Terms & Conditions

By signing up for the Smily service (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”) of BookingSync company (“Company”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: https://smily.com/en/terms-of-service. The Company reserves the right to update and change the Terms of Service by posting updates and changes to the Smily website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Account Terms

  • You must be 18 years or older to use this Service.
  • You must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process.
  • You are responsible for keeping your password secure. The Company cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  • You may not use the Smily service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of France.
  • You are responsible for all activity and content (data, links) that is uploaded under your Smily account.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any of the Account Terms as determined in the sole discretion of the Company will result in an immediate termination of your services.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Smily.

  • We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  • The Company does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  • The Company does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  • You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • The Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  • You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  • In no event shall the Company or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BookingSync partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  • Technical support is only provided to paying account holders and is only available via email.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
  • Verbal or written abuse of any kind (including threats of abuse or retribution) of any Smily customer, Company employee, member, or officer will result in immediate account termination.
  • We do not claim any intellectual property rights over the material you provide to the Smily service. All material you upload remains yours. You can remove your Smily account at any time by deleting your account. This will also remove all content you have stored on the Service.
  • By uploading content to Smily.com, you agree to allow other Internet users to view them and you agree to allow Smily to display and store them and you agree that the Company can, at any time, review all the content submitted by you to its Service.
  • You represent and warrant that you have the sole and exclusive right to market, promote, distribute and make the Accommodations available by yourself or through Smily’s distribution partners (Airbnb, Booking.com, HomeAway…).
  • You certify that the rental business you manage in Smily is a legitimate accommodation business with all necessary licenses & permits which can be shown upon first request, and compliant with your local regulations.
  • The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
  • You retain ownership over all content that you submit to a Smily account however, by making your bookings public, you agree to allow others to view your bookings dates and status.
  • The Company does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
  • The Company is a product of SAS BookingSync, company located in Les Chazals, 05100 Névache, France.
  • Questions about the Terms of Service should be sent to legal@bookingsync.com

Payment of Fees

  • The Service will be billed during each online payment and after guests checkout for offline payments. When your billing period is over, Smily users will be sent an invoice via email. As well, an invoice will appear on the account page of your Smily administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only French (federal or provincial) taxes.
  • The Service fee (Smily commission) will be waived for bookings manually created in the Smily calendar (i.e. by you, the customer) and cancelled less than 24 hours after, provided that no payment was recorded on the given booking.
  • The Company does not provide refunds.

Payment gateway

Preamble
BOOKINGSYNC SAS (hereinafter “BOOKINGSYNC”) offers booking management services and facilitates the on-line renting out of apartments and houses by offering their services on platforms on which management is performed. These Terms & Conditions (hereinafter “Vendors’ T&C” or the “T&C”) govern the use by vendors offering their services on the platform offered by BOOKINGSYNC. These T&C constitute an offer of a framework contract for payment services, by which BOOKINGSYNC and EME commit to provide the Vendor with payment services under the conditions defined hereinafter.BOOKINGSYNC is a limited liability company registered at the RCS of GAP under the SIRET number 803 995 265 00011, whose registered office is at Les Chazals, 05100 NEVACHE, FRANCE. BOOKINGSYNC provides payment services on behalf of the CENTRALPAY company, an electronic money institution, approved by the French Prudential Supervisory Authority (Autorité de Contrôle Prudentiel), registered under the number 17138, whose registered office is at 19 rue Edouard VAILLANT – 37000 TOURS, registered under the number 442441630 (hereinafter the “EME”).
CENTRALPAY has appointed BOOKINGSYNC as its agent with a mandate to distribute payment services on its behalf, for which CENTRALPAY holds an agreement, conforming with articles L.523-1 and following of the Monetary and Financial Code.

