Preliminary Article – Definitions
Words and expressions beginning with a capital letter in this document have the following meanings:
"Administrator" refers to the manager of the Site and Services offered by WE ARE SCENE.
"Listing" has the meaning given to it in Article 4.2.1 of the General Terms.
"Final Client" refers to the User who makes a Booking with a Host through the Site.
"Special Conditions" has the meaning given to it in Article 4.2.1 of the General Terms.
"Security Deposit" refers to the amount that may be paid by a Final Client to WAS in order to guarantee coverage for any Claims that may arise due to the Final Client during the use of a Private Space. The Security Deposit is either permanently retained by WAS or returned to the Final Client in the event of a Claim, in accordance with Article 11.3.1 of these General Terms.
"Claim Declaration" refers to the information that a User who has suffered a loss must enter on the site, following the designated process, within a maximum of 48 hours after the Final Clients' departure time. [Harmonized deadline — see correction no. 1]
"Acceptance Period" refers to the period defined in Article 4.2.4 during which the Host may accept the Booking made by the Final Client.
"Anticipation Period" refers to the 24-hour period during which the Partner may confirm or decline an Extra ordered by a Final Client, it being specified that failure to respond within that period results in automatic cancellation of the Extra.
"Publisher" or "WAS" refers to WE ARE SCENE in its capacity as publisher of the Site.
"Private Space" refers to any premises and/or private space that a Host offers for use during pre-determined periods on the Platform. A land vehicle or vessel booked through the Services constitutes a Private Space only to the extent that it is stationary.
"Extra(s)" refers to the offers proposed by the Platform's Partners in addition to a Private Space Booking, and/or the additional services offered by a Host as part of a Booking.
"Referral Form" refers to the form available on the Platform allowing a User to refer one or more people to the Platform and, where applicable, to benefit from the Referral Offer.
"Host" refers to the User who publishes a Listing on the Site, it being specified that this User declares that they (i) hold all administrative and/or legal authorization required to rent out the Private Space(s) which they fully enjoy the use of, and/or (ii) act properly under a mandate on behalf of a duly authorized third party, under the conditions set out above.
"Platform" or "Site" refers to the website accessible at the URL and all content published on it.
"Referral Offer" has the meaning given to it in Article 4.2.10 of these General Terms.
"Partner" refers to any individual or legal entity offering services and/or goods complementary to Platform Users.
"User(s)" refers to any individual or legal entity using the Services on the Platform, notably in the capacity of Host, Final Client, or Partner.
"Booking" refers to the act by which a Final Client requests use of a Private Space based on a Listing published by a Host on the Site.
"Instant Booking" refers to a Booking made by the Final Client without needing to send an approval request to the Host.
"Services" has the meaning given to it in Article 3 of these General Terms.
"Claim" refers to any event that has directly or indirectly caused damage to the Host during the use of an Insured Private Space, potentially engaging the liability of a Final Client.
Article 1 – Scope of Application
1.1 Scope of application
These general terms and conditions (hereinafter the "General Terms") govern access to the Services offered by the company WE ARE SCENE via its website, under the conditions set out in Article 3 below. They exclusively govern the relationship between WE ARE SCENE and the Site's users, to the exclusion of any other similar provider or service.
1.1 bis Independence of Services
The Services offered by the company WE ARE SCENE are designed, developed, and operated autonomously, according to an original and distinct model, and cannot in any way be confused with those offered by other platforms or providers operating in a similar sector.
The User expressly acknowledges that the WE ARE SCENE Platform does not constitute a reproduction, adaptation, or variation of comparable services implemented by third parties. Any attempt to equate or draw an analogy between the Services offered by WE ARE SCENE and those of another market player shall be deemed unfounded.
Any third party is strictly prohibited from using, imitating, or reproducing, directly or indirectly, all or part of the elements, processes, services, or structures offered by WE ARE SCENE, under penalty of legal action for unfair or parasitic competition.
1.2 Acceptance of the General Terms
Use of the Services offered by WE ARE SCENE implies full and complete adherence by the User to these General Terms. This acceptance is evidenced by voluntarily clicking the "Confirm" button at the time of registration or booking. This act constitutes a firm and express commitment, having the same evidentiary value as a handwritten signature.
The User expressly acknowledges the validity of the automatic recording systems used by WE ARE SCENE to authenticate commitments, bookings, or declarations made on the Site, unless proven otherwise by objective evidence.
Access to the Services is open to any individual or legal entity with the legal capacity to enter into contracts under the laws in force in their country, subject to compliance with these General Terms.
1.3 Amendments to the General Terms
WE ARE SCENE reserves the right to amend these General Terms at any time in order to ensure compliance with legal, regulatory, or technical requirements, or to improve the operation of the Platform. Any amendment will be communicated to Users in advance through an appropriate means (publication on the Site, electronic notification, etc.).
Such amendments will apply only for the future and will have no retroactive effect. Users with an account will be notified at least thirty (30) days before the amendments take effect, unless immediate application is required by law or regulation.
In the event of disagreement with the new General Terms, the User may terminate their account free of charge within thirty (30) days of the notification. After this period, failure to terminate the account will constitute tacit acceptance of the new terms.
The Publisher retains archives of all successive versions of the General Terms and undertakes to provide them to any User who requests them.
1.4 Severability
Should any provision of these General Terms be annulled, in whole or in part, by a final court decision, such annulment will not affect the validity of the other provisions, which will remain fully in effect. The fact that WE ARE SCENE does not exercise, temporarily or permanently, a right or clause under these Terms shall not be deemed a waiver of the right to exercise it later.
