1. Purpose and application
These general terms and conditions of sale (the “GTC”) govern the provision of Flexibook, a registered trademark and online software service (SaaS) published by Devle SASU (“Devle”), 10A petite rue de l'Augerie, 17290 Forges, RCS La Rochelle 909 898 165, intended to be integrated into the website of any professional purchaser to sell packaged stays, accommodation, catering, treatments, add-ons, gift cards and treatment vouchers online.
The “Client” means any professional (center, hotel, restaurant, group) that subscribes to Flexibook to offer bookings to its own customers. The “End Customer” means any person who books or purchases through Flexibook. Flexibook is intended exclusively for professionals; the provisions of the French Consumer Code do not apply.
In accordance with Article L.441-1 of the French Commercial Code, these GTC constitute the sole basis of the business relationship. Any subscription entails their unconditional acceptance; the Client waives the right to rely on its own general terms and conditions. Devle may agree to specific terms in writing, which shall prevail over the GTC solely with respect to the matters they address.
Devle's failure to invoke a provision of the GTC at any given time shall not constitute a waiver of its right to invoke it subsequently. The invalidity of one provision shall not affect the validity of the others.
2. Service description
Flexibook includes a booking flow that can be integrated into the Client's website (packaged stays, accommodation only, dining, treatments, add-ons, gift cards, treatment vouchers), an administration back office (services, prices, inventory, offers, teams and roles, quotes and advisor mode, statistics), online payment collection, automatic sending of confirmations and documents, and connectors to third-party partners.
Two offers are available, described on the Pricing page of flexibook.io, which forms an integral part of the General Terms and Conditions on the date of subscription:
- Performance: a commission on each sale made through Flexibook, a one-time non-refundable activation fee, with no fixed-term commitment, for as many establishments (center, hotel or restaurant) as needed.
- Package: an annual amount per establishment, with no commission or activation fee, with a one-year commitment.
An “Establishment” means each business entity that the Client operates in Flexibook with its own catalog, prices and inventory: a center, hotel or restaurant, regardless of its address. The same location selling treatments, accommodation and dining counts as three Establishments; a group of two hotels counts as two. The number of Establishments is the number declared at subscription, then the number recorded in the back office.
A “sale made through Flexibook” means any order recorded in Flexibook, regardless of the channel: booking flow integrated into the Client's website, direct links, Flexibook portal, quotes prepared by an advisor and paid online or confirmed in the back office, gift cards and treatment vouchers. Sales concluded outside Flexibook (front desk, telephone without a Flexibook quote, third-party platforms) are not concerned.
Both offers provide access to the same features. Their content (features, included services) is that published on the Pricing page on the subscription date. Partner connectors are included in both offers and activated by Devle on request, subject to technical feasibility. With both offers, the Client collects sales either through Stripe, a payment collection intermediary offered by Devle, or through their own payment provider connected to Flexibook, subject to technical feasibility.
3. Subscription and term
Performance offer: subscription takes place online at flexibook.io by paying the activation fee via Stripe, after accepting the General Terms and Conditions by checking a box. The contract is concluded for an indefinite period from service activation; either party may terminate it at any time in writing, free of charge, with one month's notice. The absence of a commitment concerns the service term: the activation fee remains due to Devle and is not refunded in the event of termination, regardless of the date (Article 4).
Package offer: subscription takes place through a quote accepted in writing. The contract is concluded for an initial one-year term from service activation. It is tacitly renewed for successive one-year periods unless either party gives written notice received at least three months before the renewal date.
The Client can check the details of their order and its total price before confirming it (Article 1127-2 of the French Civil Code). Receipt of the order is confirmed by email; the data recorded by Devle constitutes proof of the transactions.
4. Pricing, commission and payment
Activation fees
Dans l'offre Performance, des frais d'activation de 200 € hors taxes sont dus une seule fois, à la souscription, quel que soit le nombre d'établissements. Ils couvrent la création du dossier, l'accompagnement à la mise en place et l'intégration au site du Client. Ils sont définitivement acquis à Devle dès la création du dossier et ne sont pas remboursables, y compris si le Client met fin au contrat sans engagement de l'offre Performance, quelle qu'en soit la date. L'offre Forfait ne comporte pas de frais d'activation.
Sales commission
Dans l'offre Performance, Devle perçoit en contrepartie du service une commission de 2 % hors taxes du montant total de chaque commande réalisée par Flexibook, quel que soit le mode d'encaissement choisi par le Client. L'offre Forfait ne comporte aucune commission.
The commission applies to the total price displayed in the Flexibook order summary, including when the End Customer pays only a deposit, and even if the stay does not take place. Discounts granted after the order do not result in a recalculation. Gift cards and treatment vouchers are subject to commission when sold, not when used.
