Terms and Conditions of Sale
1. Application
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") govern the use of Flexibook (registered trademark), a SaaS service developed by Devle, designed to be integrated into the websites of any professional buyer to offer stay, accommodation and catering reservation services, as well as the additional sale of options.
The term "Customer" refers to any entity that integrates Flexibook to offer reservations to its end customers.
The term "end customer" refers to any end user who makes reservations via Flexibook.
In accordance with article L.441-1 of the French Commercial Code, these General Terms and Conditions are the sole basis for all commercial negotiations with the Customer.
The fact that the Customer places an order implies his unreserved acceptance of these General Terms and Conditions of Sale, which the Customer declares and acknowledges to have read and understood beforehand. The Customer hereby waives the right to invoke any contradictory documents, in particular its own general terms and conditions, which shall be unenforceable against Devle, unless Devle has expressly accepted their application.
The Customer may not waive all of Devle's GCS. Devle nevertheless reserves the right to derogate from certain clauses of these GTC, depending on the negotiations conducted with the Customer, by establishing special conditions. The GTCS will apply to all points not contradictory to these special conditions, without the need to refer expressly to them.
The fact that Devle does not avail itself at a given time of any of the clauses of these GTC shall not constitute a waiver of its right to avail itself of the same clauses at a later date.
The invalidity of one or more clauses of these GTC shall not affect the validity of the other clauses, which shall remain in full force and effect.
2. Service description
Flexibook is available in three subscriptions: STANDARD, PREMIUM and MULTI, adapted to the needs of different establishments such as thalassotherapy institutes, theme parks and vacation resorts.
3. Orders
Sales are perfected only after Devle's express written acceptance of the Customer's order, materialized by an acknowledgement of receipt from Devle, or by Internet directly at the conclusion of payment.
Placing an order implies the conclusion of a subscription contract for a minimum period of one year. The subscription is renewed tacitly at the end of each annual period, unless the Customer submits a written request at least 3 months before the renewal date.
For orders placed exclusively on the Internet, the registration of an order on the Devle site is completed when the Customer accepts these GTC by ticking the appropriate box and validates the order. The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the French Civil Code). Confirmation implies acceptance of these General Terms and Conditions of Sale in their entirety, and constitutes proof of the sales contract.
Acceptance of the order is confirmed by e-mail.
The data recorded in Devle's computer system constitutes proof of all transactions concluded with the Customer.
4. Rates and terms of payment
Prices: Flexibook is supplied to the Customer at Devle's prices in force on the day the order is placed. Prices are net and exclusive of tax. The details included in each subscription are available on flexibook.io.
Rates cannot be changed for 1 year.
The customer will be notified of any price increase not provided for when the order is placed, with at least 1 month's notice before it comes into effect. Within 1 month of receiving this notification, the customer may freely cancel his subscription.
Failing this, the price change will be deemed accepted and will apply to the continuation of the subscription.
Discounts and rebates: The customer may benefit from price reductions, discounts and rebates, depending on the timing and/or frequency of orders.
Special offers are limited and may be modified or withdrawn by Devle at any time without notice.
Commissions: The commission is a percentage applied on the total price of the stay, even in the case of payment of a deposit by the final customer, and even if the stay is not carried out. Only the total displayed on the Flexibook order summary is taken into account. Any special offers or discounts applied after the order has been placed cannot be used to recalculate the commission.
The customer must pay 6% of all bookings.
These fees will be deducted directly from the amounts paid by the end customer. They include, in particular, costs inherent to the solution, such as banking, machine translation, AI, server and facilities management, maintenance and future upgrades. The amount of commissions is fixed at 6% of the public price, but may be modified following commercial negotiations.
Payment: The end customer pays for the service via a third-party payment processor. The commission will be automatically deducted from even a partial payment made by the Customer.
Flexibook handles, via a third party payment processor, the payment of the service concerned for and on behalf of the Customers (Flexibook never acts or operates as a merchant).
Payment is then made to the Customer via the same third-party payment processor. Any payment that Devle handles for End Customers and transfers to the Customer constitutes in each case the final settlement of the fee due on behalf of the Customer for the corresponding service, in addition to the commission, and it will not be possible for the End Customer to request a refund of this sum from Devle.
Payment terms : The price is payable annually according to the conditions specified on the invoice to the Customer and/or on the commercial site.
Late payment penalties: Late payment penalties are due in the event of payment after the payment deadlines stated on the invoice.
In the event of late payment of the sums due by the Customer and for which the payment date appears on the invoice, late payment penalties amounting to 10% of the amount inclusive of tax of the price appearing on the invoice will be automatically and by right acquired by Devle, without any formality or prior formal notice.