Article 2 – Mandatory Provisions Essential to Using the Platform
Users wishing to access the services offered by the company WE ARE SCENE, as defined in Article 3 of these General Terms of Use, expressly undertake to:
Comply with all laws, regulations, and rules in force in the country from which they use the Platform, including local regulations (municipal or prefectural), co-ownership rules, and any other regulatory text applicable to the provision of premises or spaces, whether for private or professional use;
Hold all legal, administrative, or contractual authorizations required to offer a Private Space, and fully assume, in accordance with these General Terms, the liability associated with providing it through the Platform;
Consent to the collection and processing by WE ARE SCENE of data necessary to comply with the reporting obligations imposed on digital platforms, notably those arising from: (i) Articles 1649 ter A to 1649 ter E of the French General Tax Code (CGI), (ii) Articles 344 G duodecies to 344 G vicies of Annex III to the CGI, (iii) the order of December 26, 2022, all in accordance with the requirements of the DAC7 reporting framework applicable to online intermediation platform operators.
Article 3 – Services Offered by WE ARE SCENE
3.1 Definition of Services
WAS is an online platform enabling its Users to offer/book the use of Private Spaces, notably for the purpose of audio, photo, and/or video recording and, more generally, any type of image and sound capture/broadcasting. Users may therefore publish Listings on the platform, make Bookings for Private Spaces, and/or subscribe to additional services from Partners (hereinafter the "Services").
Regarding the Services it provides through its Platform, it is expressly noted to every User, Final Client, Host, or Partner that:
WAS is responsible for collecting and remitting VAT on Bookings and Extras made through the Platform. Accordingly, WAS charges VAT on all services provided through its Platform.
Under a Booking, the Host makes their Private Space available to a Final Client for a set period, according to the characteristics indicated in the Booking.
The Host remains liable to the Final Client for any non-performance and/or improper performance of the Booking and/or any Claim that may arise during a Booking.
Conversely, the Final Client remains liable for any total and/or partial damage to or destruction of the Private Space and/or the resources made available (furniture, equipment, etc.), in accordance with Article 11.3 of these General Terms.
WE ARE SCENE reserves the right to offer new Services and/or discontinue existing Services, which Site users accept without reservation. In the event of changes to the Services offered, these General Terms will be amended accordingly, in accordance with Article 1.4.
3.2 Practices to be observed by every User
The Services offered by the WE ARE SCENE Platform are intended solely to facilitate the publication of listings, the booking of Private Spaces, and, where applicable, the subscription to additional services (hereinafter "Extras"), under the conditions set out in these General Terms.
Access to these Services is strictly reserved for Users registered on the Platform in accordance with Articles 4 and 5 hereof. Accordingly, unregistered internet users are not permitted to publish a Listing or make a booking.
When using the Platform, each User undertakes, without reservation and under their full responsibility, to:
Provide accurate, complete, and up-to-date information to WE ARE SCENE, including a valid email address upon registration;
Use the Services solely for personal purposes, excluding any resale, sublicensing, or unauthorized indirect commercial use;
Refrain from any action or statement that infringes on the peace, safety, or integrity of other Users;
Respect the rights of third parties, particularly image rights, intellectual property rights, personality rights, and any applicable regulations;
Not impersonate a third party or use a LinkedIn, Facebook, or Twitter account that does not belong to them;
Not publish, transmit, or broadcast, via the tools available on the Platform, any unlawful, defamatory, racist, obscene content, or content contrary to public order or accepted standards of decency;
Strictly comply with the laws in force in France as well as those of the country in which the offered or booked Private Space is located;
Declare a valid and accurate physical address for each Private Space published on the Platform;
Not publish any false information, particularly about another User, a Private Space, or the Platform itself, under penalty of incurring civil and/or criminal liability;
Fully cooperate with the Platform to enable it to meet its reporting obligations, notably under Articles 1649 ter A to 1649 ter E of the French General Tax Code (DAC7);
Respect the integrity of booked Private Spaces as well as any furnishings assigned to them.
3.3 Legal support
Our practical guide was produced in partnership with the law firm Stone Avocats, who can provide personalized legal assistance on these various points:
Stone Avocats
Website: www.stone-avocats.com
Article 4 – Users' Personal Accounts
4.1 Creating a personal account
A personal account allows use of the Services as defined in Article 3 of the General Terms. However, creating a personal account is not mandatory to access Listings published on the Site.
Creating a personal account is, however, essential for internet users to use the Services, whether as a Host, Final Client, or Partner.
WE ARE SCENE reserves the right to (i) refuse a User's registration on the Site and (ii) unilaterally exclude a User who does not comply with, or does not wish to comply with, these General Terms. Should the personal account or the data it contains be lost due to an accident, technical failure, or force majeure event, the Site Publisher's liability cannot be engaged.
4.2 Creating a Listing (Host)
Every User may submit a Listing for publication on the Site. Publication of the listing is systematically subject to moderation by the Administrator. In this case, the User must select the categories of use in which they wish to list their Private Space, and provide certain information about the Private Space they are offering, such as location, size, availability, and, for each category of use, the cancellation policy, price, capacity, and any other element the Publisher deems relevant (the "Listing").
The User may also upload images of the Private Space. It is noted that information and images published by the User may be subject to review by WE ARE SCENE, which reserves the right to refuse certain information and/or images and/or to modify certain images submitted as part of the Listing.