Annual package
Dans l'offre Forfait, le Client règle 10 000 € hors taxes par établissement et par an. Le forfait est facturé à l'activation du service puis à chaque échéance annuelle, et payable par virement à 30 jours. Un établissement ajouté en cours d'année est facturé au prorata de la période restant à courir jusqu'à l'échéance.
Payment fees
With Stripe, Devle acts as a payment collection intermediary and never as a merchant: it collects payments from End Clients and pays the sales out to the Client. Fees charged by Stripe, according to its current public pricing, are recharged to the Client at cost, without markup, and deducted from each payout; they remain due for a refunded or disputed payment, as Stripe retains them. Under the Performance offer, the commission is also deducted from each payment, even partial payments, before payout.
With the Client's payment provider (for example, Axepta BNP Paribas), that provider's fees remain the Client's responsibility. Under the Performance offer, the commission is then invoiced monthly based on sales recorded in Flexibook, payable within 30 days.
Changes to prices
The applicable prices are those in force on the subscription date, net and excluding taxes. They are guaranteed for the current annual period. Any change is notified to the Client at least one month before it takes effect; the Client may then terminate the contract within one month of the notification, failing which the new price shall apply for the continuation of the contract.
Late payment
Any amount not paid by its due date shall automatically incur late-payment penalties calculated at the European Central Bank rate plus ten percentage points, as well as a fixed recovery fee of €40 (Articles L.441-10 and D.441-5 of the French Commercial Code). Late payment makes all amounts due immediately payable and authorizes Devle, after a formal notice has remained ineffective for eight days, to suspend the service.
5. Provision and availability of the service
The service is opened as soon as payment of the activation fee is validated (Performance offer) or the quote is accepted (Package offer); going live on the Client's website depends on the content and access provided by the Client. Devle provides support by email and telephone during business hours, as well as 24/7 infrastructure monitoring and intervention, with daily backups, replication and a business continuity plan.
Devle targets service availability of 99.5% per month, excluding scheduled maintenance announced at least 48 hours in advance and carried out, wherever possible, outside peak hours. A delay in delivery or unavailability shall not entitle the Client to compensation; unavailability attributable to Devle lasting more than 72 consecutive hours entitles the Client to request termination of the contract, with reimbursement of amounts paid pro rata for the unused period.
6. Obligations and liabilities
Client Content: the Client is solely responsible for administering, managing and updating the content, images, prices, inventory, availability, cancellation terms and promotional information disseminated through Flexibook. The Client warrants that it holds the necessary rights to such content and that it complies with applicable laws (competition, advertising, privacy and consumer law applicable to its own customers). The Client shall indemnify Devle against any third-party claim in this respect.
Devle is subject to an obligation of means. It does not guarantee that the service will be compatible with every website or browser, or that it will perfectly meet the Client's needs. Devle acts solely as a technical intermediary between the Client and its End Customers; it is not a party to the stay contracts and cannot be held liable in a dispute between them.
Devle shall not be liable for indirect or non-material damage (loss of turnover, data or opportunity, damage to reputation), or for malfunctions of third-party tools used by Flexibook (payment providers, machine translation, artificial intelligence, connected partners). Except in cases of gross negligence or willful misconduct, Devle's liability is limited, for all causes combined, to the amount excluding taxes received from the Client during the twelve months preceding the event giving rise to the liability.
The Client undertakes to secure its users' access to the back office, assign each user the appropriate role and inform Devle without delay of any suspicious access.
7. Force majeure
Neither party shall be liable for a failure resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code, including natural disasters, strikes, civil unrest, acts of terrorism, communication network failures or government decisions. Payment obligations shall not be suspended. If the impediment lasts for more than two months, either party may terminate the contract without compensation.
8. Termination, cancellations and refunds
The Client freely determines its cancellation and refund terms vis-à-vis End Customers, as well as the options offered (cancellation insurance, deposit). An End Customer's booking is considered a service rendered by Flexibook: Devle retains its commission in the event of cancellation or refund, except in the event of a technical error attributable to Flexibook.
In the event of a payment dispute (chargeback) by an End Client, the Client remains liable to Devle for the reversed amount, the commission where applicable, payment fees and dispute fees charged by Stripe.
Devle may terminate the contract without notice or refund in the event of a breach of the GTC, illegal or fraudulent activity or activity contrary to public decency, or persistent non-payment after formal notice. In the event that Devle ceases its activity, the contract shall end with one month's notice and amounts paid in advance shall be refunded pro rata.
At the end of the contract, regardless of the reason, the Client may export its data from the back office for thirty days; Devle shall then delete it, subject to its legal data-retention obligations.
9. Intellectual property and references
All intellectual property rights in Flexibook (software, interfaces, documentation and trademark) belong to Devle. The contract grants the Client a personal, non-exclusive and non-transferable right to use Flexibook for the duration of the contract and solely for its own needs. The Client remains the owner of its content and data.
