Company Identification
The company EAE-IMMO STUDAPART (hereinafter referred to as "Studapart") is a simplified joint-stock company (société par actions simplifiée) with a share capital of 17,165.00 euros, whose registered office is located at 251 rue Saint-Martin – 75003 Paris, registered with the Paris Trade and Companies Register under No. 790 562 813.
Studapart can be contacted at the following details:
Email address: support@studapart.com
Telephone number: 01 80 92 64 01
Services Offered
Studapart publishes and operates a platform accessible online under the main domain name https://www.studapart.com/fr allowing:
universities or schools to provide their students with a personalized and high-performance tool dedicated to online housing reservations near their campuses and universities;
tenants in search of housing (the "Tenants"), and professionals (the "Professionals") or owners (the "Owners") who wish to rent out their housing (together the "Lessor(s)"), to have access to a platform dedicated to online housing reservations,
(the "Services").
The Services are also made accessible via any variation, extension, subdomain, or specific URL implemented by Studapart, notably within the framework of institutional or academic partnerships. All of these digital environments, including all of their versions, interfaces, and functionalities, are referred to herein, individually or collectively, as the "Platform."
Definitions
In the General Terms and Conditions, words or expressions beginning with a capital letter have the following meaning:
Listing(s): refers to any housing rental offer referenced on the Platform.
Lessor Space: refers to the virtual space allocated to Owner Lessors and, in certain cases, to Professional Lessors. The creation of this Lessor Space for Professional Lessors depends on the conditions provided for in the partnership contract concluded with Studapart. This Lessor Space is accessible by entering the Lessor's personal credentials on the Platform;
Booking Fees: refers to the fees paid by the Tenant to Studapart when they reserve housing via the Platform.
Service Fees: refers to the fees invoiced to Lessors upon the Booking of their housing by a Tenant.
Tenant(s): refers to any natural person looking for housing who has a Tenant account on the Platform;
Professional(s): refers to the natural or legal person owning housing who has an account on the Platform and a partnership contract with Studapart;
Owner(s): refers to the natural or legal person owning housing who has an account on the Platform and a Lessor Space;
Booking: refers to any reservation of housing made by the Tenant via the Platform with an Owner resulting, for the Lessor, in the payment of Service Fees on the Platform.
Information on the General Terms and Conditions
Functions of the General Terms and Conditions
These general terms and conditions (the "General Terms and Conditions") constitute the sole document governing Studapart's contractual relationship with the Lessor(s) and define the terms of use of its Services and the respective obligations of the parties. The General Terms and Conditions are not applicable to Tenants (see Tenant T&Cs).
Location of the General Terms and Conditions
The Lessor can find them via a direct link at the bottom of the Platform's pages.
Modalities of Acceptance of the General Terms and Conditions
The Lessor accepts the General Terms and Conditions by checking a box in the registration form. If they do not accept the General Terms and Conditions in their entirety, they cannot access the Services. They may be supplemented by special conditions, which, in the event of a contradiction, prevail over the General Terms and Conditions.
Modification of the General Terms and Conditions
Studapart reserves the right to modify these General Terms and Conditions at any time, and will inform the Lessor by any written means (and notably by email) at least 30 calendar days before their entry into force. The modified General Terms and Conditions are applicable from their entry into force. If the Lessor does not accept these modifications, they must unsubscribe from the Services according to the terms provided in the "End of Services" article, which will result in the delisting of their Listings and profile. If the Lessor continues to use the Services after the date of take effect of the modified General Terms and Conditions, Studapart considers that the Lessor declares having taken note of the updates and accepts all modifications made thereto.
Articulation with the General Terms and Conditions of the Payment Service Provider
Studapart is in no way a banking institution or a payment service provider. All payments relating to the Services provided on the Platform are managed by the payment service provider indicated on the Platform (the "Payment Service Provider"). The Lessor will contract directly with the Payment Service Provider regarding the implementation of these payments, by accepting its general terms and conditions, via a checkbox on the Platform.
Conditions and Modalities of Access to the Services
Conditions of Access to the Services
To use the Services, the Lessor must:
Be a natural person with full legal capacity, or a legal person acting through a natural person with the power or authorization required to contract in the name and on behalf of the Lessor;
Hold the status of:
Either a consumer, understood as any natural person who acts for purposes that do not fall within the scope of their professional activity;
Or a professional, understood as any natural person, acting for purposes falling within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including when acting in the name and on behalf of another professional.