1. Definitions:
In these T&C, the terms used in capital letters, whether plural or singular, have the meaning as defined hereinafter:

  • “Beneficial Owner”: the legal person or persons who check(s), directly or indirectly, the Customer.
  • “Commission”: amount in Euros corresponding to a percentage of the amount paid by the Traveler as remuneration for the Service.
  • “Bank Account”: deposit or payment account denominated in Euros, opened in the customer’s name on the books of the credit institution, payment institution or an electronic money institution providing payment services, approved for a member state of the European Economic Area.
  • “Customer Account”: virtual space provided by CENTRALPAY, which is accessible by the Customer by means of Identifiers, retracing all Transactions made by CENTRALPAY on behalf of the Customer, payments made by CENTRALPAY and various Operations.
  • “Identifiers”: information allowing the Customer to gain access to his Customer Account, comprising a username and a password.
  • “Platform”: the virtual space in which Customers offer their services to Travelers.
  • “Parties”: BOOKINGSYNC SAS, CENTRALPAY and the Customer designated collectively.
  • “Services”: any service offering (including, for example, stays, accommodation, tourist or leisure activities, etc.) offered by the Customer on the Platform, subject to no objections from BOOKINGSYNC SAS and able to be reserved and/or paid by means of the Payment Service provided by BOOKINGSYNC SAS.
  • “Price”: price including all taxes of the service offering owed by the Traveler to the Customer as a counterparty to a service offering.
  • “Operation”: purchase of a service performed by the Customer to the traveler and paid by means of the Payment Service.
  • “Payment Service” or “Services”: service provided by EP and offered to Customers by BOOKINGSYNC-CENTRALPAY allowing the receipt of the Price of Operations and Services, paid by the Travelers, on behalf of Customers and the potential processing fees due to the Platform’s owners, accessible by means of the Platform and their repayment of deductions made, if necessary, by the Commission.
  • “Transaction”: payment made by a Traveler by means of the Service and received on behalf of the Customer(s).
  • “Private Customers”: legal persons offering Services on the Platform on a non-professional basis (owners of furnished rentals).
  • “Professional Customers”: legal persons of public or private law acting in a professional capacity, offering Services on the Platform (concierge services, real estate agencies, agencies specializing in the rental of furniture, etc.).
  • “Customers”: Private customers and Professional Customers designated collectively.

2. Acceptance of the T&C
The T&C constitute the entire agreement linking BookingSync, CentralPay, EuroOnline and You. The parties are agreed that the clicking on validate is deemed to be subscribing to the T&C governing the provision of Services.

2.1 Creation of a Customer Account
In order to be able to benefit from the Service, the Customer must be an adult, natural or legal person. In order to have access to and use the Service, You must comply with the obligations of the declarations and vetting measures implemented by BookingSync and defined hereinafter. The Customer undertakes to provide exact, honest and complete information and undertakes immediately to update and indicate to BookingSync any changes in circumstances and/or activities. The Customer undertakes to communicate to BookingSync all proofs which are requested from them (during his subscription to the Service, for activation of the Service or from time to time following subscription or upon spot checks on transactions). If BookingSync deems the information provided by the Customer to be insufficient or if this information proves to be false or wrong, BookingSync may reject his subscription or proceed with blocking his customer Account.

2.2 Customer Identification
In order to activate the Service and receive payment, You must activate your Customer Account. To do this, you must upload the supporting documents according to category to the CentralPay platform. For our Private customers, the documents to be provided are as follows: 1. The copy of a valid piece of identity (ID card or passport); 2. The copy of a proof of residence, such as a bill (water, landline telephone, electricity), a rent receipt, stating the complete details of the residence or a Selfie. 3. A copy of the banking information for the bank account into which the relevant funds are to be paid to the Customer. For our Professional customers, those documents to be provided are as follows: 1. A copy of your Company’s Articles of Association validated by its management (including the division of powers), except for publicly-listed companies; 2. An extract from the commercial registry (K-bis in France), dated less than 3 months ago or an extract of the commercial registry translated into French; 3. One copy of a piece of identity for the company’s legal representative, whose name is indicated on the customer’s “K-Bis”; 4. A copy of the banking information for the Bank Account into which the relevant funds are to be paid to the Customer. For our Customers formed as an Association, a copy of the registration number or the Official Journal, a copy of the Articles of Association, as well as one proof of identity and address for the President and the Treasurer of the Association, as well as the details of the Bank Account opened in the Association’s name are to be provided. Once all the required documents have been received, BOOKINGSYNC SAS will proceed with their verification and, if necessary, inform the Customer of his Customer Account being activated. BookingSync and/or CentralPay may, as a matter of right, request the Customer to provide any other additional documents or information in order to allow them to carry out pertinent verifications in regard to their legal obligations, including those of Anti-Money Laundering. You recognize that BookingSync and CentralPay may not be held responsible for potential claims made in the event of a delay in activating the Customer Account. BookingSync and CentralPay reserve full rights in imposing limits upon the amount of each transaction and/or upon the set periods of time. These limits shall be set according to criteria particularly those linked with the risks associated with the Customer’s activities, the information provided by the Customer or arising from legal or regulatory obligations.

