Luckey Terms of Service

Introduction

Luckey provides access to a platform on which Hosts (as defined below) wishing to list their properties on the Airbnb Platform (as defined below) can contract directly with eligible local Management Services Providers (as defined below) who offer property management services. Luckey also offers tools for Management Services Providers to effectively manage their relationship with the Hosts. The services provided by Luckey to the Hosts and Management Services Providers are hereinafter referred to as the “Services”. The Services shall not be construed as brokerage services and, by accepting these terms of use (the “Terms”), the Hosts and Management Services Providers acknowledge that Luckey does not act as a broker in connection with the provision of the Services.

These Terms set out the rights and obligations of Luckey, Hosts and Management Services Providers in connection with the Services. In order to benefit from the Services as a Host or a Management Services Provider, you must read and accept these Terms. Your acceptance of these Terms will then form the terms of the agreement between you and Luckey (the “Agreement”) governing your use of the Services. When used in these Terms, the terms “Luckey”, “we”, “us” and “our” refer to Luckey, a simplified joint stock company, registered with the Paris Trade and Companies Register under number 812 226 926, with which you enter into this Agreement.

These Terms are divided as follows:

a. the Specific terms of use for Hosts set out the special rights and obligations applicable to relationships between Hosts and Luckey;

b. the Specific terms of use for Management Services Providers set out the specific rights and obligations applicable to relationships between Management Services Providers and Luckey;

c. the General terms of use for Hosts and Management Services Providers set out the rights and obligations applicable to Management Services Providers, Hosts and Luckey. Consequently, whether you are a Host or a Management Services Provider, it is important that you read these terms.

Considering that Services are accessible via the platform operated by Airbnb (as defined below), Hosts and Management Services Providers must have an Airbnb account.

All Airbnb terms and policies of service are applicable to the provision and use of the Services. All of these terms and policies are available at Airbnb Terms and Policies.

You acknowledge that you have read and agree to comply with Airbnb’s terms and policies in connection with your use of the Services.

Definitions

For the purpose of these Terms, the following terms shall be defined as follows:

• “Accommodation”: means the property of the Host and object of the Listing and for which the Management Services will be provided;
• “Account”: means the User’s account on the Airbnb Platform;
• “Airbnb”: means the company “Airbnb Ireland UC” incorporated under Irish law , operator of the Airbnb Platform;
• “Airbnb Platform”: means websites, applications and other offers of Airbnb, including the online connection platform accessible at: https://www.airbnb.com/, and/or its local variations, via which Luckey offers the Services;
• “Airbnb Policies”: means Airbnb terms, policies and standards published by Airbnb and applicable to the Services. These Airbnb Policies are available at Airbnb’s terms and policies;
• “Airbnb Privacy Policy”: means Airbnb’s privacy policy available at Airbnb's terms and policies;
• “Brand”: means the Luckey brand registered with the INPI under number 4184986, and any changes to it, as well as the brand and logos of Airbnb and its affiliates;
• “Fees”: means amounts that will be invoiced by the Management Services Provider to the Host for its Management Services;
• “Guest”: means any person who has requested to book or booked an Accommodation via Airbnb.
• “Host”: means the natural or legal person, user of the Interface managed by Luckey wishing to entrust the management of his/her/its Accommodation to a Management Services Provider. The Host shall be considered (i) a consumer if he/she/it is acting for purposes which do not fall within the scope of his/hers/its commercial activity; or (ii) as a professional if he/she/it is acting for purposes falling within the scope of his/hers/its commercial activity;
• “Interface”: means the platform on which Luckey lists eligible local Management Services Providers so that they can be selected by Hosts for the provision of Management Services;
• “Listing”: means the listing of an Accommodation uploaded on the Airbnb Platform and managed exclusively by the Management Services Provider on behalf of the Host;
• “Management Services”: means services provided by the Management Services Provider to the Host in the Territory pursuant to the Management Services Agreement entered into between the Management Services Provider and the Host, further to a referral by Luckey pursuant to this Agreement;
• “Management Services Agreement”: means the agreement concluded between Management Services Providers and Hosts for the provision of Management Services;
• “Management Services Provider”: means the natural or legal person using Services in order to offer Management Services to Hosts and meeting the eligibility criteria set out in these Terms;
• “Services”: has the meaning specified on the first page of these Terms;
• “Technological Tools”: means the digital services made available to Users in connection with Services;
• “Territory”: means the geographical territory chosen by the Management Services Provider to provide its Management Services;
• “Users”: means, collectively, Hosts and Management Services Providers using the Services.

A. Specific terms of use for Hosts

1. Provision and operation of the Interface

Luckey provides Hosts with an Interface available at www.airbnb.com/hosting-services, allowing them to search for and contact with Management Services Providers available to provide concierge services.

