Terms and Conditions of Sale
1. Application
These General Terms of Sale (hereinafter “GTS”) govern the use of Flexibook (registered trademark), a SaaS service developed by Devle, intended to be integrated into the websites of any professional purchaser to offer booking services for stays, accommodation, catering, as well as the upselling of options.
The term “Client” means any entity that integrates Flexibook to offer bookings to its end customers.
The term “End Customer” means any end user who makes bookings via Flexibook.
In accordance with article L.441-1 of the Commercial Code, these GTS constitute the sole basis of any commercial negotiation with the Client.
By placing an order the Client unreservedly accepts these GTS, which the Client declares and acknowledges having previously received and read. The Client therefore waives the right to invoke any conflicting documents, including its own general terms and conditions, which will be unenforceable against Devle unless Devle has expressly accepted their application.
The Client cannot make Devle waive all of its GTS. Devle nevertheless reserves the right to derogate from certain clauses of these GTS depending on negotiations with the Client, by establishing special conditions. The GTS will apply to all points not conflicting with these special conditions, without those conditions needing to expressly refer to them.
Devle's failure at any time to invoke any clause of these GTS shall not be construed as a waiver to invoke the same clause at a later date.
The invalidity of one or more clauses of these GTS shall not affect the validity of the remaining clauses which shall remain in force and retain their full effect.
2. Service Description
Flexibook is offered in three subscriptions: STANDARD, PREMIUM, and MULTI, adapted to the needs of various establishments such as thalassotherapy centers, theme parks, and holiday centers.
3. Orders
Sales are only final after express written acceptance of the Client's order by Devle, evidenced by an acknowledgement of receipt from Devle, or online upon completion of payment.
Placing an order implies entering into a subscription contract of at least one year. The subscription is automatically renewed at the end of each annual period, unless the Client submits a written request at least 3 months before the renewal date.
For orders placed exclusively online, an order is recorded on Devle's site when the Client accepts these GTS by checking the box provided and validates their order. The Client may review the order details, total price and correct any errors before confirming acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all these General Terms of Sale and constitutes proof of the sales contract.
The acknowledgement and acceptance of the order are confirmed by sending an email.
The data recorded in Devle's IT system constitute proof of all transactions concluded with the Client.
4. Prices and Payment Terms
Prices: Flexibook is provided to the Client at Devle's rates in force on the date the order is placed. Prices are net and exclusive of tax. The details included in each subscription are available on flexibook.io.
Prices cannot be changed for a period of 1 year.
Any price increase not foreseen at the time of order will be notified to the Customer with a minimum notice of 1 month before it takes effect. Within 1 month of receipt of this notification, the Customer may freely cancel their subscription.
Otherwise, the price change will be deemed accepted and will apply to the continuation of the subscription.
Discounts and Rebates: The Client may benefit from price reductions, discounts and rebates, depending on conditions related to 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 to the total price of the stay, even in the case of a deposit (down payment) by the end customer, and even if the stay is not completed. Only the total shown 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 Client must pay back 6% of all bookings.
These commissions will be directly deducted from amounts paid by the end Customer. They notably include fees inherent to the solution, such as banking commissions, automatic translation, AI, server and managed services, maintenance and future developments. The commission rate is set at 6% publicly but may be modified following commercial negotiations.
Payment: The end customer pays for the service through a third-party payment processor. The commission will be automatically deducted from the payment, even if partial.
Flexibook handles, via a third-party payment processor, the payment of the relevant service for and on behalf of the Clients (Flexibook never acts or operates as a merchant).
The payment is then transferred to the Client via the same third-party payment processor. Any payment that Devle processes for end customers and transfers to the Client constitutes in each case the final settlement of the price due on behalf of the Client for the corresponding service, minus the commission, and the end customer may not request a refund from Devle for this amount.
Payment term: The price is payable annually under the conditions specified on the invoice to the Client and/or on the commercial website.
Late payment penalty: Late payment penalties are due if payment is made after the payment deadlines stated on the invoice.
