General terms and conditions of sale

Last updated: 18/06/2018

The following general terms of use aim to define the conditions and ways and means of the management and use of the Guest TROTTER website. Visiting or using the Guest TROTTER website effectuates the unconditional acceptance of the present terms and conditions by the user.

Additionally, in accordance with the provisions of Law n° 2014-366 of 24th March 2014 (JORF n°0072 26th March 2014) I (host/tenant) declare to have formerly taken note of the terms and conditions of Guest TROTTER, having been informed of the preliminary administrative obligations to comply with the seasonal letting of furnished accommodation and declare on my word of honour that I will respect these obligations of the property (furnished accommodation for holiday rental) within the framework of the Guest TROTTER website to know:

- A preliminary administrative declaration of furnished accommodation with city hall

The declaration of furnished accommodation in accordance with seasonal rental, whether this is classed as a holiday rental or not, is obligatory. The occupant (host), whether the tenant or landlord, is exempt from this preliminary administrative obligation if the furnished accommodation constitutes their main residence, meaning if the occupant (landlord or tenant) occupies the accommodation for a minimum of 8 months a year with the exceptions of professional obligation, health problems or cases of force majeure.

The preliminary declaration of furnished accommodation is carried out by the city hall of the accommodation in question, by means of form cerfa n° 14004*02. All changes concerning the provided information (on the occupant (tenant or landlord), the furnished accommodation, the period of rental) must be subjected to a new declaration via city hall.

Caution: if the occupant (tenant or landlord) of the furnished accommodation does not comply with this preliminary declarative obligation with city hall, he or she is liable to fines up to €450.

- A prior administrative approval for the allocation of furnished accommodation for holidayl rental

In municipalities of more than 200,000 inhabitants, i.e. Paris, as well as other communes in the outskirts of Paris (Hauts-de Seine, Seine-Saint-Denis and Val-de-Marne), it is obligatory to have a prior administrative approval to transform housing to furnished accommodation for holiday rental when the landlord does not live in the housing.

Nevertheless, this authorisation is not necessary when the accommodation constitutes the main residence of the landlord. Landlords who live in their accommodation can therefore rent it for several weeks a year without asking for authorisation.

Caution: Without authorisation, the landlord will be subjected to a fine of 25 000€ and a penalty payment of up to 1000€ a week by m² until resolution.

  1. Prelude and Concept

    Guest TROTTER is a platform which connects tourists (Tourists) with available accommodation in exclusive places of residence (e.g. Paris, Réunion Island). Guest TROTTER aims to provide all necessary comfort and offers a range of 5 star services to ensure that the travellers stay is truly unique.

    Guest TROTTER operates a range of concierge services for Tourists, of which some are already included as part of a booking with Guest TROTTER. The main services that are included at Guest TROTTER are: (i) a tailor made meet and greet service; (ii) a 24/7 multilingual concierge (iii)household linen supply (iv) Wi-Fi access.

    Other services can be added if requested/as an option (such as these in particular): airport/train transfers; drinks (e.g. Champage from a French manufacturer, delivered on arrival or by request during your stay); a pocket Wi-Fi hire (to stay connected when travelling during your whole stay).

    Guest TROTTER’s website is edited by Guest TROTTER, a simplified joint stock company, whose head office is found at 13 rue Saint-Romain 75006 Paris.

    Guest TROTTER functions by putting rented apartments that have been verified and controlled online, by partnering with the company Home in One:

    SAS (Simplified joint stock company) with a capital of 1,000.00 EUROS/ SIRET 75211462900013 / APE 6831Z

    Whose head office is at 13 rue Saint-Romain 75006 Paris.

    Professional card T and G issued by the Hauts de Seine Prefecture/ intra-Community VAT identification number: FR30752114629

    Financial guarantee transaction €110,000.00 – Management €110,000.00 / Compagnie Européenne de Garanties et Cautions 128, rue La Boétie 75378 Paris Cedex 08

    It is hence possible for landlords (“Hosts”) to be given management, allowing them to conserve and make their property management profitable again, by becoming members of the Guest TROTTER Club.