Management Services Providers listed on the Interface must meet the objective eligibility criteria set by Luckey set out in article 2 of the Specific terms of use for Management Services Providers below, which are based on ratings made independently by Guests on the Airbnb Platform.

Luckey ranks and references Management Services Providers according to criteria detailed in article 6 of the Specific terms of use for Management Services Providers, below.

The Interface allows the Host to reach out to the Management Services Provider in order to entrust them/it with the management of their Accommodation pursuant to the terms set out by the Management Services Provider and the Host.

Luckey is not involved in the provision of management or concierge services.

2. Connecting with the Management Services Provider

The Host shall ensure that the information provided in its Account are up-to-date and compliant with Airbnb Policies.

The Host will be able to select a Management Services Provider using the Interface on the basis, notably, of the location of the Accommodation, the Territory in which the Management Services Provider operates, the quality rating of the Management Services Provider by Guests on Airbnb, and the Management Services offered by the latter. By selecting a Management Services Provider, the Host agrees to be contacted by said Management Services Provider. Certain information provided on the Interface will, on this occasion, be shared with the Management Services Provider. By requesting to be contacted, the Host accepts Airbnb’s Terms and Listing Management Terms.

After reception of the Host’s contact information, the Management Services Provider will reach out to the Host in order to organise and determine the terms for the provision of the Management Services.

If the Management Services Provider does not reach out to the Host within a reasonable period of time, or refuses to provide the Management Services requested, the Host may select another Management Services Provider via the Interface.

Hosts must ensure that the information provided to Management Services Providers are accurate and, if necessary, update them at any time.

Prior to entering into any agreement with the Management Services Provider, Hosts must ensure and verify that the Management Services Provider holds all necessary authorisations for the provision of the Management Services, including, but not limited to, a real estate licence.

3. Management Services Agreement with the Management Services Provider

Depending on the Management Services provided, Hosts and Management Services Providers must enter into a Management Services Agreement, including, where applicable, a real estate agent mandate, in order to set out the specific terms for the provision of the Management Services. Luckey is not a party to this Management Services Agreement, and in particular Luckey does not act as a real estate agent.

Thus, it is important that the Host and the Management Services Provider carefully review the Management Services Agreement to be entered into, and agree, for example, on the Fees to be paid to the Management Services Provider as well as on the nature and terms for the provision of the Management Services. Hosts and Management Services Providers will also be liable for determining the level of control that the Host wishes to keep over the creation and updating of its Listing, listing prices, calendar availability, and terms of acceptance and cancellation of bookings.

Luckey encourages Hosts and Management Services Providers to seek legal advice. Therefore, Luckey does not intervene in the formalisation of the Management Services Agreement between the Management Services Provider and the Host and leaves the latter to fully determine the contractual terms applicable to their relationship.

4. Management Services Provider’s Fees

As a Host, you are liable for the payment of the Fees corresponding to the provision of the Management Services by the Management Services Provider as well as additional ad hoc services (such as occasional maintenance tasks).

The amount and nature of Fees and the amount and conditions of payments for ad hoc tasks performed will be freely determined between you and the Management Services Provider and will be set out in the Management Services Agreement entered into between you and the Management Services Provider.

Host hereby instructs Airbnb Payments Luxembourg, S.A. to pay these Fees and any ad hoc task related payments to the Management Services Providers from amounts due to the Host in connection with the Airbnb Platform. Host agrees that the Fees and ad hoc task related payments will be automatically deducted by Airbnb Payments Luxembourg S.A. (“Airbnb Payments Luxembourg”) acting on behalf of the Host, from payouts due to the Host and such amounts will be paid directly to the Management Services Provider on behalf of the Host to the Management Services Provider’s payout method registered in the Airbnb Platform. For the terms and conditions applicable to Airbnb Payments Luxembourg’s payment services to Host, please refer to the Payments Terms of Service.

5. Regulations

The Host understands that it is solely responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to the Host’s Listing, including but not limited to compliance with regulations on furnished tourist rentals with regards to its Accommodation (for example, change of use for secondary residences in certain areas). Airbnb may from time to time make available information relating to local laws, which Hosts may wish to consult, however the Host is solely responsible for researching and determining which laws may apply to them, and should seek independent legal advice where necessary.

6. Termination

• Termination of these Terms by you or Luckey

You may terminate this Agreement at any time by notifying Luckey at hostingservices@airbnb.com. If you terminate this Agreement, it will be up to you to decide whether or not you wish to maintain your relationship with your Management Services Provider and to define, where applicable, the termination terms of your relationship with the Management Services Provider (in particular, the termination date of the contract and the provision of concierge services for reservations already booked). However, your Management Services Provider will no longer be able to use Technological Tools made available as part of this Agreement to manage your Accommodation.