In addition, late payment will result in the immediate payment of all sums owed to Devle by the Customer, without prejudice to any other action that Devle may be entitled to take against the Customer in this respect.
In the event of non-compliance with the above payment conditions, Devle also reserves the right to suspend the supply of Flexibook and/or to reduce or cancel any discounts granted to the Customer.
5. How the Service is provided
The service requested by the Customer is provided as soon as the subscription is concluded, once payment has been validated by the banking system.
This period does not constitute a strict deadline and Devle cannot be held liable to the Customer in the event of a delay in the supply of Flexibook not exceeding 72 hours. In the event of a delay of more than 24 hours, the Customer may request the cancellation of the sale. Any deposits already paid will then be refunded.
6. Responsibilities - Warranty
Content management by the Customer: Customer is entirely responsible for the administration, management and updating of content, images, pricing, and availability displayed via Flexibook on their website. This includes, but is not limited to, all service descriptions, pricing and promotional information.
Legality of Content: The Customer undertakes to ensure that the content published by him/her on Flexibook complies with the laws in force, respects intellectual property rights and does not violate any applicable rule or regulation (including laws relating to unfair competition, false advertising and the right to privacy). The customer agrees to indemnify and hold Devle harmless from any claim or demand (including reasonable legal fees) made by any third party arising from the use of illegal or unauthorized content on its site via Flexibook.
Rights of Use by the Customer : The customer must guarantee that he possesses the necessary rights to use all texts, images, and other content that he publishes on Flexibook, and that he has obtained all required authorizations concerning copyrights, trademarks, or other intellectual property rights.
Exclusion of Warranties : Devle does not provide any commercial warranty. Devle does not guarantee compatibility with the Customer's website. Devle does not guarantee that the service will perfectly meet the Customer's needs. Devle is only bound by an obligation of means, in accordance with legal provisions. In any case, Devle acts only as an intermediary between the Customer and the end Customer via its software. Devle cannot be held liable in the event of a dispute between the Customer and the end Client.
Limitation of Damages: In no event shall Devle be liable for any indirect and/or consequential damages including, but not limited to, loss of revenue, loss of data, loss of profit, loss of opportunity or loss of production and operations, arising out of the use of or inability to use Flexibook, even if Devle has been advised of the possibility of such damages. Devle cannot be held responsible for malfunctions or responses provided by third-party tools, in particular artificial intelligence or machine translation tools, which are useful for the operation of Flexibook.
In any event, except in the case of gross negligence or fraud, Devle's liability is strictly limited, whatever the cause, object or basis of the claim, to the price excluding VAT.
Prohibition of Indemnification: No indemnity, refund or compensation will be due by Devle as a result of system failure, booking errors, service interruptions due to maintenance or updates, or problems resulting from the use of Customer data.
In any event, Devle is not liable for damages that the Customer can or could have avoided by taking all reasonable and diligent measures.
7. Force Majeure
Devle shall not be liable for delays or failures to meet its obligations if the delays or failures result from an event of force majeure, as defined by Article 1218 of the French Civil Code, whether such events occur at Devle or at the Customer. In addition to the cases usually recognized by French law and jurisprudence, the following are deemed to be cases of force majeure: natural disasters, strikes, civil unrest, acts of terrorism, communication network failures, government decisions.
Nothing in this clause shall affect payment obligations.
This clause shall survive the termination of the subscription, whatever the cause or basis thereof.
8. Cancellations and refunds
Customers may request a refund for the first year of their subscription if they are not satisfied, provided they notify us in writing within one month of the end of the first year. Sales commissions are non-refundable. In this case, it will no longer be possible for the customer to take out a new subscription, except with the exclusive agreement of Devle.
After the first year, cancellations are possible but will not result in any refund.
The customer is free to offer options to the end customer, which may include the possibility of cancelling the booking with a full or partial refund, or taking out cancellation insurance in the form of paid or free options.
However, booking by the end customer is considered as a service rendered by all included entities. Consequently, Flexibook will in any case retain its commission.
In the event that the end customer objects to a payment being made, the customer will be obliged to pay Flexibook the amount withdrawn, as well as any commissions and bank charges applied.
Flexibook reserves the right to terminate the subscription immediately in the event of violation of these GTC by the user, illegal, immoral or criminal activities. In such cases, no refund will be granted.
Should Flexibook cease its activities, the subscription will be reimbursed on a pro rata basis for the period elapsed, with one month's notice.