2.3 Identification
Once all the required documents have been sent by the Customer and registration has been validated by BookingSync, the Customer may have access to his account by means of his Identifiers. These Identifiers are strictly personal and confidential in nature and should not be communicated or shared with any third parties.

3. Obligations and Responsibilities of BookingSync

3.1 Provision of Services
When the traveler makes a reservation on the platform, he is automatically redirected to the secure payment system chosen by BookingSync for the Payment Service, in order to collect the Price of Services and the payment of fees. BookingSync shall take over processing and collection via the secure payment system accessible through the platform. BookingSync shall inform the Customer immediately of the making of a reservation and shall confirm the payment made by the traveler according to the conditions defined below. BookingSync is responsible to the Customer for the proper recording of transactions on behalf of the Customer, corresponding with any payment duly made. BookingSync undertakes to pay the sums due to the Customer (Service Provision Price net of the amount of Commission) according to the timescales agreed between the parties and, at the latest, one (1) working day after receipt of the Service by the traveler, possibly 1 working day after the end of the traveler’s stay.

3.2 Information statements on transactions
The Customer is informed immediately and automatically via his Customer Account of the operation carried out by the traveler. This statement of operations includes all information regarding the reservation communicated by the traveler at the moment of making his payment and particularly: the traveler’s identity, the amount, the date and time of the transaction, the amount of commission deducted by BookingSync-CentralPay, as well as the potential specific conditions of payment. The information contained in the confirmation email shall be simultaneously published on the Customer Account. The Customer recognizes that the delivery times for the operations report are not the responsibility of BookingSync, which cannot be held responsible for the consequences due to a delay in delivery attributable to third parties, especially the digital and telecommunications network or the Internet Service Provider.

4. Rights and obligations of the customer

4.1 Observance of legal and regulatory obligations
The Customer undertakes to observe the terms and conditions of these T&C, to use the Services in a manner conforming with these T&C and relevant laws and regulations. He undertakes to observe the regulations applicable to his activities. BookingSync reserves the possibility of refusing the subscription and/or discontinue any Customer and/or service provision, which would not conform with relevant laws, regulations and professional rules, with the practices of the sector, with customs and morals or which do not observe certain generally accepted quality standards.

4.2 Responsibility in regard to travelers
If the Customer voluntarily decides to reimburse the traveler with all or part of the price of the Service Provision, he is solely responsible for the sum, the means and the inherent costs of these reimbursement operations and cannot therefore under any circumstances demand from BookingSync any financial or technical contribution to such operations. In any event, BookingSync shall retain the sum of the Commission.

4.3 Protection of travelers’ personal data
In the context of his usage of the Service, the Customer is likely to receive personal data relating to travelers, which he undertakes only to use for the provision of Services and in a manner conforming with the relevant contractual documents between the Customer and the traveler. In particular, the Customer undertakes to ensure the confidentiality of such data and not to divulge it to third parties, except in the case when the traveler has given his explicit consent. In a general manner, the Customer declares that the use of personal data collected via the Service conforms in the manner of regulation in force, relating to the protection of personal data.

4.4 Tax obligations
The Customer retains total responsibility in matters of invoicing and the consequences in the matter of VAT and/or all other taxes and/or duties on Services provided.

4.5 Security of Identifiers
The Customer is wholly responsible for his Identifiers and must inform BookingSync immediately of any fraudulent use of his Identifiers and/or his Account. If the Customer has grounds for believing that a non-authorized person is using his Identifiers or his Account, he must inform BookingSync immediately of it, who will proceed with blocking the Customer Account as quickly as possible.

5. Obligation to cooperate
BOOKINGSYNC SAS and the Customer undertake to cooperate effectively and fairly in the context of carrying out the Contract, especially with regard to travelers’ satisfaction.

6. Anti-money laundering of capital and financing of terrorism
CentralPay, in its role of an approved payment institutions is obliged to observe those obligations arising from articles L.561-2 and following of the Monetary and Financial Code. BookingSync and CentralPay are obliged to implement procedures permitting them to identify Customers and, if necessary, the Beneficial Owner/s or any suspicious operation. For this reason, the Customer undertakes to cooperate with the two parties by providing any document or information of a nature which permits them to carry out a thorough examination of the operations and to keep them informed of any occurrence of an operation exhibiting an unusual character in comparison with customary operations or any operation which seems suspect to him.