Modalities of Access and Subscription to the Services
In order to benefit from the Services, the Lessor must have a telephone or a computer allowing them to access the Platform. To subscribe to the Services, the Lessor must:
fill out the registration form provided for this purpose on the Platform, or
be registered on one of the third-party sites indicated on the Platform, use their login credentials from the selected third-party site. They expressly authorize Studapart to access their account data on the relevant third-party site.
They must provide Studapart with all information marked as mandatory, in particular:
First and last name;
Email address;
Telephone number;
Password. In the absence of providing this information, the Services will not be accessible.
By registering as an "Owner," the user confirms that they are not acting for a real estate agency or a residence, which are professionals whose account creation and management are distinct. The registration confirmation sent by email by Studapart automatically leads to the opening of an account in the name of the Lessor (the "Lessor Space") which allows them to access the Services using their login ID and password.
Description of Services
The Services
Before any subscription, the Lessor acknowledges that they can take note of the characteristics of the Services and their constraints, notably technical ones, on the Platform. The Lessor acknowledges that the implementation of the Services requires being connected to the internet and that the quality of the Services depends on this connection, for which Studapart is not responsible. The Lessor specifically has access to the following Services:
The Posting of Rental Listings
The creation of a Lessor Space allows the Lessor to post housing rental Listings on the Platform. For the Listing to be considered valid and capable of being distributed on the Platform, the Lessor undertakes to provide accurate, sincere, and complete information, according to the following categories:
Identification and Nature of the Property
The Lessor must indicate:
The location of the housing;
The typology of the rental offer:
Entire housing: the Lessor makes the entire housing unit available to the Tenant.
Room in a flatshare: the Lessor makes a room in a shared housing unit available to the Tenant.
Room in a private home: the Lessor makes a room in their own home available to the tenant.
Housing in exchange for services: the Lessor provides their housing at a preferential rent, in exchange for services provided by the Tenant.
The category of the real estate property: precision of the nature of the building (a house or an apartment, it being specified that a studio is considered an apartment);
The rental regime: if the housing is furnished or not.
The Technical and Descriptive Characteristics of the Housing
The Lessor must detail the following elements:
The layout of the premises: the hosting capacity, the number of rooms and bedrooms in the case of entire housing, the number of bathrooms;
The surface areas: the living area in $m^2$, and for flatshares or rooms in private homes, the private area made available to the Tenant;
The position in the building: the floor in the case of an apartment and the number of floors in the building;
The description: a text of at least one hundred and fifty characters about the housing;
The energy performance report of the housing.
Rental and Financial Conditions
The Lessor must set the following occupancy modalities:
The rent and charges: the monthly amount of the rent excluding charges, as well as the amount and description of associated charges;
The eligibility of the housing for state aid;
The availability dates of the housing;
The minimum desired length of stay.
Optional Information and Content
The Lessor has the option to enrich their Listing with the following elements:
The amount of the security deposit (which cannot exceed one month's rent excluding charges for an unfurnished housing and two months' rent excluding charges for a furnished housing);
The equipment provided as part of the rental;
Photographs of the housing. The Lessor guarantees that these photographs effectively correspond to the advertised housing.
Distribution, Visibility, and Referencing of Listings
Distribution and Reach of the Listing
The Listing is published on the Platform for Tenants. The Lessor has the possibility to verify at any time via their Lessor Space if their Listing is effectively distributed. The Listing created may also be distributed on third-party partner sites of Studapart. These partners may be third-party platforms or the platforms of partner establishments, universities, and schools. Booking requests made on an offer distributed by Studapart on a third-party site are processed under the same conditions as requests made on the Platform, insofar as the Tenant must confirm that their profile and their request correspond to the rental conditions filled in by the Lessor on the Platform. The distribution of Listings on third-party sites in partnership with Studapart is not immediate or systematic. The mention "distributed" in the Lessor Space therefore does not mean that the Lessor will be able to find the created Listing directly online on a partner site.
Modalities of Referencing and Ranking
The referencing and the display order of the Listings on the Platform depend on the following criteria:
The criteria searched for by the Tenant (location, rent price, etc.);
The completion rate of the information in the Lessor's profile and the information in their Listing: the more complete the profile and the Listing, the more the Listing will be highlighted in the search engine rankings on the Platform;
The number of Bookings made by the Lessor on the Platform: the higher this number, the more the Listing will be highlighted;
The response rate of the Lessor to Tenant requests on the Platform: the more the Lessor responds to candidate Tenants, the more their Listing will be highlighted in the search engine rankings on the Platform.