Luckey may also terminate this Agreement and your access to the Services if (i) you violate these Terms or the Airbnb Policies, (ii) you violate applicable laws, (iii) such action is necessary to protect the Accommodation and the safety of Luckey, its Users or third parties (for example, in the event of fraudulent behaviour by a Host). In this case, Luckey will notify you of the termination and its grounds and this termination will be effective after a notice period of 30 days from the date of said notification.

In the event of repeated breaches of the provisions of the Agreement, Luckey may notify you of the termination and its grounds and this termination will be effective immediately and without a prior notice period.

• Termination of the Management Services Agreement with the Management Services Provider

You may terminate your Management Services Agreement with the Management Services Provider in accordance with the terms set out in that agreement. If that Management Services Agreement ends, you can select a new Management Services Provider on the Interface to manage your Accommodation at any time.

• Consequences of the termination of the agreement between Luckey and the Management Services Provider on the Management Services Agreement between the Management Services Provider and the Host

In the event that you have entered into a Management Services Agreement with a Management Services Provider and Luckey decides to terminate the agreement between Luckey and said Management Services Provider in accordance with article 12 of the Specific terms of use for Management Services Providers, Luckey will notify you of the effective date of such termination.

We draw your attention to the fact that, as of this date, the Management Services Provider will no longer provide the Management Services, and in particular the Management Services may no longer be provided using Technological Tools provided as part of this Agreement.

Therefore, it will be up to you to decide whether the Management Services Agreement between you and the Management Services Provider must end simultaneously with the agreement between Luckey and the Management Services Provider.

If you decide to terminate the Management Services Agreement with the Management Services Provider, and as indicated below, you will be able to enter into a new Management Services Agreement with one of our other Management Services Providers available on the Interface.

7. Removal of a Listing on the Airbnb Platform

In the event of suspension or deletion by Airbnb of your Listing on the Airbnb Platform for any reason whatsoever, you will no longer be able to access and benefit from the Services in connection with such Listing. Luckey will not be liable for this decision to delete your Listing taken independently by Airbnb.

8. Liability

Luckey does not control and cannot control the behaviour of Users, or make any commitments regarding their compliance with these Terms or the regulations. As a result, we do not guarantee (i) the existence, quality, safety or relevance of the Services or (ii) the behaviour of Guests in your Accommodation and the absence of any damage caused by Guests. Conditions of guarantee and insurance provided by Airbnb may apply in the event of damage caused by Guests to the Accommodation and/or to third parties. For more information on these policies, please refer to the Airbnb Host guarantee terms and conditions and the Airbnb Host insurance terms and conditions.

B. Specific terms of use for Management Services Providers

1. Registration for Luckey’s Service

As part of the registration process on the Interface, the Management Services Provider must define the Territory, in the form of zip codes, in which it wishes to provide services and where it has the capacity to perform the Management Services.

The registration process on the Interface also requires the Management Services Provider to provide information and documents as listed at the time of registration. The provision of such information and documents are necessary for the Management Services Provider to access the Services.

Before registering for the Services, the Management Services Provider acknowledges that it must find out on its own about the legal requirements applicable to the provision of the Management Services, and in particular those requiring the Management Services Provider to hold any professional licenses.

If, as a Management Services Provider, you work with members of a team, company or another organisation, the entity and each individual working with you who uses the Services shall be liable under these Terms. If you agree to these Terms and enter into contracts with Hosts, you represent and warrant that you are authorised to enter into contracts on behalf of your company.

2. Eligibility criteria to register on the Interface

Luckey provides an Interface that Hosts can use to connect with Management Services Providers who are eligible, based on their good rating by Guests on Airbnb.

In order to be eligible for registration on the Interface, the Management Services Provider must:

• provide the Services as a professional and have completed all formalities and procedures to obtain such status;
• accept these Terms, and in particular the commitments in terms of quality of services reflected by the rating requirements set out by Luckey solely on the basis of ratings made independently by Guests on Airbnb. In this regard and subject to the rules applicable to Existing Management Services Providers (see article 6 below), Management Services Providers will be eligible if Listings of Accommodations they manage, either as a co-host or as a “Super Host”, present an Average Rating (as defined in article 6 below) greater than or equal to 4.8/5 on Airbnb.

3. Connecting with the Host

As part of the Services, the Management Services Provider will have access to the contact details of Hosts who have selected the Management Services Provider for the provision of Management Services and with whom the Management Services Provider may enter into a Management Services Agreement.

The Management Services Provider will then be solely responsible for organising and determining the conditions for providing the Management Services.

4. Management Services Agreement with the Host

Hosts and Management Services Providers must enter into a Management Services Agreement, including, where applicable, a property management mandate, in order to define the specific conditions for the provision of the Management Services. Luckey is not a party to this Management Services Agreement, and in particular Luckey does not act as a real estate agent.