WE ARE SCENE reserves the right to use any photos submitted to the site by the Host for commercial purposes to promote its services. The Host may make the Booking of their Private Space subject to certain special conditions (for example, payment of a Security Deposit, payment of cleaning fees, a minimum booking duration, etc.) and/or require certain information from the Final Client ("Special Conditions").
WE ARE SCENE recommends that Hosts, if they wish, take out insurance appropriate to their Private Space (use, activity, etc.).
The Host expressly declares and warrants that the published Listing:
Does not violate any agreement entered into with third parties, such as co-ownership regulations, leases, or rental agreements, and, more generally, any agreement relating to the use of the Private Space;
Will not result in any violation of laws and regulations relating to the Private Space;
Will not result in any violation of the rights of one or more third parties.
As a result of the foregoing, WE ARE SCENE is not liable for violations committed by the Host of agreements entered into with third parties (individuals, legal entities, administrative bodies, etc.), or of applicable laws and regulations.
4.3 Booking a Listing and paying the price (Final Client)
Users may book the Private Space through the Site based on the availability offered by the Host in their Listing and the price stated in the Listing.
Once a Final Client makes and accepts a Booking for a specific period, the Host may no longer change the price associated with the booking.
When the Final Client confirms a Booking ("Booking Request"), they expressly commit to and accept:
The Host's Special Conditions as well as these General Terms;
To pay WAS the price of the Booking and, where applicable, the Security Deposit, which is held in escrow for 48 hours after check-out, provided there is no damage;
To pay WAS the Service Fees (as defined in Article 6.1 of the General Terms) through the Site at the time of Booking.
It is noted that the Booking price and Service Fees are subject to value-added tax (VAT).
A Booking request may appear under the following statuses: "in discussion," "sent or completed," "pre-approved," "confirmed," "declined," "cancelled."
Accordingly, the Final Client must pay, as soon as the Booking request is made, the full price of the Booking including all taxes (potentially including a Security Deposit).
4.4 Subscribing to an Extra
Consulting, subscribing to, and paying for an Extra are governed by Article 5 of these General Terms.
4.5 Acceptance / Cancellation
4.5.1 For Bookings
Once a Booking request has been made by a Final Client, the Host may pre-approve or decline the Booking request up until the start of the use period (the "Acceptance Period"). Absent a response within the Acceptance Period, the request will be automatically cancelled.
In any case, WE ARE SCENE will inform — by email — the Host and Final Client of the confirmation, refusal, or cancellation of the Booking. As long as the Final Client has not confirmed and paid for the Booking within the Acceptance Period, the Final Client may freely cancel their Booking up until the start of the use period.
THE FINAL CLIENT AND THE HOST ARE NOT PERMITTED, ONCE BOTH PARTIES HAVE ACCEPTED, TO CANCEL THE BOOKING.
If the Host cancels the Booking after having accepted it, the Host will be required to pay compensation according to the following terms:
More than 7 days before the 1st day of the Booking: WE ARE SCENE's Service Fees related to this Booking are due and will be deducted from earnings from the Host's next Booking.
Less than 7 days before the 1st day of the Booking: WE ARE SCENE's Service Fees as well as a flat fee of €200 (all taxes included) are due and will be deducted from earnings generated by the Host's next Booking.
In the event of a confirmed cancellation, the following consequences will apply:
The date will appear as unavailable on the User's calendar: the calendar will remain blocked, and the Host will no longer be able to accept any other Booking for the same dates as the cancelled Booking.
If the Host cancels on or after the arrival day, Final Clients may leave a public comment on the Host's Listing page.
Starting with a Host's second cancellation of a Booking within the same half-year period (January 1 to June 30, or July 1 to December 31), the Listing linked to the Space will be automatically removed. The Host will only be able to reactivate Instant Booking after contacting WE ARE SCENE customer service.
Only cancellations due to force majeure allow for exceptions to the cancellation conditions. Force majeure events are unforeseen circumstances beyond the Users' control (unpredictable, unavoidable, and external). Force majeure events must occur within the seven (7) days preceding the start date of the Booking.
Force majeure events include, without limitation:
Unforeseeable and previously unknown problems at the time of Booking involving property damage, a loss, or a failure of "basic" equipment in the accommodation resulting in unsafe conditions for hosting people or preventing access to water or electricity;
Transport disruptions and cancellations (plane, train, bus, or ferry) making it impossible to travel to the booking location;
Natural disasters, terrorist activities, and civil or political disturbances preventing the Host from receiving the Final Client(s);
Death of the host or a close relative;
Serious illness or accident suffered by the host;
A security threat notice issued for the booking location;
Interruptions to essential public services affecting the booking location.
In the event of a cancellation related to a force majeure event, Platform Users must take the following steps:
Verify that their force majeure case is unforeseeable, unavoidable, and external in relation to the performance of the Booking;
Ensure they have the necessary documents to demonstrate this;
Cancel the Booking and inform the Final Client via the Platform;
Contact WE ARE SCENE customer support to report the incident that caused the cancellation.
This report must be sent no later than seven (7) days after the cancellation, otherwise it will automatically be recorded as a cancellation outside of force majeure.
4.5.2 For Instant Bookings
If the User has selected the instant booking option, this means a User can make a Booking request for a date shown as available on their calendar, and the Booking is automatically pre-approved, with no action required from the Host.
The Host may cancel the Booking without penalty if:
The Final Client has several negative reviews that raise concerns for the Host;
The Host asked the Final Client for more information about the Booking and received no response;
The Final Client's project violates the house rules and/or the Host's Special Conditions;
During discussion in the platform's instant messaging, the Final Client clearly indicates they are likely to violate the Host's house rules.
