If the Organiser cancels less than 7 days before renting the Venue, the Price shall remain due.

- Moderate cancellation policy:

If the Organiser cancels more than 30 days before renting the Venue, they will receive a 90% refund of the Price (taking into account the 10% mentioned above),
If the Organiser cancels more than 14 days but less than 30 days before renting the venue, the Organiser will be refunded 50% of the Price (including the above mentioned 10%),
If the Organiser cancels less than 14 days before renting the Venue, the Price shall remain due.

- Strict cancellation policy:

If the Organiser cancels more than 30 days before renting the Venue, they will be reimbursed 50% of the Price (including the 10% mentioned above),
If the Organiser cancels less than 30 days before renting the Venue, the Price shall remain due.

The Organiser will be refunded no later than 30 calendar days after the cancellation has been confirmed using the same method as that which they used to pay for their booking.

These cancellation policies are justified by the fact that if an Organiser cancels late, it makes it more difficult for the Venue provider to find a new Organiser at short notice.

11.2. Cancellation by the Venue provider

If a Venue provider wishes to cancel a booking, they must send a request to NATIVE SPACES (at [email protected]) and the Organiser concerned (via a message on the Platform).

Cancellation takes effect when the Venue Provider has received an email confirming the cancellation from NATIVE SPACES.

Except for cancellations under the conditions specified in the article ‘specific types of cancellation: force majeure and/or valid reason,’ the Venue provider acknowledges and accepts that: (i) in any event, regardless of the cancellation date, a part of the Commission will remain due to NATIVE SPACES, i.e. 10% of the total Price invoiced by the Venue provider to the Organiser, for the cancelled reservation, (ii) If the booking is cancelled less than 30 days before the rental period commences, NATIVE SPACES will invoice a penalty of 40% of the total Price due by the Organiser concerned by the cancellation.
In concrete terms, if the booking is cancelled less than 30 days before the rental period commences, the Venue provider shall owe NATIVE SPACES a penalty of 50% of the total Price (the 10% due for (i) and the 40% due for (ii))

However, the Organiser will be reimbursed in full in the event of cancellation by the Venue Provider. Consequently, any amount of the Price (and specifically the deposit) already paid by the Organiser to the Venue provider must be returned to them no later than 30 calendar days following the cancellation confirmation.

These cancellation costs are justified by the fact that a cancellation can disrupt the Organisers’ plans and may cause them to lose confidence in the NATIVE SPACES community.

11.3. Special types of cancellation: force majeure and/or valid reason

If the Venue provider or the Organiser cancels a booking for a venue due to a force majeure event as defined in the article on ‘Force majeure’ or another valid reason, the injured party must be able to choose another date for holding the event, or any alternative which is acceptable to the parties without having to pay any additional costs. If the Organiser and the Venue provider are not able to agree on another date, the Venue provider undertakes to refund the Organiser the amount of the Price already paid by the Organiser within 30 days as from the cancellation being confirmed.

If it concerns a cancellation for a valid reason: the Venue provider which is forced to cancel a booking for a valid reason must send a request to NATIVE SPACES (at [email protected]) asking that the cancellation be qualified as cancellation for a valid reason, and the Organiser concerned (via a message on the Platform).

NATIVE SPACES may then request the Member to provide a document substantiating the reasons for the cancellation.

In the event of cancellation due to force majeure or another valid reason, if the valid reason is proven and accepted by NATIVE SPACES, the Venue provider acknowledges and accepts that part of the Commission shall remain due to NATIVE SPACES, i.e., 3% of the Total price invoiced by the Venue provider to the Organiser. Nevertheless, if the cancellation is due to the Organiser, the Organiser accepts that 3% of the total booking price will remain due to the Venue provider, such that the Venue provider is not burdened financially by the Organiser’s cancellation. Otherwise, the provisions in the articles ‘Cancellation by the Organiser’ and ‘Cancellation by the Venue provider’ shall apply.