7. Mandate to collect for operations
By accepting these Customer’s T&C, the Customer gives a mandate to BOOKINGSYNC-CENTRALPAY to collect on the Customer’s behalf the price of Services paid by the Travelers by means of the Service. The settlement of the Price of Operations by Travelers shall occur directly via the CentralPay Payment Service, by electronic transfer, digital wallet or bank card. This data is exclusively processed and secured by the BookingSync-CentralPay secure payment solution, with the aim of carrying out payment operations performed by the Travelers.

8. Access to the service
BookingSync strives to provide permanent access to the Service, 24/7. However, the Customer recognizes that access to the Service may be suspended at any time and without prior warning, especially due to outages, faults or failure of the network, the system and/or means of communication, as well as the issue of maintenance work and corrections made necessary to ensure the updating of and the good functioning of the Service. Without prejudice to their obligations as an agent of the payment service provider, such as defined below, BookingSync may be held responsible for potential, direct or indirect claims due to any interruption, to any malfunction of any kind, to any suspension or stoppage in the Service and this for any reason at all or even for any direct or indirect claim which resulted from any means by accessing the Service.

9. Warranty - responsibility

9.1 Warranty and responsibility of BOOKINGSYNC SAS

9.1.1 Responsibilities in the event of a badly-executed operation
BOOKINGSYNC SAS and CENTRALPAY are responsible for the proper execution of the payment operation in regard to the Customer. If the Customer considers that the Transaction has been badly executed, he should contact Customer Services at BOOKINGSYNC SAS immediately: payments@bookingsync.com. The Customer should then draft a comprehensive declaration collating all elements relating to that Transaction. BOOKINGSYNC SAS may, as required, request the clarification of information provided. If BookingSync agrees that a sum has been paid in an improper manner to a Customer, it reserves the option of levying the excess amount upon the Customer’s Bank Account. The Customer consents to authorizing BookingSync to levy in such a manner. If it transpires that a partially or wholly reimbursed transaction has in fact been authorized by the Customer or carried out by him in a fraudulent or gravely negligent manner, BookingSync would be entitled to cancel all reimbursements made and invoke the Customer’s responsibility in order to receive compensation for any loss incurred from the act of a non-compliant or fraudulent use of the Service. BookingSync may also, if necessary, invoice the Customer for costs incurred during investigations by BOOKINGSYNC SAS, as foreseen in Appendix A in accordance with article L. 133-19 IV of the Monetary and Financial Code.

9.1.2 Rejected payments from the Traveler
In the event of misappropriation of banking details or of fraud, proven or alleged, giving rise to the rejection of a payment made by Bank Card by a Traveler via the Service, the Customer undertakes to reinstate upon BookingSync’s demand those sums that it has paid in the context of the fraudulent Transaction for those services reserved, canceled or not taken up by the lawful holder of the payment method, which would have been misappropriated.

9.2 BookingSync’s exclusions of responsibility
Operations are exclusively conducted between the Customer and the traveler.Disputes related to Service Provision:Difficulty or the time for access to the Service due to total or partial non-observance of an obligation, a failure and/or a saturation during certain periods of traffic on the telecommunications networks and/or Internet Service Providers; the content of information transmitted or processed; handling and/or interpretative errors; corruption of data by a virus and/or software, whose protection is their duty; damage, which may have been caused to equipment interacting with Services, on grounds of improper use, being the total responsibility of the Customer; potential rejections of the Customer’s Identifiers; the non-fulfilment of Services to the Customer’s and/or Travelers’ specific needs, the occurrence of a case of force majeure, such as defined in French jurisprudence. BookingSync and CentralPay may not be held responsible in relation to Customers for the direct or indirect consequences of the application of legal and regulatory measures of whatever nature and especially Anti-money laundering measures and the financing of terrorism. In the event of legal disputes against BookingSync/Centralpay by the traveler’s bank, the Customer shall be informed and has 7 calendar days from notification to supply BookingSync with the requested elements in the context of the litigation. BookingSync and CentralPay reserve the right to withhold such amounts, for sums greater than 15 Euros for unpaid items:

  • directly from the Customer’s account, from the Customer’s next default transactions,
  • by levying upon the bank account of the Customer. BookingSync draws the Customer’s attention to the fact that transactions not covered by the 3DSecure mechanism (particularly cards issued in the United States) present a higher risk of litigation or dispute. Therefore, it is recommended to verify the bank card used for payment of the reservation, upon entry into the premises, at the start of the stay.