Subject to the above conditions, for the cancellation to be accepted, it must take place within 24 hours of the automatic pre-approval; otherwise, the Host must contact the Platform's customer service by phone to report this information. If none of these actions are taken, a penalty of 50% of the Booking amount will be deducted from earnings from a subsequent Booking, in addition to an automatic flat penalty of €200 (all taxes included).
To cancel an Instant Booking free of charge, the Host must, within 24 hours of pre-approval:
Go to their personal account > my bookings;
Find the booking they wish to cancel;
Click the "Cancel" button;
Send an email with "Cancellation" as the subject and, in the body, either "I do not trust the Final Client" or "The project violates my house rules," or contact WAS by phone to notify them.
A confirmation email acknowledging the free cancellation will be sent. If a Host cancels numerous Instant Bookings, this option may be removed from the Listing by the Platform's moderation team.
For any Booking request, the Host will have access to certain information about the Final Client: (i) the ability to send internal messages to the Final Client; (ii) access to profile images; (iii) and, more generally, any other information WE ARE SCENE deems relevant.
4.5.3 Right of withdrawal
In accordance with Article L. 221-28 (12°) of the French Consumer Code, the Final Client — who is a "consumer" as defined in the preliminary article of the Consumer Code — is informed that they do not benefit from the right of withdrawal provided for in Article L. 221-18 of said Code.
4.5.4 Host obligations
In order to use the Services on the Platform, it is expressly noted to the Host that they must not offer one or more of their Private Spaces for tourist accommodation purposes within the meaning of the Tourism Code (overnight stays are prohibited).
Once the Host pre-approves a Booking request, the Host expressly undertakes, except in the event of cancellation under the conditions set out in Article 4.5.1, to:
Provide the Private Space as described in the Listing and published images;
Provide the Private Space under the conditions stated in the Listing for the period indicated in the Final Client's Booking;
Facilitate access to the Private Space for Final Clients by providing them with any useful information;
Legally carry out the activity of providing their Private Space and hold, for this purpose, a comprehensive insurance policy covering potential risks associated with their activities;
Once the Booking has been accepted during the Acceptance Period, not to subsequently cancel the Booking of the Private Space, except in the event of force majeure. Failure to comply with this rule: the Host must fully refund the Booking price to WAS and may be held liable to the Final Client and WE ARE SCENE.
In the event of damage or theft during the Booking, the Host must report it on the Platform within a maximum of 48 hours after check-out. Beyond this deadline, their compensation claim will be expressly and automatically rejected by WE ARE SCENE.
Where applicable, the Host must provide all evidence in their possession to justify the alleged damages and repair or replacement costs. In the event of a Claim Declaration within the aforementioned 48-hour period:
All or part of the Security Deposit may be used to compensate the Host.
The Security Deposit amount may also be claimed by the Host if certain services rendered on the day of the Booking were not paid for.
If the Host decides to withdraw all or part of the Security Deposit to cover unpaid amounts, the amount withdrawn by the host will be deducted from the Security Deposit pool that can be claimed in the event of a Claim.
4.5.6 Final Client obligations
Once the Final Client has confirmed a booking, they expressly undertake, except in the event of cancellation under the conditions set out in Article 4.5.1, to:
Use the Private Space under the conditions stated in the Listing;
Not damage the Private Space in any way, it being specified that in the event of destruction of property belonging to the Host or damage to the Private Space, the Final Client may be held liable to the Host;
Not cause any damage to third parties through their use of the Private Space;
Respect agreed schedules, check-in and check-out times, and notify the Host in the event of delays;
Notify the Host if they wish to use the bedrooms;
Only smoke outdoors;
Not cause any neighborhood disturbance (noise, odor, etc.) and respect common areas;
Leave the Private Space in the same condition as at the start of the Booking.
Applicable cancellation policies:
Flexible: 100% refund up to 24 hours before the Booking, minus Service Fees. Beyond that, the full Booking amount as well as Service Fees (including taxes) are fully due. This policy applies only to the provision of the Private Space; Partner services subscribed to in addition to the Booking cannot be refunded if cancelled less than seven (7) days before the Booking.
Moderate: 50% refund up to seven (7) days before the Booking, minus Service Fees. Beyond that, the full Booking amount as well as Service Fees are fully due. Additional Partner services subscribed to cannot be refunded if cancelled less than seven (7) days before the Booking.
Strict: 50% refund up to 30 days before the Booking, minus Service Fees. Beyond that, the full Booking amount minus Service Fees is fully due. Additional Partner services subscribed to cannot be refunded if cancelled less than seven (7) days before the Booking.
In the event of cancellation by the Final Client, Service Fees (including taxes) are retained in full, regardless of the cancellation policy, and cannot be refunded to either the Final Client or the Host.
Any loss or damage may result in a deduction from the Security Deposit by the Host. A Host who has filed a Claim Declaration within 48 hours of the Final Client's departure and provided all supporting evidence will be entitled to withhold all or part of the Security Deposit, even in the event of a dispute by the Final Client. The Final Client will be notified on the Platform and by email and will have direct access to all descriptions and supporting evidence provided by the Host.
4.6 Reviews
After a Private Space has been made available to a Host, the Final Client is invited to leave reviews on the Private Space, which will appear on the User's personal account in their capacity as Host. WE ARE SCENE may contact Final Clients by email to obtain feedback on their experience with the Host.
4.7 Incidents
In the event of an incident of any kind during a Booking (damage, non-compliance with conditions, insults, threatening behavior, etc.), the Host or Final Client must immediately notify the competent authorities to facilitate resolution of the incident and keep WE ARE SCENE informed.