The following circumstances may be considered as valid reasons and/or force majeure events (if they fulfil the conditions mentioned in the article ‘Force majeure’), although this list is not exhaustive:

The unexpected death or serious illness of the Venue provider, Organiser or a close family member of either,
A serious injury which directly restricts an Organiser's ability to travel or the ability of the Venue provider to provide the booked Venue.
a state of emergency declared by an applicable government agency which has a direct impact on the use of a Venue or the Organiser’s ability to travel to the Venue.
urgent travel restrictions or severe security recommendations issued after the time of booking, by an appropriate government agency or office,
serious material damage or unforeseen maintenance problems that directly impact the safe use of the Venue,
an injunction or order from a court, a town council or a public service which directly restricts the use or access to a Venue,
the outbreak of war or other government action

12. Maintenance and hosting on the Platform

12.1. Maintenance

For the duration of the Services, Members will benefit from both corrective and scalable maintenance of the Platform. In this context, access to the Platform may be limited or suspended.

NATIVE SPACES makes every effort to provide Members with corrective maintenance in order to correct any malfunctions or bugs found on the Platform.

NATIVE SPACES may perform scalable maintenance automatically and without giving Members’ prior notice; this includes improvements to the Platform’s functionality and/or technical hardware used for the Platform (in order to add minor or major extensions).

Moreover, access to the Platform may be restricted or suspended for planned maintenance, which may include the above-mentioned corrective and scalable maintenance tasks.

12.2. Web hosting:

Under the terms of an obligation of means, NATIVE SPACES hosts the Platform as well as the data produced and/or entered by/on the Platform, on its servers or via a professional hosting provider, and on servers located within the European Union.

13. Technical support

In the event of any problem encountered when using the Services, Members may contact NATIVE SPACES via the contact details provided in the article ‘Identification of NATIVE SPACES.’

14. Membership period for the Services

Membership is for an indefinite period.

15. Cooling off period for Members

These provisions are only applicable to Members who are private individuals. Members who use the Services in a professional capacity are not entitled to a cooling off period.

This cooling off period only concerns Members who sign up and use the Platform.

This cooling off period is 14 calendar days as from accepting the General Terms and Conditions. You may exercise this right without charge by sending notice to NATIVE SPACES as from the Services before the end of the deadline to the contact details mentioned in the article ‘Identification of NATIVE SPACES’ under the conditions specified in the article ‘Cancelling membership.’

This cooling off period is 14 calendar days as from accepting the General Terms and Conditions. You may exercise this right without charge before the end of the deadline by sending NATIVE SPACES via the contact details mentioned in the article ‘Identification of NATIVE SPACES’ the following information:

the filled-in cancellation form available in Appendix 1,
or any other unambiguous statement expressing your desire to cancel.

If you request that the Services begin before the end of the cooling off period, by ticking the box to this effect in the registration form, all the Commissions and other charges already debited by NATIVE SPACES shall remain due to NATIVE SPACES.

Organisers may not benefit from a cooling off period when booking Venues. Indeed, the cooling off period does not apply to accommodation services, other than residential accommodation, transporting goods, hiring cars, meals or leisure activities which are to be provided for a specific date or period.

16. Legal guarantee of Conformity

This legal guarantee is applicable to any Member who uses the Platform in their capacity as a private individual.

You are entitled to invoke the legal guarantee of conformity in the event that a compliance fault appears when using the Services. During this period, you are only required to establish the existence of the compliance fault and not the date on which this appeared.
The legal guarantee of conformity entails the obligation to provide any necessary updates to maintain compliance of the digital content or the digital service during the period of the Services. The legal guarantee of conformity gives private individuals the right to have the digital content or service brought into compliance without undue delay at their request, at no cost and without major inconvenience to them. You may obtain a reduction in price by continuing to access the digital content or service, or you may terminate the agreement by receiving a full refund in exchange for waiving the digital content or service, if:

The service provider refuses to bring the digital service or content into compliance,
Compliance of the digital content or service is delayed,
The digital content or service cannot be brought into compliance without a charge to you;
Bringing the digital content or services into compliance causes you a major inconvenience.
The non-compliance of the digital content or service persists despite the service provider's unsuccessful attempt to bring it into compliance.