It is important that the Host and the Management Services Provider carefully review the Management Services Agreement to be entered into, and agree, for example, on the Fees to be paid to the Management Services Provider, the amount of payments (as applicable) which may be collected by the Management Services Provider via the Airbnb Platform for additional Management Services (such as occasional maintenance tasks), invoicing terms, and the nature and terms for the provision of the Management Services. Hosts and Management Services Providers will also be liable for determining the level of control that the Host wishes to keep over the creation and updating of its listing, rates, schedule and terms of acceptance and cancellation of bookings.

5. Services available to the Management Services Provider

Luckey makes Technological Tools available to the Management Services Provider to ease and optimise the organisation and provision of the Management Services.

Any use of these Technological Tools in breach of these Terms may result in Luckey stopping surfacing them in Hosts’ search results on the Interface.

In order to ensure an optimal use of Technological Tools, an Accommodation of a Host must not be referenced or managed via another platform. Consequently, during a period of one year as from the introduction of the Management Services Provider to a Host via the Interface, the Management Services Provider shall not list and/or provide the property management services for the Accommodation of a Host via platforms other than the Airbnb Platform.

6. Provision of the Services by the Management Services Provider

The Management Services Provider expressly acknowledges and accepts that Luckey does not make any commitment or make any warranty in terms of amount, frequency or regularity of Management Services requested by Hosts or turnover that may be generated under the Agreement.

The Management Services Provider undertakes to provide a certain number of Services, which will be defined with the Host and included in the Management Services Agreement with the Host. In addition to these Services, the Management Services Provider also undertakes to comply with the principles set out below:

• Support to the Host

The Management Services Provider acts as the Host’s preferred point of contact in the management of its property. As an expert professional in its field, the Management Services Provider is bound by an obligation to advise the Host. In this respect, the Management Services Provider undertakes in particular to advise the Host on how to optimise its Listing and its booking activity on Airbnb.

Furthermore, the Management Services Provider must inform the Host of any applicable regulation and the Management Services Provider will provide the Host with all useful information and documentation, where applicable, relating to its compliance with regulations applicable to short and long term rental activities.

The Management Services Provider shall determine, depending on the Management Services provided, whether a property management mandate must be entered into with the Host.

• Provision of the Management Services

Once an Management Services Agreement has been entered into with the Host, the Management Services Provider shall manage the Listing (including assisting in the creation of the Listing and managing Guests’ bookings and cancellations) as well as any associated Management Services pursuant to the terms set out in the Management Services Agreement.

The Management Services Provider acknowledges and accepts that the Management Services Agreement must provide for the appointment of the Management Services Provider and its team as agents of the Host for the preparation, submission, negotiation, and settlement, on behalf of the Host, of (i) any claim for compensation and/or payment of damages between Guests and the Host, and (ii) any Host Guarantee claims that the Management Services Provider may need to manage on behalf of the Host.

• Compliance with quality standards for the provision of Management Services

The Management Services Provider acknowledges that the quality requirement of the Management Services provided by the Management Services Provider, its employees or subcontractors is essential and that the fulfilment of such requirement constitutes an essential obligation of the Management Services Provider under the Agreement.

Compliance with quality standards is measured only by the rating of the Accommodation which is made by the Guests on the Airbnb Platform and which is collected by Luckey for the purposes of this Agreement. The rating corresponds to an average of ratings between zero and five stars by the Guests on the Airbnb Platform at the end of their stay in the Accommodation (the “Rating”). Luckey does not interfere in setting such Rating.

Luckey will communicate the average rating of the Management Services Provider resulting from the aggregation of all the Ratings of Accommodations managed by the Management Services Provider from the date on which Partners consent to these Conditions, up to the preceding 365 days (the “Average Rating”). This Average Rating, which will be available to Partners via the Tools available to them, is a criterion for referencing or dereferencing Management Services Providers, as detailed in the dedicated section below.

• Referencing and ranking of Management Services Providers

a. Referencing of Existing Management Services Providers on the Interface

Prior to the entry into force of these Terms, certain Management Services Providers are already contractually bound to Luckey for the provision of management services to certain hosts under pre-existing contracts (the “Existing Management Services Providers”). Existing Management Services Providers will be automatically eligible to register on the Interface as of the effective date of these Terms.

Once registered, Existing Management Services Providers will be referenced on the Interface and presented to Hosts provided that Guests have given an Average Rating greater than or equal to 4.6/5 on Airbnb (the “Reference Rating”) to Listings of Accommodations that such Existing Management Services Providers manage, either as a co-host or as a “Super Host”.

b. Referencing of other Management Services Providers

Management Services Providers meeting the eligibility criteria set out in these Terms may register on the Interface. In order to remain referenced on the Interface and be presented to the Hosts, Management Services Providers must manage, either as a co-host or as a “Super Host”, Listings of Accommodations presenting an Average Rating greater than or equal to the Reference Rating.