    Guest TROTTER’s website users (“Users”) that are either tourists or Hosts, can get in touch, from Monday to Friday, between 10h and 18h, on the following telephone number (s) + 00 33 986 276 676 (call being at the fixed French telephone rate) or, according to circumstance, by e-mail:

  2. Pre contractual information and declarations

    By accessing and using Guest TROTTER’s services, the users, whether they be Hosts or Tourists, declare and acknowledge that they have received all information and subsequently give their consent, which has a direct and necessary link with the content of any service, where applicable, from Guest TROTTER, or its partner, Home in One.

    Furthermore, users of the Guest TROTTER website declare and acknowledge that by accessing and using the services of the Guest TROTTER website, they have not been subjected to any coercion or abuse due to the acquisition of their consent linked to this access and use, and that they likewise don’t find themselves in a dependency situation which would have led to obtaining, on their part, a commitment that they would not have agreed to in the absence of such coercion or abuse and further that no demonstratively excessive advantage is brought about due to the access and use of Guest TROTTER’s website services, nor those of Home in One.

    Lastly, Guest TROTTER’s website users declare and acknowledge here that certain prices of services, according to circumstance, included in Guest TROTTER’s and/or Home in One’s services, or provided on options) can be set unilaterally by Guest TROTTER and/or its partner Home in One, or depending on the case, the concierge service provider.

  3. Customer Service for Travellers (“Concierge Service”)

    We offer our services for a fee to Tourists.

    NOTE: Our Hosts are reminded that in accordance with the management mandate of their goods by our partner Home In One, there are no client service charges from the Guest TROTTER website, applicable to them.

  4. Leasing under the management mandate Home In One

    The rented properties that appear on the Guest TROTTER website are granted and accepted at the given prices with certain terms and conditions established and agreed previously between Hosts, users of the Guest TROTTER’s services and Home In One.

    A Host may devise a security deposit which will be used in the event of damage to the property.

    If a Host chooses to ask for a security deposit payment, the amount of this deposit will be specified in the reservation.

    The acceptance of a reservation constitutes the irrevocable and unconditional acceptance by the customer to be debited the amount of the given security deposit, in the event of damage, this notwithstanding all insurance covering rental risks.

    In the absence of any damage, and at the end of the rental period, the security deposit will be reimbursed without any obligation or requirement of refund from Guest TROTTER or its partner Home in One.

  5. Legal framework

    The rental of apartments from Guest TROTTER is distributed on a temporary residence basis. The apartments cannot be used as a primary residence and the tenant (“Tourist”) cannot practice any commercial activity, artisan or professional. The holiday rental contract is governed under the Civil Code provisions (1708 and onwards).

  6. Becoming a Host

    It is possible to become a host by either directly contacting Guest TROTTER’s partner, Home in One, or by using the Guest TROTTER website and putting a housing advertisement on this website.

    The housing advertisement is controlled and verified by Guest TROTTER’s services and its partner One In Home.

    The online publication as a part of the apartments on the Guest TROTTER website is subject to a preliminary conclusion of a management mandate with Home In One, partner of the Guest TROTTER website.

    Each host can also ask to arrange visits to the apartment (s), provided by a Guest TROTTER representative, or depending on the situation, its partner Home In one. A professional photographer will come to the host’s property(s) free of charge, in order to showcase the accommodation, for the purpose of publishing it on the Guest TROTTER site.

  7. Reservation and Payment Method

    If a customer has shown interest in an apartment and wishes to reserve it, it is possible to complete a booking request by creating an account on Guest TROTTER’s site.

    If two potential tenants (“Tourists”) want to reserve the same accommodation, the reservation is confirmed depending on whose payment is received first. It is not possible to make any changes to a property once the booking has been processed.