You are also entitled to obtain a reduction in price or to terminate the agreement when non-compliance is serious enough to justify immediately reducing the price or terminating the agreement. You are therefore not required to ask that the digital content or service be brought into compliance beforehand.
In cases where the lack of compliance is minor, you are only entitled to cancel the agreement if the agreement does not provide for any payment. Any unavailability of the digital content or service in order to bring it into compliance will suspend the remaining terms of guarantee until the digital content or service has been restored. These entitlements are derived from Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. Professionals who obstruct the implementation of the legal guarantee of conformity in bad faith are liable to pay a civil fine of up to EUR 300,000, which may be increased to 10% of their average annual turnover (Article L. 242-18-1 of the French Consumer Code). As a private individual, you also benefit from the statutory hidden defect guarantee pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you (as a private individual) to a price reduction if you wish to continue to access the digital content or service, or to a full refund if you wish to cancel the digital content or service.

17. Intellectual property rights

17.1. Intellectual property rights on the Platform

NATIVE SPACES owns the Platform, along with the software, infrastructure, databases and contents of any kind (texts, images, visuals, music, logos, brands, etc.) that it uses. They are protected by all intellectual property rights or rights of database producers in effect. The license that NATIVE SPACES grants to Members and Users does not entail any transfer of ownership.

Members and Users are granted a licence in SaaS mode for the non-exclusive and non-transferable use of the Platform for the term of the article ‘Service membership term.’

17.2. Intellectual property rights on the Content and testimonials

By signing up for the Services, Members acknowledge that any content that they publish on the Platform, including Listings (the ‘Content’) are disseminated in a community spirit of exchange.

Members may also post testimonials on using the Services.

Therefore, Members agree that NATIVE SPACES may:

disseminate the Content and testimonials without charge and by any means (including on the Platform and on any other French or foreign website, managed by any company with which NATIVE SPACES has agreements), in order to promote the Platform and the Services.
translate the Content and testimonials into any language,
Modify (including the framing, format and colours) and/or adapt the Content and the testimonials (including the Platform’s technical constraints (alterations or deterioration in quality).

Members guarantee NATIVE SPACES full and peaceful enjoyment of the rights granted against any disturbance, legal proceedings or evictions. Members also guarantee NATIVE SPACES that they have all the necessary rights and authorisations to grant this license and that the Content does not contain anything which may fall under the laws and regulations on infringement, unfair competition, privacy and image copyrights, individual rights or more generally infringes third-party rights. Members also guarantee that you have not granted any third party any assignment or user license on the Content likely to obstruct or hinder the full enjoyment of the rights which NATIVE SPACES holds over them.

Members hold NATIVE SPACES harmless against any complaints, third-party claims and/or demands which NATIVE SPACES may suffer due to them being in breach of the above guaranties. Members undertake to indemnify NATIVE SPACES for any loss that they may suffer and pay all the costs, compensation, charges and/or court orders that they might have to bear as a result.

18. NATIVE SPACES’ use of individual rights (image, name and voice)

If the Member is a natural person:

You authorise NATIVE SPACES to use the image associated with your account as well as your name in order to promote the Services without charge, by any means and on any medium, throughout the world, for the term of your membership to the Services,
If applicable, you authorise NATIVE SPACES to use the image associated with your Account as well as your name and voice recorded in the video testimonies that NATIVE SPACES may produce in order to promote its Services, by any means and on any medium, throughout the world and for the term of membership to the Services.

If the Member is a legal entity, they undertake to obtain the authorisation to use the image (and if applicable the name and/or the voice) of their employees and/or any other natural person whose individual attributes may be recorded as part of the Services and/or to promote the business of NATIVE SPACES.

19. Marketing references

The parties may use their respective names, trademarks and logos and refer to their respective platforms as marketing references for the duration of their contractual relationship and 3 years thereafter.

20. Member obligations and liability

Members undertake to comply with the regulations in force, in particular those relating to the provision or use of Venues.

20.1. Provision of information

Members undertake to provide NATIVE SPACES with any information required to sign up to and use the Services.