Modalities of Delisting of Listings
A Listing may be delisted from the Platform according to the following modalities:
Automatic delisting: the Listing is withdrawn from the results for a given period as soon as a Booking on the Platform is confirmed on this availability range.
Manual delisting: from their Lessor Space, the Lessor can activate or deactivate the referencing of a Listing, or set this referencing according to a calendar.
Delisting as a sanction: any Listing may be delisted from the Platform by Studapart as a sanction as soon as the Lessor contravenes their contractual, legislative, and regulatory obligations. Reasons for delisting notably include:
The violation of an Essential Obligation, as defined in the article "Sanction in case of breach" (for example: bypassing the Platform, non-compliant housing);
The violation of the rules for moderation of Listings (illicit content, offensive remarks, misleading photos).
In the event of delisting as a sanction, Studapart will notify the Lessor, without delay, of a statement of the reasons justifying the sanction. If the delisting is motivated by a remediable breach, Studapart may grant a period for compliance before final withdrawal. In the event of serious or repeated breaches, Studapart may proceed with the immediate delisting of the Listing. The Lessor has the possibility to contest the delisting decision by submitting a claim to the address: support@studapart.com. Studapart undertakes to process the request as soon as possible and to restore the Listing if the contestation proves to be founded.
Receipt and Examination of Tenant Applications
The Platform allows the Lessor to centralize and study rental requests corresponding to the criteria defined in their Listing. The Lessor is informed in real time of each new application by the sending of an electronic notification (email and/or SMS). A secure link allows the Lessor to access the internal messaging system of the Platform directly to initiate exchanges with the candidate. The Lessor can consult the rental file of each candidate directly from the messaging interface. They have the option to view and download the supporting documents constituting the rental file in order to proceed with their analysis.
Accompaniment by Studapart
Studapart provides the Lessor with assistance in the use of the Platform's functionalities. This accompaniment notably includes:
Assistance with getting started with the Platform;
User support: the Lessor can request personalized assistance via the integrated messaging system or customer support to resolve any difficulty related to the use of their Lessor Space.
Optional Services
The Lessor may subscribe, at their discretion, to the Optional Services described and available on the Platform, and in particular:
The Visibility Optimization Service: Studaboost
Studaboost is a paid and optional functionality proposed by Studapart allowing for the optimization of the exposure of one's Listing. The activation of this option guarantees the Lessor a priority highlighting of the Listing on the Platform. The use of Studaboost is subject to the following conditions:
Eligibility: The Studaboost Service is available to any Lessor, whether they are an Owner or a Professional.
Duration of validity: Studaboost is active until the conclusion of the Housing Booking or until its manual deactivation by the Lessor.
Financial Conditions: Studaboost is a paid service. The price of this Service is indicated on the Platform at the time of the Booking request. The Lessor is informed that the cost varies depending on the city where the housing is located and is invoiced on the first month's rent, once the housing is rented.
The Studaboost Service is invoiced as soon as a Booking is concluded by a Tenant whose initial contact with the Lessor was facilitated by the Studaboost option. The Lessor thus expressly recognizes and accepts that the Studaboost fees are due under the following conditions:
Booking on the boosted Listing: the invoicing of the Studaboost Service applies to any Tenant who has formulated a request for reservation or contact with the Lessor on a Listing while the Studaboost option was active, and who has finalized their Booking on this same Listing.
Booking consecutive to a contact via Studaboost: the invoicing of the Studaboost Service also applies if the Tenant initiated their first contact with the Lessor via a Listing benefiting from Studaboost, but finally concluded their Booking for another housing unit belonging to the same Lessor, even if this second housing unit did not benefit from the Studaboost option.
Obligation of means: although the Studaboost Service aims to improve the visibility of the Listing, Studapart does not guarantee the rental of the housing within a specific period, nor a minimum number of applications.
Cancellation and refund: by subscribing to the Studaboost Service, the Lessor acknowledges that they do not benefit from a right of withdrawal, in accordance with the provisions provided for in the article "Lessor's right of withdrawal" of these General Terms and Conditions. As a consequence of the waiver of the right of withdrawal, the Studaboost Service is not refundable. In the event of cancellation of the Booking, this Studaboost will still be invoiced to the Lessor.
Delegated Management Services (provided by Studapart partners)
Studapart facilitates the contact between the Lessor and third-party partners for the execution of technical and logistical services, notably:
Inventory services: carrying out entry and exit reports by qualified professionals;
Real estate concierge services: global assistance with the rental management and logistics of the housing.