In case of late payment of amounts due by the Client whose payment date appears on the invoice, late payment penalties equal to 10% of the total price including tax shown on the invoice will automatically and by right be acquired by Devle, without any formalities or prior notice.
Furthermore, late payment will make all amounts due to Devle immediately payable, without prejudice to any other action Devle may be entitled to take against the Client.
In case of non-compliance with the above payment terms, Devle also reserves the right to suspend the provision of Flexibook and/or reduce or cancel any discounts granted to the Client.
5. Service Delivery Terms
The service requested by the Client is provided upon conclusion of the subscription, once payment has been validated by the banking system.
This time frame is not binding and Devle cannot be held liable to the Client for delays in providing Flexibook not exceeding 72 hours. In case of a delay exceeding 24 hours, the Client may request cancellation of the sale. Any deposits already paid will then be returned.
6. Liabilities - Warranty
Content Management by the Client: The Client is fully responsible for administering, managing and updating content, images, prices, and availabilities displayed via Flexibook on their website. This includes, but is not limited to, any service descriptions, pricing and promotional information.
Content Legality: The Client undertakes to ensure that content published by its intermediary on Flexibook complies with applicable laws, respects intellectual property rights and does not violate any applicable rules or regulations (including laws on unfair competition, misleading advertising, and privacy). The Client agrees to indemnify and hold Devle harmless from any claim or demand (including reasonable legal fees) made by a third party arising from the use of illegal or unauthorized content on its site via Flexibook.
Usage Rights by the Client: The Client must ensure they have the necessary rights to use all texts, images, and other content they publish on Flexibook, and that they have obtained all required authorizations regarding copyrights, trademarks, or other intellectual property rights.
Disclaimer of Warranties: Devle provides no commercial warranty. Devle does not guarantee compatibility with the Client's website. Devle does not warrant that the service will perfectly meet Clients' needs. Devle is only subject to an obligation of means, in accordance with legal provisions. In any event, Devle acts only as an intermediary between the Client and its End Customer via its software. Devle cannot be held liable in case of a dispute between the Client and the End Customer.
Limitation of Damages: In no event shall Devle be liable for any indirect and/or immaterial damage including, but not limited to, loss of revenue, data loss, loss of profit, loss of opportunity, or loss of production and operation resulting from the use of or inability to use Flexibook, even if Devle has been informed of the possibility of such damages. Devle shall not be liable for malfunctions or responses provided by third-party tools, notably artificial intelligence or automatic translation tools used for Flexibook's operation.
In any event, except in cases of gross negligence or willful misconduct, Devle's liability is strictly limited, regardless of the causes, subject matter or basis of the claim, to the pre-tax price.
No 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 Client data.
In any case, Devle shall not be required to repair damages that the Client could or should have avoided by taking all reasonably diligent measures.
7. Force Majeure
Devle will not be liable for delays or failures to perform its obligations if such delays or failures result from a case of force majeure, as defined by article 1218 of the Civil Code, whether these events occur at Devle or at the Client. In addition to cases usually recognized under French law and jurisprudence, force majeure includes, but is not limited to, natural disasters, strikes, civil unrest, acts of terrorism, communication network failures, and governmental decisions.
No provision of this clause shall affect payment obligations.
This clause shall survive the termination of the subscription for whatever reason or basis.
8. Cancellations and Refunds
The Client will be free to offer options to the End Customer which may include the possibility to cancel the booking with full or partial refund or the subscription to cancellation insurance as paid or free options.
However, the booking by the End Customer is considered a service rendered by all included entities. Consequently, Flexibook will in any case retain its commission.
If the End Customer disputes a payment, the Client will be required to pay the amount deducted from Flexibook, as well as any commissions and bank fees applied.
Flexibook reserves the right to terminate the subscription without notice in case of violation of these GTS by the user, or in case of illegal, immoral or criminal activities. In such cases, no refund will be granted.
If Flexibook were to cease its activities, the subscription would be refunded pro rata for the elapsed period, 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 Client.
10. Personal data
The Parties undertake to comply with applicable regulations on the protection of personal data, in particular the EU General Data Protection Regulation, known as the “GDPR”, of the European Parliament and Council of 27 April 2016, as well as law n°78-17 of 6 January 1978, known as the “Data Protection Act”, as amended.