20.2. Account

Members:

guarantee that the information provided in the form are exact and undertake to update it.
acknowledge that this information is a proof of identity and is binding as soon as it is validated,
are responsible for keeping their user name and password safe and confidential. Any access to the Platform using these logins, is deemed to have been made by them.

Members must immediately contact NATIVE SPACES at the contact details mentioned in the article ‘Identification of NATIVE SPACES’ if they observe that their Account has been used without their consent. They acknowledge that NATIVE SPACES shall have the right to take any appropriate measures in such cases.

Members are solely liable for setting up User access rights and if applicable configuring their access rights.

20.3. Using the Services

Members are liable for their use of the Services and any information they share in this context. They are also liable for Users use of the Services and any information shared by them. Members undertake to ensure that the Services are exclusively used by them and/or the Users, who are subject to the same obligations as them when using the Services.

Members will refrain from any practice that uses the Services for purposes other than those for which they have been designed, and in particular:

engaging in an illegal or fraudulent activity,
infringing public order and morality,
undermining third parties or their rights, in any way,
violating a contractual, legislative or regulatory provision,
engaging in any activity that interferes with a third-party computer system, including violating its integrity or security,
promoting their services and/or sites or those of a third party,
helping or encouraging a third party to commit one or more of the offences or activities listed above,

Members will also refrain from:

copying, modifying or misappropriating any element belonging to NATIVE SPACES or any concept which it exploits as part of its Services,
behaving in any way that interferes with or undermines NATIVE SPACES' computer systems or undermines its computer security measures,
infringing NATIVE SPACES financial, commercial or moral interests and rights,
commercialising, transferring or giving access in any way whatsoever to the Services, the information hosted on the Platform or any element belonging to NATIVE SPACES.

Members accept liability for the Content they disseminate as part of the Services.

Members accept that the Content diffused on the Platform is by default published and is likely to be seen by other users of the Platform.

Members will refrain from disseminating any Content which (this list is not exhaustive):

is contrary to public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist),
infringes third-party rights (infringing content, infringing individual rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
harms third parties in any way whatsoever,
contains lies, misleading information or offers to promote illegal, fraudulent or deceptive activities.
is harmful to third-party information systems.

Members accept liability for the relations that they may establish with other Members. They undertake to act with discernment and to respect the usual rules of politeness and courtesy in their discussions with other Members. Members undertake not to lie, misrepresent anything or anyone or pretend to be someone else.

Members will refrain from contacting other Members on the Platform for any reason whatsoever in order to circumvent the Services including booking or offering to make a booking outside of the Platform. If applicable, NATIVE SPACES may take any measures it deems necessary with regard to Members who do not comply with this provision, and notably those specified in the article ‘Specific obligations and liability of the Venue Provider’

Members hold NATIVE SPACES harmless against any claim and/or legal proceedings which may be brought against them subsequent to a violation of one of their obligations. Members will indemnify NATIVE SPACES from the harm suffered and refund all the sums which they may have to bear as a result.

20.4. Taking out an insurance policy

Members are solely responsible for taking out and maintaining up to date an insurance policy which covers using and/or making the Venue available. They undertake to immediately send a valid insurance certificate to NATIVE SPACES if it so requests.

Members also benefit from an insurance policy taken out by NATIVE SPACES for its Members, without disbursing any further sums, under the conditions detailed here.

21. Specific obligations and liability of the Organiser

The Organiser is solely liable for reading the specific venue booking terms and conditions specified in the Quotation before confirming any booking.

The Organiser acknowledges and agrees that if they book a Venue, they undertake to comply with the terms of use specified in the Quotation, and notably to only occupy the Venue for the duration and only admit the maximum authorised number of guests agreed with the Venue provider in the Quotation.

The Organiser is solely liable for their use of the Venue, and notably undertakes to leave a Venue (and the associated personal effects) in the state in which they found it on arrival. They undertake to ensure that this Venue is exclusively used by them and/or the guests in the context of the booking, and this in accordance with the provisions of the Quotation, the Guests are also subject to the same obligations as them when using the Venue. The Organiser accepts liability for their Guests when booking a Venue. More particularly, the Organiser undertakes not to organise an event which does not comply with the details in the Quotation.