    A booking only becomes definite after a payment has been processed with a secure transaction by the bank used by Guest TROTTER.

    The customer has a 24h deadline to make the payment, if this deadline is not reached the reservation will be cancelled. Any cash payment or immediate money transfer service such as Western Union is not accepted.

    Payments for reservations must be in Euros, and made by debit or credit card (only those of which are shown to be accepted on the Guest TROTTER website)

  8. Possible cancellation 60 days before arrival (“check in”)

    A customer is able to cancel their reservation by sending an email to the following address:

    If the cancellation is 60 days before arrival (“check in date”), the customer will be reimbursed up to 50% of the total amount of their booking.

    For any cancellation made less than 60 days before arrival (“check in date), no reimbursement will be made.

    Following this point, Guest TROTTER’s website users are informed and accept that they cannot exercise any right of withdrawal concerning Guest TROTTER’s services or its partner, Home In One, pass this 60 days before arrival deadline.

    Unless otherwise required by law, there will be no refund after the receipt of payment for rental, whether concierge services are included or not, including those that optional, unless specifically stated and a decision of the insurer as a part of cancellation protection, without any commitment nor any obligation by Guest TROTTER and its partners (Home in One, Insurer, Concierge services providers)

    If an unforeseeable change of circumstances on conclusion of the contract arises, with Guest TROTTER for Tourists, or with its partner Home in One for Hosts, making contract fulfilment excessively expensive, excluding possible cancellation 60 days before arrival (“check in”), Hosts as well as Tourists accept and assume risks in regards to both Guest TROTTER and its partner Home in one until the termination of provided service(s) and therefore waive explicitly the right to ask for a renegotiation of the contract (s), by continuing to carry out their obligations until the expiration date of the service (s).

  9. Entry upon premises

    The property should be occupied in accordance to the terms and conditions of the rented property and the maximum number of people that the apartment can occupy. If necessary, co-ownership rules are applicable to the Hosts as well as Tourists.

    The rental period comes into effect on the year, day and hour indicated in the specific conditions of the contract.

    Entry into the property is from 15h00 to 21h00. A meet and great service by a member of the Guest TROTTER team is arranged to welcome the guests and give them the keys, as well as a tour of the apartment. On the day of departure, the guests must leave the accommodation at 11h00 at the latest.

    If the Guest wishes to take possession of the rented property outside the specific rental conditions, they must give notice beforehand, with a notice period approved by Home In One.

    If the Guest cannot arrive on the first day of the rental period, it is imperative that they notify Home In One before the arrival day stated in the specific rental conditions, in order to ensure that the reserved accommodation is not re-rented.

    The Guest commits to taking the rented property in the condition it is found at the time of entry which will have been outlined in the specific rental conditions.

    On entering the property, all furnishings are assumed to be sufficient. All fittings and electrical equipment are considered to be in working order. Any complaint and or irregularity regarding the accommodation must be reported in accordance with the rental terms and conditions. Failing this, the property and its equipment are deemed sufficient and in working order.

    Guest TROTTER and its partner, Home in One, do not accept any liability regarding all potential complaints and/or irregularities concerning the proposed rental properties on the Guest TROTTER website.

    Should any potential accountability regarding Guest TROTTER and/or its partner Home In One be pursued, it will in any case not be able to exceed the price, outside tax and expenses, of the Guest TROTTER’s brokerage commission or according to circumstance, its partner Home in One.

  10. Rental risk insurance

    Booking accommodation via the Guest TROTTER website effectuates a rental risk insurance cover for all types of reservation. Rental risk insurance covers the following circumstances:

    - Cancellation or discontinuation of stay

    - Damages caused by fire, water, etc…

    - Damages to property or effects on the landlord caused as a host

    Guest TROTTER and its partner Home in One will not be liable in the events of theft, loss or damages to personal belongings of guests nor in the event of damage or loss to goods and belongings rented by the host as a result of the Guest, nor, more generally, as a result of the rental, the stay or the services if there has been damage to the goods of the Guest, Host or any other third party.