c. Special case of single Management Services Providers in certain Territories

In the event that only one Management Services Provider is registered due to its meeting of the eligibility criteria and ability to provide the Services in a given Territory, such Management Services Provider shall continue to be referenced on the Interface even if the Average Rating of Listings of Accommodations he/she/it manages is not greater than or equal to the Reference Rating.

d. Ranking of Management Services Providers listed on the Interface

Once listed, Management Services Providers will appear in the search results of Hosts using the Interface who have Accommodation in the Territory. For this purpose, a list of Management Services Providers will be presented to Hosts and the ranking of the Management Services Providers will be made on the basis of the following criteria:

• Location of the Accommodation;
• Territory;
• Management Services Provider’s Rating.

e. Failures likely to result in a dereferencing of the Management Services Provider

i. Failure to meet the Reference Rating requirement

Considering that the requirement of quality of the Management Services Providers referenced on the Interface is an essential feature of the Services provided to Hosts, the Management Services Providers’ Average Ratings will be collected monthly by Luckey. If the Average Rating of the Management Services Provider is not greater than or equal to the Reference Rating, the Management Services Provider agrees that Luckey may temporarily stop surfacing them in Hosts’ search results, without prejudice to its other rights under the Agreement (particularly in the event of a breach by the Management Services Provider).

If, during the subsequent monthly review, it appears that the Average Rating of the Host has become greater than or equal to the Reference Rating, the Management Services Provider will again appear in Hosts’ search results.

ii. Failure to meet the response rate requirements

In order to meet Hosts’ expectations, Luckey wishes that Management Services Providers answer Hosts requests sent via the Interface within 24 hours (the “Reference Response Time”)

To this end, the Reference Response Time applied by the Management Services Providers over the preceding 90 days will be collected monthly. If a Management Services Provider has received via the Interface at least ten contact requests from Hosts over that 90-day period, and over that period the Management Services Provider’s average response time has been 90% or less within the Reference Response Time, Luckey may temporarily stop surfacing them in Hosts’ search results, without prejudice to its other rights under the Agreement (particularly in the event of a breach by the Management Services Provider). Once such average response time again becomes more than 90% within the Reference Response Time, or where the number of contact requests from Hosts is less than ten over the preceding 90 days, and in any event no later than 90 days after the dereferencing, Luckey will reference the Management Services Provider on the Interface again.

• Resolution of disputes with Guests

The Management Services Provider is liable for the management of disputes caused by Guests in the Accommodation, including, where applicable, the notification of such disputes or damage to Airbnb to make a claim under the Host Guarantee or Host Insurance and/or the withholding of a deposit. In accordance with the terms of the Host Guarantee or Host Insurance, Airbnb decides at its own discretion the amount to be awarded, if any, in the context of such a dispute.

• Dispute between Hosts and Management Services Providers

Disputes between Hosts and Management Services Providers shall be settled in accordance with the provisions of the Management Services Agreement entered into between them and to which Luckey is not a party. Luckey will therefore not be involved in the resolution of disputes between Hosts and Management Services Providers.

• Use of the Services

When using the Services, the Management Services Provider undertakes:

1. to use Services and their features to provide the Management Services and communicate with Luckey, as well as to be provided with all necessary equipment to be able to use them under normal conditions;
2. to provide the information requested when using the Services in a complete and accurate manner; and
3. not to use the Services for any purpose other than the performance of the Agreement.

Considering the technological changes due to the constant development of the digital sector, the Management Services Provider understands that the Services initially detailed upon the entry into effect of the Agreement may change during the term of the Agreement. The Management Services Provider undertakes to use all changes to these Services under the conditions defined herein.

• Personal data

For the purpose of providing Management Services, the Management Services Provider will be required to process personal data of third parties, in particular personal data of Hosts and Guests.

For such process operations, the Management Services Provider undertakes to comply with, (i) Luckey’s privacy policy, (ii) Airbnb’s privacy policy, and (iii) all other Airbnb policy relevant to the processing of personal data as these policies are amended from time to time.

7. Communication relating to the Services

Luckey undertakes to communicate on the Services nationally and internationally. This includes both stricto sensu advertising and marketing, and more generally any form of communication about the Services.

The Management Services Provider may communicate, within the Territory, on its own Management Services and the tourist specificities of the local market, within the limits of the right to use the Brand granted as specified in article 10 below. Luckey may require the withdrawal of any communication operation, without prejudice to any other means of action, which do not comply with these Terms.

The Management Services Provider may not use the Airbnb brand to promote its Services other than as specified in article 10 below.

8. Personal data of the Management Services Provider

While performing the Agreement, Luckey may obtain, access to or process personal data of the Management Services Provider communicated by or on behalf of the Management Services Provider.

For such processing operations, Luckey undertakes to comply with its privacy policy as amended from time to time.

9. Financial conditions

a. Fees paid by the Host to the Management Services Provider

The fee applied by the Management Service Provider are freely determined by the Management Service Provider and will be communicated to Luckey. Fees applied by each Management Services Provider will be presented on the Interface solely for information purposes.

