General Terms of Booking and Cancellation

1. Purpose and scope

1.1. These General Terms of Booking and Cancellation (“GTC”) define the rights and obligations of the host and the renter in connection with the booking of an event venue via the Spotwee platform, for an event on a fixed date.

1.2. These GTC constitute the standard rental contract offered by Spotwee to hosts and renters. They apply to any booking made via the platform, unless specific terms are expressly approved by the parties.

2. Description of the service

2.1. The service consists of the temporary provision of a venue (hall, event space, garden, etc.) for the organisation of an event (wedding, reception, seminar, filming, photo shoot, workshop, etc.) on a fixed date or period of performance and for a limited duration (by the hour, half-day, day, etc.).

2.2. The detailed description of the venue (surface area, capacity, equipment, conditions of use, house rules, hours, etc.) is set out in the listing and included in the booking summary.

3. No right of withdrawal

3.1. The rental contract concluded via the platform constitutes a contract for non-residential accommodation services and/or leisure-related services to be provided on a fixed date or period, within the meaning of Article L221-28, 12° of the French Consumer Code.

3.2. Consequently, the renter does not benefit from the statutory 14-day right of withdrawal provided for in Article L221-18 of the French Consumer Code for distance contracts.

3.3. This exclusion of the right of withdrawal is stated clearly and comprehensibly before the conclusion of the contract and in the booking summary (Article L221-5, 7° of the French Consumer Code).

4. Booking process and formation of the contract

4.1. The renter selects a venue, provides the information relating to the event (date, times, number of people, etc.) and submits a booking request.

4.2. When the request is sent, the total amount of the booking (including any applicable fees) is subject to a pre-authorisation on the renter’s payment method, with no actual charge at this stage (except for fees expressly indicated).

4.3. The host has a set period in which to accept or decline the request. If the request is declined or no response is given within that period, the pre-authorisation is automatically cancelled.

4.4. The rental contract is formed upon acceptance of the request by the host, at which point the pre-authorisation is captured (the renter is actually charged).

5. Price and payment terms

5.1. The total price of the booking (incl. VAT), including any taxes, additional fees (e.g. cleaning, options) and, where applicable, Spotwee’s commission or service fees, is clearly indicated on the listing and in the booking summary, in accordance with Articles L112-1 and L221-5 of the French Consumer Code.

5.2. Payment is processed via Stripe, a third-party payment service provider. Spotwee does not store full card details and does not hold the funds in an account of its own.

5.3. Subject to cancellation or refund, the amounts due to the host are paid out 24 hours after the end of the event, via Stripe, in accordance with the “Separate Charges and Transfers” model.

5.4. In the event of payment failure (refusal by the bank, unjustified dispute), the booking may be cancelled as of right, without prejudice to damages.

6. Cancellation by the renter (scaled cancellation fees)

6.1. The renter may cancel the booking via the platform under the following conditions (cancellation fees):

• Cancellation ≥ 7 days before the event start date: refund of 100% of the amount paid.
• Cancellation between 72 hours and 7 days before the start date: refund of 50% (the remaining 50% is retained by the host as a cancellation fee).
• Cancellation less than 72 hours before the start date or no-show: no refund (100% retained by the host as a cancellation fee).

6.2. Deadlines are assessed on the basis of the local date and time of the booked venue.

6.3. These amounts are qualified as cancellation fees intended to compensate the host for the lost opportunity to re-let the venue and for the costs incurred, and not as manifestly excessive penalties.

6.4. The provisions of this article apply without prejudice to the force majeure clause (Article 8), which may give rise to a full refund.

6.5. These cancellation fees do not deprive the renter of any of their statutory rights. In particular, the renter retains the right to seek additional compensation in the event of fault by the host (notably a late wrongful cancellation or non-conformity of the venue), under the conditions of ordinary law.

6.6. As a commercial gesture, and in particular for last-minute bookings, a cancellation by the renter within one hour of the host’s acceptance of the request, and before the start of the event, gives rise to a full refund, by way of exception to the above scale.