9.3 Warranty and responsibility of the Customer
The Customer undertakes, in his role of service provider, to assume the entire responsibility for the Service Provision and to indemnify BookingSync for any complaints or claims, resulting from any damage caused to goods or persons, or for any complaint, of whatever nature, concerning the said Service Provision.

10. Financial provisions - remuneration
The Service offered by BookingSync, allowing receipt for the Customer of the Service Provision from a Traveler for the carrying out of the Service Provision, is remunerated by a Commission system. The Customer thus authorizes BookingSync to retain from the Price of the Service Provision the Commission as remuneration for the Payment Service. Commission is due upon receipt of the whole of the Operation Price.

10.1 Service fees
The other fees relating to use of the Service are defined in the appendix dealing with tariffs in Appendix A.

11. Protection of personal data

11.1 CentralPay, being responsible for processing, implements processing of personal data with the aim of providing payment services to the Customer, via BookingSync, its subcontractor in the sense of the Data Protection Regulation, as well as the observance of its legal and regulatory obligations.

11.2 Customer information is intended for the authorized staff of CentralPay, held under an obligation of confidentiality, in accordance with the GDPR.

11.3 Information on the payer’s “sum”, “date”, “time”, “currency”, “family name”, “first name”, “email”, “IP address” and “bank card BIN” are also likely to be communicated to subcontractors for the purposes of dealing with fraud.

11.4 Customer information is kept for a variable amount of time as a function of the purpose of its being collected. Subject to more stringent conditions, data is kept: for the management of contracts until the end of contractual relations, increased by the period of the legal requirements; if necessary, for the management of accounts, for 5 years maximum, from the close of the financial year.

11.5 The Customer has the right of access, questioning, rectification and deletion of information concerning him, that of limitation of processing, a right to transfer data, as well as the right to withdraw his consent. The Customer has the right to object to the processing of his personal data, with an aim of carrying out a purpose in the public interest, in the exercise of public authority or the attainment of legitimate rights carried out by CENTRALPAY or by BOOKINGSYNC SAS, unless there is some other compelling justification. The Customer also enjoys the right to object to the processing of personal data with the aim of commercial prospecting, including profiling for that purpose. It is to be noted that if the Customer has expressly so consented, he may receive commercial offers by electronic means. Finally, the Customer has the right to submit a complaint to the French National Commission for Data Protection and Liberties (CNIL).

11.6 Details of the Data Controller: CENTRALPAY – 19 rue Edouard Vaillant – 37000 TOURS.

12. Intellectual property
BookingSync is the owner, or beneficiary of the licensing rights for all elements used in the context of Services, especially the text, data, software, database, brands, drawings, models, graphics, photos, animations, sounds, including downloadable documents. All rights, particularly marketing rights, rights of reproduction and extraction in any medium, of all or part of the data, files and all elements used in the context of Services are exclusively reserved to BookingSync and to its potential beneficiaries and this, subject to the pre-existing rights of third parties having authorized digital reproduction in the context of Services, by BookingSync. Any reproduction, representation, distribution or redistribution, in whole or in part, of elements used by BOOKINGSYNC SAS in the context of Services by whatever procedure as may be, without the express and prior permission of BOOKINGSYNC SAS is prohibited and would constitute an infringement sanctioned by articles L.335-2 and following of the Intellectual Property Code. Databases used in the context of Services are protected. Any extract and/or re-use of a substantially qualitative or quantitative part of the content of a database, or any repeated and systematic extract and/or re-use of a non-substantially qualitative or quantitative of the content of a database, without the express authorization of BOOKINGSYNC SAS or its owners is/are therefore prohibited, in the sense of articles L 342-1 and L.342-2 of the Intellectual Property Code. The software used in the context of Services is protected. Any reproduction whether in part or in whole, translation, adaptation, arrangement or any other modification of the so-called proprietary software, without the express authorization of BOOKINGSYNC SAS or its owners is therefore prohibited in the sense of articles L 122-6 of the Intellectual Property Code. Any reproduction, whether in part or in whole, translation, adaptation, arrangement or any other modification of the so-called free software are subject to the license conditions on which they depend.