4.8 Account deletion
The Publisher reserves the exclusive right to delete the account of any User who has violated these General Terms or committed an offense punishable under French law, or any account inactive for at least one (1) year. Such deletion shall not constitute damage to the excluded User, who may not claim any compensation as a result.
This exclusion does not preclude the Publisher's ability to pursue legal action against the User if the latter has committed harmful acts. The Publisher does not guarantee the truthfulness, integrity, or honesty of information provided by Users. In the event of deletion of a User's personal account, WE ARE SCENE reserves the right to retain their comments relating to the use of Private Spaces.
4.9 Referrals
WE ARE SCENE offers Final Clients and Hosts using the Platform's Services the opportunity to refer new Users in order to receive, depending on their status, a gift voucher with a WE ARE SCENE partner or a bonus (the "Referral Offer").
Terms and validity of referring a Final Client:
The Referrer must provide the name/first name/phone/email of their Referral in the Referral Form;
The Referral has never used WE ARE SCENE's Services or created an account on the Platform as a Final Client;
The Referrer may refer up to ten (10) people per year;
As soon as the referred Final Client makes a first Booking of more than €100 (including taxes), the Referrer will receive a gift voucher usable with a WE ARE SCENE partner. If the Referral cancels the Booking, the Referrer will not receive the gift voucher.
Terms and validity of referring a Host:
The Referrer must provide the name/first name/phone/email of their Referral in the Referral Form;
The Referral has never used WE ARE SCENE's Services or created an account on the Platform;
The Referrer may refer up to ten (10) people per year;
As soon as the referred Host makes a first Booking on the Platform as a Host, the Referrer will receive a bonus, the amount of which will be expressly stated in the Offer and/or Referral Form. If the Referral cancels the Booking, neither the Referral nor the Referrer will receive the referral offer.
General terms:
The Referral must not close the account opened under the offer within one year. Failing this, WE ARE SCENE reserves the right to charge the Referral the amount corresponding to the gift voucher or bonus they received.
The referral offer cannot be combined with any other commercial offer proposed by WE ARE SCENE or one of its partners at the time an account is opened, unless expressly stated otherwise.
This offer is reserved for legal entities and adult individuals (Referrers and Referrals).
WE ARE SCENE reserves the right to end the offer at any time, with prior notice on its website wearescene.com.
WE ARE SCENE reserves the right to offer a photo shoot to a referred Host whose proposed space meets the following eligibility criteria: (i) located within major French metropolitan areas (ii) minimum 30 m² of living space (iii) consistent with WE ARE SCENE's brand image.
4.10 Direct debit collection clause
By accepting the General Terms, the User acknowledges and agrees that, in the event of late payment of an invoice, WE ARE SCENE is authorized to collect the balance due by directly using other payment methods registered by the user, including bank cards, or any other payment method registered under their company's account.
This direct debit authorization applies in situations where payment is not made within the agreed timeframe and no other payment arrangement has been properly agreed upon with WAS's financial services. The Client also acknowledges that, by accepting this clause, it is their responsibility to ensure that the registered card or account is valid and sufficiently funded to allow collection of the amount due.
By accepting these General Terms, the Client acknowledges that this direct debit mechanism is a legitimate and undisputed debt collection measure and waives any recourse against WAS regarding the use of this collection method.
Article 5 – Extra(s)
5.1 Creating an Extra (Partner)
Every User may create a personal account as a Partner and submit to WE ARE SCENE an offer to deliver a service and/or good ("Extra(s)") to be published and offered by any means to Final Clients as part of a Private Space Booking. Publication of the Extra (content/images) on the Platform is subject to validation by the Administrator. In all cases, the Partner must submit the following information to WE ARE SCENE:
Choice of the service and/or goods category in which they wish to publish their Extra;
Any useful information relating to the proposed Extra, such as the area of intervention or delivery, the content of the Extra (description of the service and/or good), the price, or any other element the Administrator deems relevant;
The Anticipation Period.
The Partner may customize their Extra with complementary services and/or goods based on the Final Client's specific needs. The Partner may also make the final delivery of an Extra subject to certain special conditions and/or information from the Final Client.
For each Extra offered, the Partner expressly declares and warrants:
Not to violate any agreement entered into with third parties;
To comply with legislation relating to the service and/or good offered.
It is expressly noted that WE ARE SCENE is not liable for violations committed by the Partner of agreements entered into with third parties (individuals, legal entities, administrative bodies, etc.), or of applicable laws and regulations.
5.2 Subscribing to an Extra (Final Client)
Final Clients may subscribe to an Extra through the Platform only as part of a Private Space Booking. Once a Final Client confirms a Private Space Booking, the Partner may no longer change the price for their Extras. When the Final Client confirms an Extra by clicking the appropriate button on the Site, a contract for delivery of a service and/or good is concluded between the Partner and the Final Client. The Final Client agrees to pay the price associated with the Extra ordered through the Site once the Extra is confirmed by the Partner. Any direct payment from the Final Client to a Partner is prohibited.
5.3 Acceptance / Cancellation
When a Final Client adds an Extra to their cart during a Booking, the Partner may approve or decline the Extra within 24 hours of the Private Space Booking being confirmed and paid for by the Final Client (the "Anticipation Period"). The Final Client cannot confirm an Extra once the Anticipation Period has expired.
THE FINAL CLIENT AND THE PARTNER ARE NOT PERMITTED, ONCE BOTH PARTIES HAVE ACCEPTED, TO CANCEL A SUBSCRIBED EXTRA, EXCEPT IN THE EVENT OF FORCE MAJEURE.