7. Cancellation by the host

7.1. If the host cancels the booking, the renter is fully refunded the amounts paid for the booking.

7.2. The host undertakes to keep cancellations to a strict minimum and acknowledges that an excessive number of cancellations may lead to measures on the part of Spotwee (temporary or permanent delisting, possible contractual penalties).

7.3. Spotwee may, at its discretion, offer the renter alternative venues or an additional commercial gesture, without this implying any legal obligation of result.

8. Force majeure (reciprocal clause)

8.1. Force majeure means any unforeseeable, irresistible and external event making performance of the contract impossible, within the meaning of Article 1218 of the French Civil Code.

8.2. By way of non-exhaustive examples, the following may be considered force majeure:

• an administrative or regulatory ban on gatherings or on opening the venue on the date of the event;
• a natural disaster, fire, flood or storm affecting the venue or making access to it impossible;
• an act of terrorism or riots in the immediate vicinity of the venue;
• a decision by a competent authority to close the venue for safety reasons.

8.3. Force majeure may be invoked by the host and by the renter alike.

8.4. The party wishing to invoke force majeure must inform the other party and Spotwee as soon as possible, in writing (via the platform or by email), providing any relevant supporting documents (prefectoral order, official report, certificates, etc.).

8.5. In the event of duly substantiated force majeure: the rental contract is terminated as of right and any performance already made is returned (Article 1218, paragraph 2, of the French Civil Code); the renter is fully refunded the amounts paid, without fees or penalties; neither party may claim damages from the other in respect of this termination.

8.6. Circumstances strictly personal to the renter (illness not qualifying as force majeure within the meaning of case law, professional commitments, etc.) are not automatically considered force majeure and remain subject to the cancellation scale, unless otherwise agreed by the host.

9. No-show and use of the venue

9.1. If the renter fails to appear on the scheduled date and time without prior cancellation (no-show), the booking is deemed to have been used and no refund is due, except where force majeure applies (Article 8).

9.2. The renter undertakes to use the venue in accordance with its intended purpose, the house rules defined by the host and the applicable laws and regulations (safety, neighbourhood, noise, maximum capacity, etc.).

10. Non-conformity of the venue and complaints

10.1. If the venue is manifestly non-compliant with its essential description (e.g. total unavailability, insalubrity, obvious danger), the renter must immediately inform the host and Spotwee, ideally with supporting photos or videos.

10.2. Spotwee may, at its discretion, facilitate an amicable settlement (partial or full refund, alternative venue, commercial gesture), without any guarantee of outcome and without assuming the host’s legal responsibilities.

10.3. Where appropriate, the amounts may be refunded to the renter, in whole or in part, depending on the assessment of the circumstances and the evidence provided.

10.4. In the event of a serious breach by the host (venue manifestly non-compliant, unavailability not justified by force majeure), the cancellation scale in Article 6 does not apply: the renter is fully refunded the amounts paid, without prejudice to any additional compensation under ordinary law.

11. Liability and insurance

11.1. The host is responsible for the conformity and safety of the venue provided, as well as for obtaining all necessary authorisations (planning, safety, co-ownership, landlord, etc.).

11.2. The renter is liable for material and immaterial damage that they or their guests may cause to the venue, the equipment and third parties during the period of provision.

11.3. The host and the renter are strongly advised to take out the necessary insurance (civil liability, property damage, etc.).

12. Dispute handling, mediation and applicable law

12.1. Any complaint relating to a booking must first be addressed in writing to Spotwee’s customer service (OBVEON GROUP) at contact@spotwee.com, within a reasonable time from the date of the event.

12.2. Spotwee operates an internal complaints-handling procedure, with indicative response times communicated to the renter.

12.3. In accordance with Articles L611-1 et seq. and L612-1 of the French Consumer Code, after a prior written complaint has remained without a satisfactory response, the consumer renter may have free recourse to a consumer mediator. The competent mediator for OBVEON GROUP is: CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris (https://www.cm2c.net).

12.4. The renter may also use the European Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr.

12.5. These GTC are governed by French law.