13. Period of validity of Customer T&C
Customer T&C are applicable for an indeterminate period from their acceptance by the Customer under the conditions specified above. Each of the parties is able to insert a term into the conditions hereinafter provided.

14. Termination - suspension

14.1 Suspension of service provision
BOOKINGSYNC SAS reserves the right to suspend immediately, without prior notice or forewarning, the provision of the Service in any one of the following hypothetical situations: the Customer does not observe one or more of the obligations imposed upon him from these T&C; BookingSync has legitimate reasons in believing that the Customer has infringed the legal or regulatory provisions.

14.1.1 Suspension in the event of an inspection operation of Transactions Suspension for a spot check or scheduled inspection operation may take the form of:
a temporary suspension of the payment of sums due to the Customer, possibly causing a delay in the payment foreseen in article 3 of this document and/or; a suspension in the Service provision in its entirety (suspension of the ability of the Traveler to pay for the Services by means of the Service).

14.1.2 Suspension in the event of non-observance of this document or a suspect transaction
BookingSync may suspend the provision of the Service if the Customer fails in one of the obligations imposed upon him under these T&C or if BookingSync has legitimate reasons for suspecting that one or more transactions have been made in breach of the legal or regulatory provisions. In this case, BookingSync may: temporarily suspend the payment of sums due to the Customer, possibly causing a delay in the payment foreseen in article 3 of this document and/or; suspend Service provision in its entirety (suspension of the ability of the Traveler to pay for the Services by means of the Service); terminate these T&C.

14.2 Termination of the T&C by BOOKINGSYNC SAS
BOOKINGSYNC SAS and CENTRALPAY are entitled to terminate the Service in the following cases: negligence of the Customer in respect to these T&C; loss of authorization by BOOKINGSYNC SAS to provide the Service; non-use of the Service by the Customer over a period of six (6) consecutive months; death of the Private customer; opening of judicial or voluntary liquidation or legal redress or settlement or any other event irreversibly altering the situation of the Professional customer; menacing or abusive behavior towards the staff of BOOKINGSYNC SAS or any other person acting on behalf of BOOKINGSYNC SAS; or use by the Customer of the Service for fraudulent or illegal ends. Apart from the cases mentioned above, BOOKINGSYNC SAS may also terminate the Service without giving any reasons, by observing a notice period of one (1) month. Termination shall be notified by BOOKINGSYNC SAS or CENTRALPAY by email with acknowledgement of receipt to the address provided by the customer within his Customer Account.

14.3 Termination of the T&C by the Customer
The Customer has the ability to terminate the Service at any time by observing an advance notice of one (1) month by contacting the Customer Services of BOOKINGSYNC SAS: payments@bookingsync.com. Funds still due from BOOKINGSYNC SAS to the Customer shall be reimbursed to him subject to the necessary identity checks (after deduction of all applicable reimbursement costs as defined in Appendix A).

15. Modification of Customer T&C
BOOKINGSYNC SAS is free to cede, transfer, sub-contract or transfer all or part of the obligations contained in these T&C. The cessation or the transfer of all or part of the obligations arising from these T&C shall be notified to the Customer under the foreseen conditions in the case of the T&C being modified, such as described below. BOOKINGSYNC SAS may modify these T&C at any time by publishing a new version of these on the Customer Account and by informing the Private customer (by email, SMS, notification on his Customer Account or any other means) at least one (1) month before its entry into force. The current version of the T&C may be viewed or downloaded at any time using the Customer Account. Furthermore, the Customer may request a copy of the said T&C at any time by contacting the Customer Service of BOOKINGSYNC SAS. These T&C may particularly be altered if the alterations relate to: improvements to, additions to, replacement of or the removal of functionality from the Service, such as defined in this document; marketing systems or Service functions; technology; the banking or finance system; applicable legal or regulatory provisions. The alteration and the new T&C shall take immediate effect one (1) month after receipt by all Customers of notification of alteration. During the notification period of one (1) month, a Private customer may refuse the said alteration by informing the Customer Services of BOOKINGSYNC SAS. The Service shall henceforth be terminated immediately and BOOKINGSYNC SAS shall reimburse as speedily as possible those sums remaining due to the Private customer. If the Private customer does not notify Customer Services at BOOKINGSYNC SAS of his refusal of the alterations foreseen by BOOKINGSYNC SAS within the time limit of one (1) month, he shall be deemed to have accepted the new Customer T&C. Relating to Professional customers, the alterations and the new T&C shall automatically take effect one (1) month after receipt of notification of alteration by all customers. The Professional customer shall have available a timescale of one (1) month to inform Customer Services at BOOKINGSYNC SAS of his refusal of the alterations to the T&C and of his wish to terminate the T&C. If the Professional Customer does not notify of his refusal of the intended alteration within the timescale of one (1) month, he shall be deemed to have accepted the new Customer T&C.