9. Intellectual Property
All intellectual property rights relating to Flexibook belong to Devle. Use of the service does not transfer any intellectual property rights to the Customer.
10. Personal data
The Parties undertake to comply with the regulations in force regarding the protection of personal data, and in particular the European General Data Protection Regulation, known as the "GDPR", of the European Parliament and Council of April 27, 2016, as well as Law n°78-17 of January 6, 1978, known as the "Loi Informatique et Libertés", as amended.
In the context of discussions (presentation, negotiation, offer) with the Customer on Flexibook, Devle collects the personal data of the Customer's representatives and sales contacts, i.e. first name, last name, telephone number and business e-mail address.
This data is processed by Devle. It is recorded in its customer file and is necessary for the performance of its contractual obligations and for compliance with its legal and regulatory obligations.
Devle undertakes to respect the confidentiality of this personal data, and to process and store it in compliance with the regulations in force, and in any event for the duration of the commercial relationship with the Customer, increased by five (5) years as of its termination for any reason whatsoever, for the purposes of the limitation periods applicable in commercial matters.
The personal data collected is intended for Devle, the Data Controller, and its employees authorized to process it by virtue of their functions and for the aforementioned purposes. It will not be communicated to third parties, unless necessary for the execution of the order and/or contract.
Data is not transferred outside the European Economic Area (EEA). If the data is transferred outside the EEA, the customer will be informed and the guarantees taken to secure the data will be specified.
The persons concerned by the processing implemented have all the rights provided for by the Data Protection Act and by Article 15 of the RGPD, namely right of access, right of rectification, right to erasure, right of opposition, right of limitation, right to portability, right to define advance directives on the fate of post-mortem data.
To exercise the aforementioned right(s), please contact Devle via the online form, accompanied by valid proof of identity of the person concerned.
The person concerned may lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), located at 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 - Tel: 01.53.73.22.22.
11a. Automatic Translation
Flexibook uses DeepL solutions to provide automated translations, a service included in the PREMIUM and MULTI plans. Although this technology facilitates multilingual management, it is important to note that the translations provided may be erroneous or incomplete.
It is the customer's responsibility to verify and ensure the accuracy of the translations provided, particularly in the following cases:
Service descriptions: Information on the services offered must be precise and comprehensible to avoid any confusion or dissatisfaction on the part of end customers.
Booking conditions: Booking, cancellation and refund policies must be clearly communicated to comply with local regulations.
Promotional information: Special offers and promotions must be correctly translated to ensure that conditions and benefits are clearly understood.
Legal texts: All legal notices and contractual conditions must be checked to ensure compliance with local and international laws.
Limitation and cost: the Premium and Multi plans include a maximum of 1,000,000 characters translated per year. These limitations may change in the future.
Devle accepts no responsibility for errors or omissions in translations. Customers are encouraged to use professional translators to check critical texts for accuracy and suitability for their specific target markets.
11b. Artificial Intelligence
Devle uses OPENAI (ChatGPT) to provide an artificial intelligence service (content improvement and correction, intelligent advisor...). In this context, Devle is required to provide OPENAI with the customer's public content in order to train the intelligent advisor.
In any case, Devle cannot guarantee the accuracy of the information provided by the intelligent advisor and cannot be held responsible for any incorrect answers.
12. Changes to the GTC
Devle reserves the right to modify the GTC at any time. In the event of modification of the GTC, the applicable GTC are those in force at the date of the order. The applicable version is always accessible on flexibook.io.
13. Applicable law
These General Terms and Conditions and all sales transactions arising from them are governed exclusively by French law, to the exclusion of all other laws and rules of conflict of laws.
The application of article 1223 of the French Civil Code is expressly excluded.
In the event of disputes, the Parties will endeavor to find an amicable solution.
If any provision of this contract is found by any competent authority to be invalid or unenforceable, the remaining provisions of this contract shall remain in full force and effect. The parties then agree to replace the invalid provision by another that comes closest to the original intention of the contract.
In the event that these GTC are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
14. Jurisdiction clause
ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE GENERAL TERMS AND CONDITIONS OF SALE SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF LA ROCHELLE, FRANCE, EVEN IN THE EVENT OF AN ACTION ON THE MERITS, A PETITION, AN INCIDENTAL CLAIM, A THIRD-PARTY CLAIM OR A PLURALITY OF DEFENDANTS.
15. References
By uploading content to the administration panel, the Customer authorizes the distribution of all such content, images, logos and other data of which he is the owner on flexibook.io for operating, promotional and referencing purposes.
16. Contact
If you have any questions or complaints, please contact our customer service department at : flexibook.io