The fee received by the Management Services Provider for the management of each Host's listing shall be specified in the Management Services Agreement, to which Luckey will not be a party.

b. Invoicing and payment

Fees and ad hoc tasks related payments will be automatically deducted by Airbnb Payments Luxembourg acting on behalf of the Host from payouts due to the Host in connection with the Airbnb Platform and such amounts will be paid directly to the Management Services Provider on behalf of the Host to the Management Services Provider’s payout method registered in the Airbnb Platform.

The Management Service Provider understands that if a Host payout or a Host’s Airbnb account is suspended or deactivated by Airbnb pursuant to its Terms of Services, the Management Service Provider may not receive the payout amount.

The Management Services Provider will be liable for the issuance, in a timely manner, of invoices for the Host in compliance with such Fees and with applicable regulations.

In order to facilitate the payment of the Fees and ad hoc task related payments at the instruction of the Host, the Management Service Provider must have a valid payout method linked to its Airbnb account. When the Management Service Provider adds a payout method to its account on the Airbnb Platform, it will be asked to provide billing information such as name, billing address, and financial instrument information either to Airbnb Payments Luxembourg or its third-party payment processor(s). Depending on the payout method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. The Management Service Provider expressly authorizes Airbnb Payments Luxembourg to collect and store its billing information and financial instrument information. Management Service Provider must provide accurate, current, and complete information when adding a Payout Method, and it is Management Service Provider’s obligation to keep its Payout Method and related billing information current at all times. Airbnb Payments Luxembourg is not responsible for any loss suffered by the Management Service Provider as a result of incorrect or out of date payout method information provided by it. Airbnb Payments Luxembourg may share the Management Service Provider’s information with governmental authorities as required by applicable law.

10. Right to use the Brand

Luckey grants the Management Services Provider the right to communicate on its referencing on the Interface and, as such, authorises the Management Services Provider to use the Brand for the term of the Agreement within the limits set out here below.

• Permitted uses

Acceptance of the Terms does not imply any assignment of intellectual property rights to the Management Services Provider. Luckey authorises the Management Services Provider to use the Brand and the Graphic Charter and to present itself as a “Management Services Provider”, “a local partner” or “an independent Management Services Provider” of Luckey to Hosts and Guests with whom the Management Services Provider may interact in the provision of the Management Services, on its commercial documents and in the context of its local communication on the Management Services.

This right to use the Brand does not include the following rights, and the Management Services Provider expressly agrees to refrain from (i) launching a marketing or communication campaign with respect to Luckey or Airbnb Services; (ii) using the Brand and the words “Luckey” or “Airbnb” in its trade name or corporate name; (iii) presenting himself or herself as an employee of Luckey or Airbnb; (iv) entering into any legal acts or taking any action in the name or on behalf of Luckey or Airbnb; and (v) registering, including after the expiry of the Agreement, the Brand or distinctive signs relating to Luckey or Airbnb.

• Term

This right to use the Brand is granted for the term of the Agreement and shall end upon the termination of the Agreement.

• Warranties

Luckey shall hold the Management Services Provider harmless against any use of the Brand made by virtue of its right to use the Brand specified above and constituting an act of infringement or unfair competition.

If a claim for infringement is brought against the Management Services Provider by a third party, Luckey shall bear the costs of damages that may be ordered against the Management Services Provider by a final court decision and which is exclusively based on an act of infringement or unfair competition resulting from the use of the Brand pursuant to the right of use granted as specified above.

Should such a claim be made against the Management Services Provider, the Management Services Provider undertakes (i) to notify Luckey within 5 days of receipt of the claim, (ii) to send, within that same timeframe, a copy of all documents received and (iii) to keep Luckey informed of the strategy and defence of the Management Services Provider, until the settlement of the claim. Should the Management Services Provider fail to meet these requirements, Luckey shall not be required to compensate the Management Services Provider for the aforementioned damages.

• Changes to the Brand

The Management Services Provider is expressly informed and accepts that changes to the Brand may occur during the term of the Agreement. In such case, Luckey will inform the Management Services Provider as soon as possible prior to the implementation of the contemplated changes. The parties shall enter into an amendment to the Agreement detailing the content of the Brand and the amendment made to the right of use granted to the Management Services Provider, if applicable.

The Management Services Provider shall implement the new Brand and Graphic Charter communicated in accordance with the right of use granted, as soon as possible and no later than 3 months after the signature of the amendment.

11. Warranties

The Management Services Provider warrants that:

(i) its company (if applicable) is properly incorporated and allows for the lawful provision of Management Services;

(ii) he/she/it complies, and undertakes to do so throughout the term of the Agreement, with all obligations imposed by the legislation in force applicable to it (in particular, legislation relating to the provision of a property management service, rules to combat concealed employment and rules governing the use of subcontractors) by virtue of its legal status and its activity, it being specified that it is solely liable in the event of a breach of one of them. In particular, the Management Services Provider is liable for determining whether the provision of Management Services require the holding of a professional licence;

(iii) the information provided to Luckey is accurate, sincere and will be updated during the term of the Agreement if necessary.