In the course of discussions (presentation, negotiation, offer) with the Client on Flexibook, Devle collects personal data of the Client's representatives and commercial contacts, namely: first name, last name, telephone and professional email address.
This data is subject to computerized processing carried out by Devle. It is recorded in its client file and is necessary for the performance of its contractual obligations as well as compliance with its legal and regulatory obligations.
Devle undertakes to respect the confidentiality of this personal data, to process and store it in accordance with applicable regulations, and in any event, for the duration of the commercial relationship with the Client, extended by five (5) years from its termination for any reason, for the purposes of applicable limitation periods in commercial matters.
The personal data collected is intended for Devle, the Data Controller, and its employees authorized to process it according to their functions and for the purposes mentioned above. They are not disclosed to third parties, except when necessary for the execution of the order and/or the contract.
They are not transferred outside the European Economic Area (EEA). If the data is to be transferred outside the EEA, the Customer will be informed and the safeguards taken to secure the data will be specified.
Data subjects have all the rights provided by the French Data Protection Act and by Article 15 of the GDPR, namely the right of access, right to rectification, right to erasure, right to object, right to restriction, right to portability, and the right to set advance directives on the fate of post-mortem data.
To exercise the aforementioned right(s), please contact Devle via the online form, accompanied by a valid identity document of the data subject.
The data subject 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 utilise les solutions d'OpenAI pour proposer des traductions automatisées, service inclus dans le plan PREMIUM et MULTI. Bien que cette technologie permette de faciliter la gestion multilingue, il est important de noter que les traductions fournies peuvent être erronées ou incomplètes.
It is the customer's responsibility to verify and ensure the accuracy of the translations provided, particularly in the following cases:
Service descriptions: Information about the services offered must be accurate and understandable to avoid any confusion or dissatisfaction from end customers.
Booking conditions: Reservation, 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 the terms and benefits are clearly understood.
Legal texts: Any legal notice or contractual condition 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 limits may change in the future.
Devle disclaims all liability in the event of errors or omissions in translations performed. Customers are encouraged to use professional translators to verify critical texts to ensure their accuracy and suitability for the specific needs of their 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 may provide OPENAI with the client's public content to train the intelligent advisor.
In any event, Devle cannot guarantee the accuracy of the information provided by the intelligent advisor and cannot be held responsible for any erroneous responses.
12. Changes to the T&Cs
Devle reserves the right to modify the Terms and Conditions at any time. In the event of a modification, the Terms and Conditions applicable are those in force on the date of the order. The applicable version is always accessible on flexibook.io.
13. Applicable law
These Terms and any sales operations arising from them are exclusively subject to French law, to the exclusion of any other law and any rules of conflict of laws.
The application of Article 1223 of the Civil Code is expressly excluded.
In the event of disputes, the Parties will endeavour to find an amicable solution.
If any provision of this contract is held invalid or unenforceable by a competent authority, the other provisions of this contract will remain fully in force and effective. The parties then agree to replace the invalid provision with another that most closely reflects the original intent of the contract.
In the event these Terms are translated into one or more languages, only the French text shall prevail in case of dispute.
14. Jurisdiction clause
ALL DISPUTES TO WHICH THESE GENERAL TERMS AND CONDITIONS OF SALE MAY GIVE RISE, RELATING TO THEIR FORMATION, VALIDITY, PERFORMANCE, TERMINATION, CONSEQUENCES AND AFTERMATH, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF LA ROCHELLE, FRANCE, EVEN IN THE CASE OF SUMMARY PROCEEDINGS, PETITION PROCEDURES, INCIDENTAL CLAIMS, THIRD-PARTY CLAIMS OR MULTIPLE DEFENDANTS.
15. References
By uploading content in the admin panel, the Customer authorizes the publication of all such content, images, logos and other data of which they are the owner on flexibook.io for operational, promotional and SEO purposes.
16. Contact
For questions or complaints, please contact our customer service on our website: flexibook.io