If the Final Client cancels the Extra after the Partner's confirmation, the Final Client may be required to compensate the Partner according to the Partner's special conditions.
In the event of cancellation of the Private Space by the Host, the Final Client cannot obtain a refund and/or change to the delivery date of Extras, except where the Partners' special conditions allow it.
For each Extra order, the Partner will have access to certain information about the Final Client and the Host corresponding to the order, including their contact details.
5.4 Partner obligations
Once the Partner approves an Extra subscribed to by a Final Client, the Partner expressly undertakes, except in the event of cancellation by the Final Client, to contact the Final Client if additional information is needed, and to perform or deliver the service faithfully in line with the description, offer, and confirmed dates and times. They declare that they legally carry out their activity and hold, for this purpose, an insurance policy covering potential risks associated with their activities.
In this context, the Partner must complete the information relating to their account, including information about their company, if applicable. If the Partner is an individual acting as a platform host, the Partner is solely responsible for tax declaration obligations related to their provision of services and any additional services offered.
Article 6 – WE ARE SCENE's Financial Terms
6.1 Payment for services
For every Booking made on the Platform:
VAT applies to the Services, including the amount related to the Booking.
The Final Client agrees to pay the Booking price to WAS upon confirming the Booking on the Platform, in addition to applicable VAT.
The Final Client agrees to pay the Security Deposit to WAS upon confirming the Booking.
WAS agrees to pay the amount due to the Host within a maximum of thirty (30) days from the Booking's check-out date.
6.2 Late payment
In the event of late payment to WAS, provided the User is a professional within the meaning of the Consumer Code, increased interest will be due in accordance with Article L.441-10 of the Commercial Code, equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, as well as a flat-rate compensation for collection costs of 40 euros (Article D.441-5 of the Commercial Code).
IN THE EVENT OF NON-FULFILLMENT OF OBLIGATIONS UNDER THESE GENERAL TERMS BY A USER, INCLUDING IN PARTICULAR NON-PAYMENT OF THE OUTSTANDING BOOKING PRICE (INCLUDING TAXES), THE CLIENT WILL OWE A FLAT-RATE COMPENSATION EQUAL TO 5% OF THE UNPAID BALANCE (INCLUDING TAXES). THIS COMPENSATION IS DUE AUTOMATICALLY, WITHOUT PRIOR FORMAL NOTICE, SIMPLY DUE TO THE DEFAULTING USER'S FAILURE TO MEET THE DUE DATE, WITHOUT PREJUDICE TO ANY POTENTIAL DAMAGES.
6.3 Payment processing errors
WE ARE SCENE undertakes to take all necessary measures to prevent and/or correct payment processing errors related to the Services. In the event of an error, Users are invited to report the identified error to the Administrator so that it can be resolved as quickly as possible.
6.4 Taxes
WE ARE SCENE is in no way responsible for declarations or any other administrative formalities that Users are required to complete as a result of using the Services offered by WE ARE SCENE. WE ARE SCENE undertakes to cooperate with administrative authorities in the event of judicial or administrative proceedings brought against a User. Users agree to directly bear the cost of taxes applied to WE ARE SCENE as a result of their use of the Services.
6.5 Penalties for prohibited conduct
Throughout the period of registration on the Platform and for 24 months following the deletion of the User's personal account, the User expressly undertakes:
Not to carry out any identical or similar service, directly or indirectly;
NOT TO SOLICIT DIRECT PAYMENT FROM OTHER USERS IN ORDER TO DELIBERATELY AVOID PAYMENTS OWED TO WE ARE SCENE. IN EITHER CASE, A USER WHO HAS VIOLATED THE ABOVE RULES AUTOMATICALLY UNDERTAKES TO PAY, WITHIN 8 DAYS OF RECEIVING A REGISTERED LETTER WITH ACKNOWLEDGMENT OF RECEIPT THAT DOES NOT RESULT IN ANY CORRECTIVE ACTION FROM THE OFFENDING USER, COMPENSATION OF €5,000 IN ACCORDANCE WITH ARTICLE 1231-5 OF THE FRENCH CIVIL CODE.
Article 7 – Provisions Relating to the Publication of a User's Public Profile
Information automatically transmitted by Users to WE ARE SCENE upon registration via Facebook Connect, LinkedIn Connect, or Google Connect will be published, in whole or in part, on the Site. This information will be accessible to all Users.
Users may complete/edit (i) a brief description and (ii) photographs published on their personal account. Simply providing this information constitutes full acceptance by the User. A User publishing a photograph acknowledges that they must publish a photograph containing no racist, xenophobic, antisemitic, political, or pornographic references.
Users are expressly informed that they have the ability to stop the distribution of Listings and information published on their personal account. Any suspension of distribution will take effect within a maximum of three (3) business days of the Publisher receiving the request, or from the modification of data on the User's account.
The Publisher does not guarantee the truthfulness, integrity, or honesty of information provided by Users and cannot be held liable for false statements made by a User. However, Users may report to the Publisher, via the email address [email protected] or the form available on the Site, any unlawful, illegal content, or content contrary to public order or accepted standards of decency.
The User declares that they are responsible for the content they publish on the Site, it being specified that such content must be free of any rights and must not infringe, in any way, on the rights of a third party. The User releases the Site and its Publisher from any potential third-party claims against them arising from the violation of such rights.
Article 8 – Personal Data Protection
It is noted that, in the event of any conflict with the confidentiality and personal data protection principles set out on the dedicated page, the provisions of that page shall prevail over the provisions set out below.