Furthermore, the Management Services Provider also represents that it has not been the subject of any criminal conviction for an offence or crime, prohibition from holding a bank account or prohibition from holding a managerial position.

The Management Services Provider undertakes to provide supporting documents for such information within 10 days of any request from Luckey.

Luckey warrants that: (i) it is duly constituted for the purpose of the lawful provision of the Services; (ii) it complies, and undertakes to do so throughout the term of the Agreement, with all social security and tax obligations imposed by the laws in force and applicable to Luckey.

12. Termination

In addition to specific termination rights expressly provided in the present Terms:

(i) either party may terminate the Agreement, for convenience, with a minimum prior notice period of 3 months;

(ii) Luckey reserves the right to terminate the Agreement if Luckey decides not to provide Services in a specific Territory any longer. Luckey undertakes to notify the Management Services Provider at least 60 days prior to the end of the provision of Services in this Territory.

(iii) in the event of a breach by one of the parties of its obligations under the Agreement, the other

party reserves the right to terminate the Agreement with a 3 month prior notice period;

(iv) in the event of material and/or repeated breaches of the Agreement by the Management Services Provider, including without limitation any breach of Airbnb Policies or if the Management Services Provider’s account is suspended or disabled on the Airbnb Platform for any reason whatsoever, Luckey reserves the right to terminate the Agreement with immediate effect and without compensation for the Management Services Provider. For the purpose of the Terms, any customer poaching, listing of an Accommodation on other booking platforms, use of Technological Tools for Accommodation not belonging to Hosts and act of disparagement of Luckey by the Management Services Provider shall be considered a material breach.

In the event of termination of the Agreement due to a breach of its obligations by the Management Services Provider:

(i) the Host and the Management Services Provider shall remain free to maintain or terminate their management services agreement, in accordance with the terms agreed between the Management Services Provider and the Host, it being understood that the Management Services Provider will no longer have the right to use Technological Tools to manage the Accommodation of the Host;

(ii) Luckey shall inform the Hosts with whom the Management Services Provider has entered into a Management Services Agreement of the termination and may inform them of the grounds for such termination in the event of a material breach by the Management Services Provider;

(iii) Luckey may remind said Hosts of their ability to use services of one of the other Management Services Providers available in the Territory, where applicable.

13. Independence of the parties

Luckey and the Management Services Provider operate in full autonomy and independence, each party bearing the risks of its business.

14. Management Services Provider’s personal customer base

As an independent service provider, the Management Services Provider is free to have and develop an activity for the benefit of customers reached outside of the Interface (the “Personal Customers”), which may include features identical or similar to the ones of Management Services.

Nevertheless, the Management Services Provider shall refrain from referencing Luckey or Airbnb when reaching out to potential Personal Customers as well as from any direct or indirect use of the Brand, of the reputation of Airbnb or Luckey or of contacts obtained in the course of the Agreement and Services.

For any request for information issued by Luckey and regarding a Personal Customer of the Management Services Provider, the Management Services Provider must be able to prove that the contact of the Personal Customer was obtained in compliance with the preceding paragraphs.

If the Management Services Provider is unable to provide sufficient evidence within a reasonable time and Luckey considers, in good faith, that the Management Services Provider has breached its obligation under this article, Luckey may terminate the Agreement for material breach by the Management Services Provider pursuant to the conditions set out in these Terms.

15. Sub-contracting

As an independent service provider, the Management Services Provider is free to entrust the performance of the Management Services to subcontractors of its choice and to organise its activity as it sees fit.

The Management Services Provider acknowledges and accepts that it remains fully liable for the Management Services provided by its subcontractor(s) and guarantees that its subcontractor(s) will provide the Management Services properly and, more generally, in compliance with the provisions of this Agreement, and in particular the provisions relating to confidentiality.

The Management Services Provider shall hold harmless and indemnify Luckey for any breach, damage or claim by an Host or any third party whose triggering event is attributable to one of its subcontractors.

16. Insurance

Each of the parties warrants to the other party that it has taken out the insurance policies necessary to insure and cover the consequences of its professional civil liability if it is held liable, so as to cover the financial consequences of the damage for which it would be held liable.

Each of the parties undertakes to maintain these insurance policies throughout the term of the Agreement.

17. Confidentiality and security of information

Each party undertakes not to disclose to third parties any confidential information exchanged in the course of the Agreement and/or necessary for the performance of the Management Services.

Each party undertakes to consider and treat as confidential all information communicated to it under the Agreement or during the performance of the Services. Information regarding Airbnb or Luckey made available to the Management Services Provider through Services by Luckey are, in particular, part of confidential information the confidentiality of which must be protected by the parties.