16. Force majeure
None of the parties may be held responsible for delays or non-execution resulting from a case of force majeure, such as recognized by the jurisprudence of French tribunals.

17. Confidentiality
Information, notices or documents of any nature communicated by one of the Parties to another Party shall be deemed to be of a confidential nature, if the Party communicating them expressly states so in writing. This confidential information must not be divulged to third parties and should only be used for the purposes of executing these T&C. The Parties agree to keep as confidential all information stated to be confidential for the duration of their contractual relationship and without limit of duration from its termination, whatever may be its cause.

18. Language - contact

18.1 Language
The Customer recognizes that the customer space and the Service will not necessarily be available in the language of his country of establishment. The Service, as well as all information and communications, shall be in the French or English language, whatever may be the Customer’s country of establishment.

18.2 Details
BOOKINGSYNC SAS – les Chazals
05100 NEVACHE
FRANCE

19. Applicable law - resolution of lawsuits

19.1 Applicable law
These T&C are governed by French law, to the exclusion of all other law or conventions, wherever may be its place of execution.

19.2 Resolution of lawsuits
Any complaint relating to the Service must be addressed to the Complaints department at BOOKINGSYNC SAS by email or mail: COMPLAINTS DEPARTMENT BOOKINGSYNC SAS – Les Chazals, 05100 Névache or by email to payments@bookingsync.com. The service shall acknowledge receipt of the complaint within a maximum of ten (10) working days. Complaints shall be processed within a maximum of two (2) months from receipt. In the event of an amicable agreement not being reached, the Private customer may approach, by letter, an independent mediator, being able to act free of charge in the event of applying this document, by mail to:

Autorité de contrôle prudentiel et de résolution
Direction du contrôle des pratiques commerciales
61 rue Taitbout 75436 PARIS CEDEX 09

and this without prejudice to other avenues of legal action. In the event of no amicable agreement in case of lawsuits between a Professional customer and BOOKINGSYNC SAS and/or CENTRALPAY, the Parties shall have recourse to a competent Tribunal.

19.3 Proofs
In the application of article 1316-1 and following of the Civil Code, the Parties agree that records, kept on the IT system of BOOKINGSYNC SAS or its partners or subcontractors are expressly accepted as proof of communication between the Parties, use of the Service or the execution of their respective obligations by the Parties. Data relating to Operations, Transactions and use of the Service by Customers are archived in a reliable and durable medium in reasonable conditions of security.

APPENDIX A – Service fees
Bank card Transaction
Pricing for a payment card issued by CB, VISA or MASTERCARD networks

Type of card

Debit card issued in Europe

Credit card issued in Europe

Corporate card issued in Europe

Outside Europe

Fee per transaction

0.30 €

0.30 €

0.30 €

0.30 €

Commission

2.0%

2.0%

3.5%

3.5%

Transaction by bank transfer

Type of bank transfer

Debit card issued in Europe

Credit card issued in Europe

Fee per transaction

0.00 €

0.15 €

Commission

1.0%

0.0%

Cost per default of €15.00 and €1.00 per refund.
Setup charges, bank domiciliation and monthly subscription are offered.

Cancellation and Termination

  • You may cancel your account at anytime by clicking on the “Cancel Account” button that stands on the Settings section.
  • Once your account is canceled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  • If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
  • We reserve the right to modify or terminate the BookingSync service for any reason, without notice at any time.
  • Fraud: Without limiting any other remedies, the Company may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices

  • Prices for using BookingSync are subject to change upon 14 days notice from the Company. Such notice may be provided at any time by posting the changes to the BookingSync Site (bookingsync.com) or the administration menu of your BookingSync account via an announcement.
  • The Company reserves the right at any time to modify or discontinue, the Service (or any part thereof) with or without notice.
  • The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.