8.1 Purpose of data collection
Registering on the Site involves the collection, by the Publisher, of certain personal information about Users. Internet users who do not wish to provide the necessary information will not be able to use the Services offered by WE ARE SCENE.
The data collected is necessary for the proper administration of the Services offered on this Site. This data is retained by the Publisher for a period of one (1) year, under secure conditions, in compliance with the provisions of the French Data Protection Act of January 6, 1978.
The User agrees that WE ARE SCENE, informed by a Host offering a Private Space of any decision affecting the conditions of the Experience (such as cancellation, postponement, change of location, damage, etc.), may use the contact details provided by the User as part of their order to inform them of such changes.
8.2 Rights
In accordance with the law and the GDPR, Users have the following rights:
Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completing their data;
Right to restriction or erasure of data (Article 17 GDPR);
Right to withdraw consent at any time (Article 13-2c GDPR);
Right to restriction of data processing (Article 18 GDPR);
Right to data portability (Article 20 GDPR);
Right to object to data processing (Article 21 GDPR);
Right to determine the fate of Users' data after their death.
The data controller is Mr. Charles VERSTUR. CNIL registration number: 1840769.
8.3 IP addresses
The Publisher reserves the right to collect the public IP (Internet Protocol) address of all internet users. This IP address will be collected anonymously and retained for the same period as personal information. The Publisher must provide all personal data relating to an internet user to the Police (upon judicial request) or to any person (by court order).
Article 9 – Provisions Relating to Cookie Collection
9.1 General information – Purpose – Duration
To allow all internet users optimal browsing on the Site and better functioning of the various interfaces and applications, the Publisher may install a cookie on the Member's computer. This cookie stores information related to browsing on the Site (date, page, time), as well as any data entered by internet users during their visit (searches, login, email, password). These cookies are retained on the internet user's computer for a variable period of up to six months.
9.2 Right to object to cookie installation
The User may block, change the retention period of, or delete this cookie via their browser settings (generally: tools or options / privacy or confidentiality). In such a case, browsing on this Site will not be optimized.
9.3 Deleting cookies
The User may also delete cookies previously stored on their computer by going to the relevant menu in their browser (generally, tools or options / privacy or confidentiality).
Article 10 – Liability
10.1 Exclusion/limitation of WE ARE SCENE's liability
Given the nature of the services that may be carried out on the Platform, WE ARE SCENE is not liable for non-performance or improper performance of the Booking, including, without limitation:
A Listing published by the Host on the Site that does not match the Private Space;
Failure by the Host to deliver during confirmed periods;
Destruction of real or personal property belonging to a Host by a Final Client during the Booking.
WE ARE SCENE declares that it has no control over Users and does not control the content of Listings, the legality of Listings, or the behavior of Users. WE ARE SCENE is not liable for violations of laws and regulations by Users in connection with the Services offered by the Site.
As a result of the foregoing, Users expressly waive any right to bring contractual or tort liability action against WE ARE SCENE (i) in the event of damages suffered during use of the Booking, (ii) in the event of violation by the Host of their legal and regulatory obligations, (iii) in the event of false statements by Users, and (iv) more generally, in the event of harmful events affecting either party and/or one or more third parties.
It is stated that information published on the Site by WE ARE SCENE does not in any way constitute commitments on the part of WE ARE SCENE, which is bound only by the provisions of the General Terms. In the event of a criminal complaint or tax audit conducted by French authorities, WE ARE SCENE undertakes to cooperate with the administrative and judicial authorities of each country.
Article 11 – User Liability
11.1 General provisions
Users carry out their activities at their own risk.
11.2 Host/Partner liability
However, WE ARE SCENE expressly reminds Hosts that they must comply with legal and regulatory obligations relating to any establishment open to the public. WE ARE SCENE informs Users of its Services that they are responsible for:
The content of the Listings they publish on the Site;
The proper and good-faith performance of the Booking;
The accuracy of information published in their Listings;
Any harm caused directly or indirectly to WE ARE SCENE (reputational harm, operational harm, etc.) resulting from the total or partial non-performance of a Booking.
In the event of a Claim relating to their Private Space, the Host must file a claim with their insurance policy.
11.3 Final Client liability
WE ARE SCENE informs Final Clients using its Services that they are responsible for:
Damage caused to the Private Space and the furnishings located within it, whether by deliberate act or omission;
Damage caused to third parties in connection with the use of the Private Space;
Damage caused to WE ARE SCENE (reputational harm, operational harm, etc.) due to non-compliance with the rules imposed by the General Terms and the special conditions imposed by the Host.
In the event of damage caused to the Private Space and the Host, the Security Deposit paid at the time of Booking will be paid in whole or in part under the conditions set out in Article 11.3.1 below.
If additional Host services are consumed during the Booking that were not planned at the time of Booking, it is the Host's responsibility to declare them at Check-Out.
11.3.1 In the event the Final Client agrees with the Claim Declaration
The Security Deposit will be paid in whole or in part to the Host if the Final Client agrees with the Claim amount declared by the Host. It is expressly stated that, absent a response from the Final Client within the given timeframe, the Final Client is deemed to have accepted the Claim amount, and the Security Deposit will then be released by WE ARE SCENE to the Host up to the amount of the declared Claim.
The Host's claim is capped at the Security Deposit amount set for their space in the Listing. If the Claim amount exceeds the Security Deposit amount, it is the Host's responsibility to take direct action against the Final Client for additional compensation, as WAS is not liable for acts committed by the Final Client.