22. Specific obligations and liability of the Venue provider

The Venue provider guarantees that the information given in each Listing is exact and undertakes to keep it up-to-date.

If the Venue provider is an estate agent representing the interests of the Venue provider, they guarantee to NATIVE SPACES that they are duly authorised by the owner to act in their name and on their behalf in the context of this document.

The Venue provider is solely liable for the regulations applicable to their Venue and to the Venue’s rental terms. They must therefore, check the regulations applicable to them, since NATIVE SPACES cannot be held liable. For example, some owners or the regulations of jointly-owned properties restrict or prohibit subletting or short-term rentals; some municipalities restrict short-term rentals for residential properties.

The Venue provider undertakes to (i) only offer a Venue for periods when it may actually be available for rent and (ii) provide a venue that matches the Listing and the Quotation.

The Venue provider is solely liable for the offers to their Venue and to the Venue’s rental terms. They undertake to only offer Venues for rental which they own and which they are authorised to offer for rental, and guarantees that this does not constitute a violation of an agreement entered into with third parties.

The Venue provider states that they have a legal status which enables them to issue invoices and collect payment of the rental fee for the Venues.

The Venue provider is solely liable for knowing and complying with the laws and regulations applicable to them in connection with renting out their Venues.

In this respect, in the case of the renting out a Venue that meets the legal definition of ‘furnished tourist accommodation’ within the meaning of Article D. 324-1 of the French Tourism Code (‘ furnished villas, flats or studios, for the exclusive use of the tenant, offered for rent to visiting customers who stay there for a day, a week or a month, and who does not permanently reside there’), the Venue provider, when publishing the Listing expressly acknowledges that they are aware of the obligations incumbent upon them and states on their honour that as an owner or person authorised to offer a furnished tourist accommodation for rent, which are reproduced in Appendix 2 that they will comply with them.

In the context of connecting Members through the Platform, the Venue Provider is subject to tax and social obligations . NATIVE SPACES recommends that they review these.

NATIVE SPACES is required to collect and declare tax information about the Venue provider. In this context, the Venue provider undertakes to immediately send any information requested by NATIVE SPACES so that it can fulfil its obligations.

The Venue provider is liable for completing all the formalities and all the payments incumbent upon them in connection with using the Services.

Where applicable, if a Venue provider is not a professional, they instruct and authorise NATIVE SPACES to collect tourist taxes in their name and on their behalf and/or to pay such taxes to the competent authority.

The Venue provider undertakes not to contact and/or enter into an agreement with another Member outside of the Platform. If this clause is violated, NATIVE SPACES will, without giving any formal notice, invoice the Commission which they would have collected if the Members had used the Platform to process the transaction, without affecting the provisions of the article ‘Sanctions for breach’ or any damages which it may claim.

23. Obligations and liability of NATIVE SPACES

NATIVE SPACES undertakes to provide the Services with diligence, it being specified that it is bound by an obligation of means, and to comply with the regulations in force.

23.1. Service quality

NATIVE SPACES makes every effort to provide quality Services for Members. As such, it regularly checks to ensure that its Services are accessible and may therefore perform maintenance under the conditions specified in the article on ‘Maintenance.’

NATIVE SPACES cannot be held liable for it being temporarily difficult or impossible to access its Services which are due to:

circumstances external to its network (and in particular the partial or total failure of the Member’s Servers),
the failure of a piece of hardware, wiring, services or networks not included in its Services or not under its liability,
telecom operators or internet service providers interrupting the Services,
the actions of a Member especially via a poor configuration apply to the Services,
a force majeure event.

NATIVE SPACES accepts liability for the operating its servers, whose external limits are formed by the connection points.

In addition, it does not guarantee that the Services:

which are subject to a constant search for improvement, including with regards to performance and progress, will be total free from errors, vices or faults,
since they are standard and not offered based on the personal constraints of Members, that the Services will specifically meet their requirements or expectations.

23.2. Service level guarantees for the Platform

NATIVE SPACES does not offer any guarantee for the Platform’s level of service.