The Lessor recognizes that these services are provided by independent third parties. Consequently, the subscription to these services leads to the formation of a direct contract between the Lessor and the relevant partner. Recourse to these services is subject to the prior and unreserved acceptance of the service provider's general terms and conditions. Studapart declines all responsibility as to the execution, quality, or any disputes arising from these third-party services.
Electronic Signature Tool for the Lease Agreement
To facilitate the formal conclusion of the lease, Studapart offers a certified electronic signature tool. This service is available for housing that has been subject to a Booking on the Platform. The Lessor recognizes that the electronic signature process is governed by the general terms of use of the third-party provider selected on the Platform, and guarantees that they have taken note of and accepted the applicable general terms before accessing the electronic signature service.
Insurance
Studapart allows the Lessor to benefit from two insurance products as part of the Booking:
the Studapart Guarantee covering unpaid rents (the "Studapart Guarantee");
and the Studapart Protection against Movable and Immovable Damage (the "Studapart Protection").
The Lessor is free not to subscribe to the Studapart Guarantee as part of the online Booking process, which is offered as an ancillary, free, and optional service. The Owner Lessor subscribes for free to the Studapart Protection against movable and immovable damage for each Booking, with the exception of properties located outside of France.
The Professional Lessor will benefit from this option only if they propose a Studapart Guarantee to their Tenants during the Booking. The implementation conditions, caps, and exclusions of these guarantees are detailed in the information notices annexed to the General Terms and Conditions. The Lessor acknowledges having taken note of these annexes before any finalization of a Booking. Studapart is subject to an exclusivity link with the insurance broker INSURED Services, a Simplified Joint-Stock Company with a capital of 351,700 euros, whose registered office is located at 12 rue Saint Antoine du T, 31000 Toulouse, registered with the Toulouse Trade and Companies Register under number 793 993 890 and with the Unique Register of Insurance, Banking and Finance Intermediaries under number 14000256 as an Insurance or Reinsurance Broker (COA). Studapart in no way acts in the capacity of an insurance establishment or broker. Studapart's role is strictly limited to the transmission of information notices and the payment of insurance premiums as a subscriber on behalf of the Lessor. All insurance and guarantee services are insured by the companies Allianz, Mila, and Seyna, approved partners specialized in these services, and the insurance broker INSURED Services.
Any dispute or claim relative to the Studapart insurance intermediary mandate must be made to the company INSURED Services. Studapart can in no case be held responsible for the settlement of claims or the application by the company INSURED Services or the insurer ALLIANZ, MILA, and SEYNA of their obligations towards the Lessor. Studapart provides no guarantee as to the performance and quality of this offer compared to other offers on the market, about which it is the Lessor's responsibility to inform themselves, it being recalled that they are free to use any type of insurance from a third party for the property reserved via the Platform. If the response provided by the company INSURED Services does not satisfy the Owner, the latter can contact the Prudential Control and Resolution Authority (ACPR) by filling out the form on https://acpr.banque-France.fr/formulaire_transmission_information/assurance or by mail to the following address: ACPR Direction du contrôle des pratiques commerciales 61 rue Taitbout 75436 PARIS CEDEX 09 Once the online Booking is finalized, the confirmation email and all other legal information will be sent to the Lessor by the company INSURED Services.
Studapart Guarantee against Unpaid Rents
Each Lessor has the option to condition the acceptance of a Booking on the subscription, by the Tenant, to the Studapart Guarantee. In this event, the Tenant is informed that the final validation of their Booking is subject to their acceptance of subscribing to the said guarantee and the payment of the fees related thereto. The Studapart Guarantee will be subscribed to by the Tenant after the payment of the Booking on the Platform by the latter. The Lessor is expressly informed that this Studapart Guarantee does not apply:
When the Lessor is not bound by a lease compliant with the regulations, which it is the Lessor's responsibility to submit for the Tenant's signature;
For all other reasons for exclusion of guarantee provided for in the information notice which the Lessor guarantees they have taken note of.