    If there is a complaint concerning any neighbour disturbances during the period of stay in the place of residence, it is the sole responsibility of the Guest and the people who they are accompanied with or who have entered the rented housing.

    In any case, the Guest as a tenant is obliged to leave the property in the same condition as they found it when they arrived. If the insurer rejects or refuses their warranty, notwithstanding any potential security deposit, the Guest accepts to reimburse the Host with the amount of the damage or deterioration caused.

    Each Guest, having reserved accommodation via the Guest TROTTER website, with rental risk insurance, commits to being part of an arbitration or a similar free settlement process, implicating the host, who could be led by Guest TROTTER or a third party chosen by Guest TROTTER and linked to tenant risks.

    Where necessary, Guest TROTTER and its partners are authorised to file one or more insurance claims as a part of rental risk insurance. For this purpose, each potential Guest and having accepted to make a reservation with the Guest TROTTER website, with risk rental insurance, commits to collaborate and help Guest TROTTER and its partners in good faith, and to provide Guest TROTTER and its partners (Home in One ; Insurer), the information required for the implementation of the rental risk insurance, including but not limited to, signing all documents and taking reasonable measures required by Guest TROTTER and its partners (Home in One; Insurer) in order to apply the rental risk insurance.

  11. Warranty limitations

    Any user of the Guest TROTTER website is in charge of their log in details (username or email address; password)

    Excluding misuse, any Guest TROTTER website user is in charge of, regarding Guest TROTTER and its partner, Home In One, their actions linked to the use of their Guest TROTTER member account/profile, or depending on the case member of Guest TROTTER’s Host club. If a user notes that a non-authorised person has their log in details (username or email address; password), they must inform the administrator of Guest TROTTER’s website immediately. Guest TROTTER is authorised to close a Guest TROTTER member account/profile whilst waiting for the situation to be rectified.

    The Host indemnifies Guest TROTTER and its partners (Home in One; Insurer) against all proceedings, whatever the nature or legal grounds, which should be based on the rented apartment (s) depending on the account of the Host, including findings on data use, images and photographs of the apartment(s) related to the Host’s account or depending on the case, given back to Guest TROTTER or its partners (Home in One ; Insurer) where the Host explicitly authorises their representation, reproduction and dispersion on the Guest TROTTER website as well as potentially on other websites to put information online for Travellers.

    The Customer indemnifies Guest TROTTER and its partners (Home in One; Insurer; Concierge service providers) against all proceedings, whatever the nature of legal grounds, which should be based on the rented apartment (s) depending on the customer’s account, including the basis of any circumstance or event, fault or negligence linked to the property or to rental risks, without any possibility nor any complaint from the Host or customer against Guest TROTTER and its partners (Home in One, Insurer; Concierge services provider) in the event of harm to people or property, material or non-material assets, consecutive or not to the rental property, reservation or services within the GUEST TROTTER website.

  12. If Implementation difficulties arise

    In the event of implementation difficulties, following formal notice against Guest TROTTER and/or its partner Home in One, potentially unreciprocated, Guest TROTTER’s website users, whether Hosts or according to circumstance Guests, waive the right, to pursue either themselves or via a third party, an obligation regarding expenses, charges, and/or risks from Guest TROTTER and/or its partner Home in One, and to seek legal intervention to terminate the contract, or any judicial reduction for service prices.

    Only a potential deadline extension to complete the service (or services) by Guest TROTTER and/or its partner Home In One according to circumstance, any damages or interests which may be called upon, within limits of liability, the discontinued and agreed compensation under this present contract.

  13. Protection of personal information

    The personal information collected is subject to computer processing intended for: Guest TROTTER Simplified joint stock company 13 Rue Saint Romain 75006 Paris - France. "Personal Data" means any nominative information relating to a natural person identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements that are specific to him.