However, NATIVE SPACES makes every effort to maintain 24/7 access to the Platform, except in the event of scheduled maintenance under the conditions defined in the article on ‘Maintenance’ or in the event of force majeure.

23.3. Backing up data on the Platform

NATIVE SPACES will make every effort to back up all the data generated and/or entered on/by the Platform.

Other than for faults proven to have been caused by NATIVE SPACES, it nevertheless does not accept liability for any loss of data during maintenance work.

23.4. Data storage and security

NATIVE SPACES provides sufficient storage capacities to operate the Services.

NATIVE SPACES makes every effort to ensure data security by implementing measures to protect the infrastructure and the Platform, detect and prevent malicious acts and recover data.

23.5. Publishing Content

NATIVE SPACES acts as a web host for the Content published by its Members. Consequently, it accepts no liability for Content.

If NATIVE SPACES is notified about illegal Content or an illegal Listing, it will act promptly to remove it or make it impossible to access, and it may take the measures described in the article ‘Sanctions in case of breach.’

23.6. Networking between Members

NATIVE SPACES acts as a broker with respect to Member relationships.

NATIVE SPACES cannot therefore be held liable in the context of these relationships between Members, nor be a party to any dispute whatsoever, particularly concerning the behaviour of the Organiser or the Guests, or the payment of the Venue.

NATIVE SPACES does not guarantee any business volume that Venue providers may achieve in using its Services.

23.7. Subcontracting and assigning

NATIVE SPACES may use subcontractors when performing its Services, which are subject to the same obligations as NATIVE SPACES may use subcontractors when performing their services. However, it is solely liable for the proper execution of the Services with respect to Members.

NATIVE SPACES may substitute any entity/person who will be subrogated in all its rights and obligations with respect to its contractual relationships with Members. If applicable, it shall inform Members of this substitution by any written means.

24. NATIVE SPACES’ limitation of liability

The liability of NATIVE SPACES is solely limited to direct foreseeable and proven damage suffered by a Member as a result of using the Services.

25. Admissible forms of proof

Proof may be established by any means.

Members are informed that messages sent via the Platform as well as data collected on the Platform and NATIVE SPACES’ computer equipment constitute the main admissible method of proof, including to demonstrate the reality of the Services provided and if applicable, to calculate the price.

26. Processing personal data

NATIVE SPACES has a personal data protection policy which can be accessed here. It recommends that Members read it.

27. Non-disclosure

Unless otherwise agreed in writing by the other party, the parties respectively undertake not to disclose any data concerning or held by the other party, which they may have become aware of when concluding and performing their contractual relationship, for the duration of their contractual relationship and 3 years thereafter.

This non-disclosure obligation does not apply to information which:

the receiving party was already aware of,
was already in the public domain when they received it or which was made public without violating this clause,
was received legally from a third party,
may be required to be disclosed by the judicial authorities, pursuant to the laws and regulations or in order to establish the rights of a party in the context of contractual relationships between the parties.

Confidential information may be passed on to the parties’ respective employees, contractors, interns, agents and co-contractors, provided that they are subject to the same non-disclosure obligation.

28. Non-compete

Throughout the term of the Services, the Organiser shall refrain from:

enquiring about a Venue on the Platform, then contacting the Venue provider outside of the Platform,
sharing their contact details with NATIVE SPACES in order to ask for information from the Venue providers before contacting them outside of the Platform,
contacting a Venue provider which has been recommended to them by NATIVE SPACES outside of the Platform.

If an agreement is entered into between a Venue provider and an Organiser following one of the above-mentioned events, Commission will also be due to NATIVE SPACES.

29. Force majeure

The Parties may not be held liable for any failure or delay in the performance of their contractual obligations due to a force majeure event during the duration of their relationship. Force majeure covers:

Any event which meets the conditions set out in Article 1218 of the French Civil Code and recognised by case law,
strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or failure of a third-party telecommunications provider.

If one of the parties is prevented from performing their obligations by a force majeure event, they must inform the other party of this by registered post with acknowledgement of receipt. Obligations are suspended as soon as this letter is received and must be resumed within a reasonable period of time after the force majeure event stops.