Unless Devle has given its prior written consent, the Client shall not, directly or through a third party, reproduce, adapt or imitate all or part of Flexibook (software, interfaces, user journeys, documentation) for the purpose of designing or operating a similar or competing service, or extract Flexibook interfaces, content or data by automated means (robots, scripts, website scrapers, agents or artificial intelligence tools), including for training or feeding an artificial intelligence model. Only the exports, interfaces and connectors provided by Devle allow automated access to the Client's data. These prohibitions apply within the limits of the rights granted to a legitimate user by Articles L.122-6-1 and L.342-3 of the French Intellectual Property Code. Any breach constitutes a serious violation justifying termination under Article 8, without prejudice to any action for infringement or unfair competition.
The Client authorizes Devle to disseminate the content it publishes in Flexibook (texts, images, logos and services) on flexibook.io and its portals for operational, promotional and search-engine-optimization purposes, and to mention its name and logo as a commercial reference, unless the Client objects in writing.
10. Machine translation and artificial intelligence
Flexibook offers automatic translations and assistance features (content enhancement, intelligent advisor) based on third-party artificial intelligence services, including OpenAI. In this context, the Client's public content (service descriptions, terms and practical information) may be transmitted to these services; no personal data of End Customers is transmitted to them.
Translations and responses produced may be inaccurate or incomplete. The Client checks the texts before publication, particularly service descriptions, booking and cancellation terms, promotional information and legal notices. Devle disclaims all liability for errors made by these tools. The included annual translation volume is indicated on the Pricing page and may change.
11. Appendix: data protection
The parties comply with Regulation (EU) 2016\/679 (GDPR) and the amended French Data Protection Act.
Client data (prospects, contacts, back-office users)
Devle processes, as data controller, the data of the Client's representatives and users (surname, first name, position, business e-mail and telephone number, connection logs) for the performance of the contract, billing, support and compliance with its legal obligations. They are retained for the duration of the business relationship, plus five years for the purposes of the commercial limitation period, and are not transferred outside the European Economic Area. Data subjects may exercise their rights (access, rectification, erasure, objection, restriction, portability and post-mortem directives) via the contact form on flexibook.io, and may lodge a complaint with the CNIL (3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07).
End Customer data: Devle as processor (GDPR Article 28)
For End Customer data processed by Flexibook (identity, contact details, participants, booking and purchase details, payment history, gift cards), the Client is the data controller and Devle is the processor. Devle undertakes to:
- process this data only to provide the service and on the Client's documented instructions, these GTC and the back-office configuration constituting such instructions;
- host and back it up in France, with Datacampus SAS (Niort), without transfer outside the European Union and without subsequent outsourcing abroad;
- use other subsequent processors (transactional e-mail delivery, document generation, payment providers chosen by the Client) only with equivalent safeguards, with the up-to-date list provided upon request, and the Client being entitled to object in writing to any new processor;
- ensure confidentiality: only authorized Devle personnel may access the data for support and maintenance purposes;
- implement the security measures described in Article 5 (encryption of communications, role-based access control, logging, backups and recovery plan);
- assist the Client in responding to requests to exercise data subjects' rights and with its security, impact assessment and notification obligations;
- notify the Client of any data breach within 48 hours of its discovery;
- at the end of the contract, return the data to the Client (export from the back office) and then delete it within thirty days, except where retention is legally required;
- make available to the Client the information necessary to demonstrate compliance with these obligations and allow an audit, at the Client's expense, no more than once a year and with thirty days' notice.
The Client warrants that it has a legal basis for the entrusted processing activities, that it informs its End Customers (through its website privacy policy and booking terms) and that it sends Devle instructions compliant with applicable regulations. Payment providers (Stripe or the provider chosen by the Client) process card data under their own responsibility; Devle never has access to it.
12. Amendments, applicable law and jurisdiction
Devle may amend the GTC at any time; the GTC applicable to an order are those in force on its date, and the up-to-date version is always available on flexibook.io. Changes to prices are governed by Article 4.
These GTC and the transactions arising from them are governed by French law, excluding any conflict-of-laws rules. The application of Article 1223 of the French Civil Code is excluded. In the event of translation, only the French text shall prevail. The parties shall seek an amicable solution before taking any action.
Any dispute relating to the formation, validity, performance, termination or consequences of these GTC shall fall within the exclusive jurisdiction of the courts of La Rochelle (France), including in interim proceedings, petition proceedings, incidental claims, third-party proceedings or cases involving multiple defendants.
13. Contact
For any question or complaint: Devle SASU, 10A petite rue de l'Augerie, 17290 Forges, +33 979 239 897, or the contact form on flexibook.io.