    Personal Data may be collected:
    * During the consultation of the Guest TROTTER website
    * Via the forms published on the Guest TROTTER website
    * When you create an account on the Guest TROTTER site and use this account
    * When sharing content on social networks

    When Guest TROTTER collects your Personal Data, this collection is made in a fair and transparent manner by the presence of information or reference to the present. Guest TROTTER undertakes to collect Personal Data only for specific, explicit and legitimate purposes and to treat them in accordance with the stated purposes. The data collected consists of the identification data (surname, first name, address, telephone, etc.). Whatever the support of the collection, the compulsory nature is indicated. If you do not wish to provide such information about yourself, you may not be able to access certain services or features of the Guest TROTTER website. Other information is intended to know you better and is therefore optional. Thus, the processing of Personal Data is intended to improve the quality of the web services of the Guest TROTTER website.

    The collection of Personal Data by Guest TROTTER has for legal basis:
    * A legal obligation to which Guest TROTTER as data controller may be subject or a data processing necessary for the performance of a public interest mission or the exercise of public authority
    * The performance of a contract and the respect of contractual obligations with Guest TROTTER or as the case may be, of the present conditions
    * The consent of the users when this is required by the rule in force in particular regarding cookies or registration to receive the services of Guest TROTTER

    Where necessary, the personal information collected as part of the Guest TROTTER website may be transferred to its partners (Home in One, Insurer, Concierge Service Providers). Guest TROTTER processes and stores Personal Data for the time necessary to fulfill the purposes for which it was collected.

    In accordance with the regulations in force and in particular the European Regulation (EU) of 27 April 2016, you have the following rights:
    * Right of access and rectification, update and completeness of your Personal Data
    * Right to erase your Personal Data when it is inaccurate, incomplete, equivocal or out of date
    * Right to oppose the processing of your Personal Data
    * Right to portability of your Personal Data when such data is processed on the basis of consent or performance of a contract
    * Right to define the fate of your Personal Data after death and to choose to whom Guest TROTTER should communicate (or not) your Personal Data
    * Right to withdraw your consent at any time

    To exercise the rights defined above, you can contact by mail and by justifying your identity, the Publisher of the Site: Guest TROTTER Simplified Joint Stock Company 13 Rue Saint Romain 75006 Paris - France. You have the right to lodge a complaint with the supervisory authority (CNIL) or obtain compensation from the competent courts if you consider that Guest TROTTER has not respected your rights.

  14. Evaluative comments and feedback

    Any user of the Guest TROTTER website is in charge of feedback and comments links to the referenced properties on the Guest TROTTER website.

    Guest TROTTER is authorised to correct and modify the content of feedback and comments, if necessary, for a better comprehension of them, or if there is a breach of the legitimate rights of Guest TROTTER, its partners (Home in One, Insurer; Concierge services providers) or its landlords (Hosts).

  15. Amending transfer agreements

    Guest TROTTER is authorised to modify at any time the general terms and conditions of the Guest TROTTER website. The alterations will be considered as implicitly accepted and the contracts and conditions of the rental will continue with these alterations, excluding formal opposition which must be received in writing to Guest TROTTER’s company address eight days, at the latest, after the date that the updated text has been put online. Guest TROTTER and its partners are authorised to transfer or delegate their rights and obligations from the landlord or depending on the rental contract in question, entirely or partially, to their service providers. They are authorised to do all that they believe necessary in order to accomplish, represent, replicate or publish, under any form and by any means, all advertisements as they see fit with content, data or information, including images and text, relative to the properties, via the Guest TROTTER website, or other relevant platforms.

  16. Governing law and jurisdiction

    The terms and conditions of the Guest TROTTER website, as well as the general terms and conditions and specific landlords and rental contracts are managed by the French legalisation and law, even when translated into foreign languages.

    In the event of a dispute, the appropriate tribunal will exclusively be that of jurisdiction of the rented property’s situation.