The impeded party nevertheless remains bound by the performance of the obligations which are not affected by the force majeure event and any payment obligation.

If the force majeure event lasts for more than 30 working days, NATIVE SPACES may immediately terminate its contractual relationship with the Member by any written means.

30. Cancelling membership

Members may cancel their membership for the Services by sending NATIVE SPACES a request to the contact details mentioned in the article ‘Identification of NATIVE SPACES.’

The cancellation comes into effect within 7 days of NATIVE SPACES receiving the request.

After the Services have ended, Members will then no longer be able to access their Account.

If a Member cancels their membership, all the bookings for which the Venue provider has issued a Quotation until the effective date of cancellation and which has been accepted by the Organiser must be honoured. As such, the Organiser must honour the payment of all the sums due to Venue providers.

NATIVE SPACES may delete any Account if it remains inactive for a continuous period of more than 12 months.

31. Sanctions following a breach

The following constitute key obligations for Members (Key Obligations):

paying the Commission,
not providing incorrect or incomplete information to NATIVE SPACES and in the Listings,
complying with the usual rules of politeness and courtesy in discussions with NATIVE SPACES and Members,
for Venue Providers, no later than 48 hours as from receiving a request from an Organiser, sending a quotation, refusing the request or offering alternatives to the Organiser,
not providing incorrect information as part of a booking (and notably asking to book a Venue for a private event although it is in fact a public event.
not using the Services on behalf of a third party,
not engaging in illegal, fraudulent activities or infringing the rights or safety of third parties, breaching public order or violating the laws and regulations in force.

In the event of a breach of one of these key Obligations, NATIVE SPACES may:

suspend the remove the Member’s access to the Services,
remove any Content or Listing related to this breach,
cancel any booking for which the Organiser has provided incorrect information,
publish any information message on the Platform that NATIVE SPACES considers useful,
inform any competent authority and provide it with any useful information to search for and prosecute illegal and unlawful activities,
initiate any legal proceedings,

These sanctions do not affect any damages that NATIVE SPACES may claim from the Member.

In the event of a breach of any obligation other than a Key Obligation, NATIVE SPACES will request the Member to remedy the breach within a maximum period of 15 calendar days by any useful written means. The Services will be terminated at the end of this period if the breach has not been remedied.

The end of the Services will result in deleting the Account.

32. Amendments to the General Terms and Conditions

NATIVE SPACES may modify its General Terms and Conditions at any time and will inform the Member of this by any written means (and in particular by email) at least 5 calendar days before they come into effect.

The amended General Terms and Conditions apply as soon as they come into effect.

If the Member does not accept these amendments, they must cancel their membership for the Services in accordance with the article ‘Cancelling Membership.’

If the Member uses the Services after the General Terms and Conditions of NATIVE SPACES’ come into effect, NATIVES SPACES will consider that the Member has accepted them.

33. Language

French shall take precedence as the language in the event of contradiction or dispute on the meaning of a term or a provision.

34. Mediation

In the event of a dispute between you, a private individual and NATIVE SPACES, you may use the services of the following ombudsman in order to dissolve the dispute amicably:

Centre de médiation de la consommation de conciliateurs de justice (CM2C) Postal address: 14 rue Saint Jean 75017 Paris Telephone: 01 89 47 00 14 https://www.cm2c.net

If you are a private individual who lives outside of France but in the European Union, you can contact the European consumer law dispute resolution platform accessible here. This online dispute resolution platform of the European Commission and is not therefore available for residents of Switzerland of the United Kingdom.

35. Applicable law and competent jurisdiction

General Terms and Conditions governed by French law.

For Members who are legal entities, in the event of a dispute between them and NATIVE SPACES, and unless an amiable agreement can be achieved within two months of the first notice, this shall be subject to the exclusive jurisdiction of the courts of Paris (France), unless otherwise stipulated.

Link to APPENDIX I - Cancellation form

Link to APPENDIX II - Information notice - Obligations for letting furnished tourist accommodation

Link to APPENDIX III - Information notice - Tourist Tax