This confidentiality obligation shall remain effective for a period of one year from the termination of the Agreement.

C. General terms of use for Hosts and Management Services Providers

1. Use of your Account

You must ensure that your Account information is up to date.

You must also immediately inform Luckey if you suspect that your login details have been lost, stolen, or that your Account is otherwise compromised.

2. Use of Services

You agree to use Services, including Technological Tools, in accordance with these Terms and, more generally, in accordance with any rules applicable to the use of such Services, including the applicable Airbnb Policies.

Services are provided by Luckey to Hosts and Management Services Providers for free. Thus, no remuneration shall be paid to Luckey for the provision of said Services.

Luckey does not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of Services. Verifications of users on the Internet is difficult and we do not warrant that verification, identity or background checks conducted on Users (if any) will identify past misconduct or prevent future misconduct.

3. Duration

The Agreement is entered into for an indefinite term and shall remain in force until terminated in accordance with these Terms.

4. Suspension of access to the Services

If (i) you breach these Terms, (ii) you breach the applicable laws, regulations or the rights of third parties, or (iii) such action is necessary to protect the property or security of Luckey, other Users or third parties, Luckey will notify you of any identified breaches and/or measures considered, and may suspend or limit your access to Services and/or your Account as of such notification. If you wish to challenge the suspension or the measures envisaged by Luckey, you can appeal this decision by contacting our customer service department at the following email address: hostingservices@airbnb.com.

Similarly, if Luckey is informed that you committed a serious breach of the Airbnb Policies, Luckey will notify you of any identified breaches and/or measures considered, and may suspend or limit your access to Services as of such notification.

5. Amendment of the Terms

Luckey may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Services and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 15 days before the date they become effective.

If you disagree with the revised Terms, you may terminate the Agreement by notifying us of your decision at hostingservices@airbnb.com. Such termination shall be effective 15 days after the notification of your intention to terminate the Agreement.

If you do not terminate your Agreement before the date on which the revised Terms become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms.

6. Regulatory obligations and compliance with regulations

Hosts, when acting as professionals within the meaning of the French Consumer Code, and Management Services Providers are required to comply with all their civil, tax and social security obligations, including their obligations to report and pay all taxes or social security contributions due in respect of such activities.

For more information on your obligations, please refer to the Responsible Hosting page of the Airbnb Platform.

In addition, Hosts and Management Services Providers are generally required to comply with all their legal or regulatory obligations in connection with the use of Services and the provision of the Management Services. To this end, Luckey reserves itself the right to verify, at any time, the compliance of Hosts and/or Management Services Providers with these legal or regulatory obligations.

7. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of France.

In the event of a dispute arising out of or in connection with the Agreement, the parties agree to seek amicable relief prior to bringing any legal action in front of a court.

Failing to achieve amicable relief within 15 days, the parties agree that the Commercial Court of Paris shall have exclusive jurisdiction over any dispute or claim relating to the validity, interpretation and/or termination of the Agreement.

If the Host is a consumer, it may also seek mediation for free. Luckey adheres to the mediation services of the MEDIMM@lOCONSO association established at the following address: 3 avenue Adrien Moisant 78400 Chatou - http://medimmoconso.fr. The mediator’s services may be used, after unsuccessful attempts to reach amicable relief of any consumer dispute. You will find more information on how to refer a dispute to the mediator at http://medimmoconso.fr/adresser-une-reclamation/.

Hosts (acting as professionals) and Management Services Providers can also address any claim related to Services to the Luckey’s internal complaints system. To this end, any claim must be addressed to the following email address: hostingservices@airbnb.com.

Moreover, if Hosts (acting as professionals) and Management Services Providers are not satisfied with the solution provided by Luckey’s internal system handling claims or do not wish to use such service, they can seek mediation by contacting the CMAP (https://www.cmap.fr/le-cmap/nous-saisir), or the CEDR (https://www.cedr.com/p2bmediation/). In case of mediation, Luckey shall bear a reasonable portion of the total costs.

8. Miscellaneous

a. Interpretation of these Terms

Except as may be supplemented by additional terms, conditions, policies, guidelines, standards and in-product disclosures, the Agreement constitutes the entire agreement between Luckey and Users pertaining to your access to or use of the Services and supersedes any and all prior oral or written understandings or agreements between Luckey and Users.

b. Assignment

You may assign, transfer or delegate your rights and obligations under the Agreement with prior written notification to Luckey. Luckey may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

c. Force Majeure

Luckey shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, epidemics or diseases, strikes or shortages of means of transport, fuel, energy, labour or materials.

d. Communications

You will receive administrative communications from us using the email address or other contact information you provide for your Airbnb account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to benefit from our commercial operations if you disable certain communication settings or if you do not have an Airbnb account.