The Security Deposit amount may also be claimed by the Host if certain services rendered on the day of the Booking were not paid for.
If the Host decides to withdraw all or part of the Security Deposit to cover unpaid amounts, the amount withdrawn by the host will be deducted from the Security Deposit pool that can be claimed in the event of a Claim.
11.3.2 In the event the Final Client disputes the Claim Declaration
If the Final Client disputes the Claim declared by the Host (liability and/or amount), the Host may (i) decide to cancel their Claim Declaration, (ii) request WE ARE SCENE's assistance, or (iii) request payment of all or part of the Security Deposit.
For assistance and/or a request for payment of the Security Deposit, the Host must provide supporting documentation for the claim, including the check-in and check-out condition reports and any documentation relating to the amount of the Claim (repair or replacement quotes, purchase invoices, dated photographs of the damage at a minimum). Once WE ARE SCENE confirms the file is complete, it will pay all or part of the Security Deposit to the Host.
During its involvement, WE ARE SCENE will make its best efforts to help the Final Client and Host reach an amicable resolution of their dispute.
If WE ARE SCENE notifies the Host that the file is incomplete, the Host will have 15 days to complete their Claim file. If the file remains incomplete after this 15-day period, WE ARE SCENE will return the Security Deposit to the Final Client.
11.4 Billing for additional Host Extras (services)
In the event of additional services (Extras) consumed during a Booking at the Host's, it is the Host's responsibility to declare the additional services consumed and their quantities within the timeframe indicated at Check-out. Once these services are declared, an amendment to the Booking quote is created, and the Final Client must approve it and confirm payment by card or bank transfer for the final invoice to be generated.
If the Final Client does not respond within the given timeframe, the amendment is automatically approved, and the Final Client is automatically liable for the amount of the declared services. In the event of explicit or implicit approval of the additional services, the amount will be charged directly to the Final Client's bank card.
If the Final Client disputes the additional Extra(s) declared by the Host (services and/or amount), the Host may (i) decide to cancel their declaration of additional Extras, (ii) request WE ARE SCENE's assistance, or (iii) invoice all or part of the additional Extras consumed.
For assistance and/or a request to invoice additional Extras, the Host must provide supporting documentation relating to the delivery of an Extra to the Final Client as part of a Booking. Once WE ARE SCENE confirms the file is complete, the Extras are deemed to have been provided, and the final invoice issued by WE ARE SCENE will automatically include the amounts related to the Extras.
If WE ARE SCENE notifies the Host that the file is incomplete, the Host will have 72 hours to complete their file. If the file remains incomplete after this 72-hour period and the Host has taken no action, no additional service will be invoiced.
11.5 Serviced accommodation & Compliance with public establishment regulations
WE ARE SCENE expressly reminds that Hosts may provide their Private Spaces with appropriate resources specified in the corresponding Listing. Final Clients are expressly reminded, when booking a Private Space involving the provision of resources, that:
They only have limited daytime use (as predefined by the Host) of the Private Space;
They have no exclusive rights to the Private Space;
They cannot book a Private Space independently of the resources made available within that Private Space.
Given the foregoing, Hosts are fully and exclusively responsible for any violation of regulations relating to establishments open to the public. WE ARE SCENE disclaims all liability in the event of non-compliance of the Private Space with regulations relating to any Establishment Receiving the Public (ERP). It is expressly noted that Platform Users must comply with rules relating to establishments open to the public, including, for public spaces accommodating fewer than 20 people, the provisions of Articles PE26 and PE27 of the Order of June 25, 1980.
Article 12 – Intellectual Property
All elements making up this Site belong to the Publisher and are protected as such by intellectual property legislation. Internet users therefore acknowledge that, absent authorization, any full or partial copying and any distribution or exploitation of one or more of these elements, even if modified, may result in legal action being taken against them by the Publisher. This protection covers all textual and graphic content on the site, as well as its structure, name, visual identity, logo, and trademark.
Article 13 – Cooperation – Governing Law and Jurisdiction
To facilitate the amicable resolution of any dispute that may arise in connection with the performance of a Booking, Users agree to cooperate with WE ARE SCENE and provide any useful information within a reasonable time in the event of a complaint or claim made by a User following the use of a Private Space.
These General Terms are governed by French law and subject to the exclusive jurisdiction of French courts. The language of the contract is French. Except where public policy provisions apply, any disputes that may arise in connection with the performance of these general terms may, before any legal action, be submitted to the Site Publisher for amicable resolution.
It is expressly noted that requests for amicable resolution do not suspend the deadlines for bringing legal action. The General Terms may be translated into several languages. In the event of a dispute, the French version shall prevail.
In the event of a dispute between the Platform and a User who is a merchant, it is understood that the Paris Economic Affairs Court (Tribunal des Affaires économiques de Paris) shall have territorial jurisdiction.
In accordance with Articles L611-1 et seq. of the Consumer Code, the Final Client or Host — who is a "consumer" as defined in the preliminary article of the Consumer Code — is informed that they have the right to use a consumer mediator free of charge for the amicable resolution of a dispute arising from the performance of a Booking. This procedure is free for the Final Client, confidential, and suspends limitation periods.
Before contacting the mediator, the "Consumer" Final Client or Host must first send their complaint to WE ARE SCENE's Customer Service. If no amicable agreement is reached, the Final Client or Host may then refer the matter to the consumer mediator that WE ARE SCENE falls under, namely:
CNPM Médiation Consommation
27, avenue de la Libération – 92916 Paris La Défense CEDEX
Website: www.cnpm-mediation-consommation.eu