The Lessor is solely responsible for compliance with their obligations as a landlord and as an insured under this Studapart Guarantee. As such, the Lessor is notably informed and warned, subject to their own verifications and any possible evolution of the law, that:
From the time of Booking, it is their responsibility to conclude with the Tenant a lease compliant with the legislation in force, it being specified that Studapart does not carry out any verification or control on this point. Studapart does not guarantee that the Tenant will accept the lease agreement proposed by the Lessor, nor that the insurer or the insurance broker will consider this act as valid in the event of a dispute. The amount of rent guaranteed under the Studapart Guarantee is exclusively that indicated on the Platform during the Booking;
Under the conditions provided for by law no. 89-462 of July 6, 1989, notably in its article 22, a guarantee (cautionnement) cannot be requested by a landlord who has subscribed to insurance, or any other form of guarantee, guaranteeing the rental obligations of the Tenant, except in the case of housing rented to a student or an apprentice;
Under the conditions provided for in article 31, I of the General Tax Code (CGI), the Lessor can only deduct as property charges, for the determination of their taxable income, the premiums actually paid in the tax year and which can be justified using insurance contracts and payment receipts.
Protection against Movable and Immovable Damage
The benefit of the Studapart Protection is determined according to the status of the Lessor at the time of the Booking:
For Lessors who are private Owners: the acceptance of a Booking leads to the automatic and free subscription to the Studapart Protection, whether or not the Tenant has subscribed to the Studapart Guarantee (GLI);
For Lessors who are Professionals: the benefit of the Studapart Protection is subject to the prior subscription to the Studapart Guarantee (GLI) by the Tenant. In the absence of a Studapart Guarantee, no Studapart Protection is activated for these categories of Lessors.
This guarantee covers the Lessor for the entire rental period entered on the Platform and is limited, per claim, to €3,000 for immovable deterioration and €1,500 for movable deterioration. Notwithstanding the foregoing, the total amount of the guarantees for protection against damage cannot exceed a global cap of €20,000 distributed as follows:
€10,000 for immovable deterioration;
€10,000 for movable deterioration.
In the event of an extension of the lease initially concluded, the Lessor undertakes to inform Studapart's partner INSURED at least one day before the initially scheduled end date of the rental. The Lessor is expressly informed that the Studapart Protection does not apply:
If the Tenant has not made the online booking on the Platform;
If no contradictory entry and exit inventory has been carried out, making the damage not opposable to the Tenant;
To damage covered by a comprehensive home insurance policy;
For all other reasons for exclusion provided for in the information notice which the Lessor guarantees they have taken note of;
If the invoices for repair / restoration / replacement following the deterioration are not presented.
The implementation of protection against movable and immovable damage is subject to a deductible equivalent to one month's rent. The payment of this deductible is the exclusive responsibility of the Lessor, and not Studapart, in order to benefit from the compensation.
Additional Services
Maintenance
The Lessor benefits from maintenance, notably corrective and evolutionary, during the term of the Services. In this context, access to the Platform may be limited or suspended. Regarding corrective maintenance, Studapart makes its best efforts to provide the Lessor with corrective maintenance in order to correct any malfunction or bug noted on the Platform. Regarding evolutionary maintenance, the Lessor benefits from evolutionary maintenance during the term of the Services, which Studapart may carry out automatically and without prior information, and which includes improvements to the Platform's functionalities, the addition of new functionalities and/or technical installations used as part of the Platform (aiming to introduce minor or major extensions). Access to the Platform may also be limited or suspended for planned maintenance reasons, which may include the aforementioned corrective and evolutionary maintenance operations.
Hosting
Studapart ensures, in terms of an obligation of means, the hosting of the Platform, as well as the data produced and/or entered on the Platform, on its servers or through a professional hosting provider, and on servers located within the territory of the European Union.
Technical Assistance
In the event of a difficulty encountered during the use of the Services, the Lessor can contact Studapart at the details mentioned in the article "Company Identification." The technical assistance service is accessible Monday to Friday, excluding non-working days or public holidays, from 9 a.m. to 5 p.m. Depending on the identified need, Studapart will estimate the response time and keep the Lessor informed.
Duration of Subscription to the Services
The Lessor subscribes to the Services for an indefinite period. They may terminate their use of the Services under the conditions of the article "End of Services."
Financial Conditions of Studapart
Price of the Services
Registration on the Platform, the creation of the Lessor Space, and the publication of Listings on the Platform are carried out free of charge. Fees become due as soon as a Booking is confirmed on the Platform (the "Fees"). The calculation methods and scales of these Fees are described on the Platform, and where applicable on the sites of Studapart partners. As such, and prior to the validation of any payment, the Lessor has access to the full detail of the sums due. These include notably:
the Studapart Service Fees, corresponding to the remuneration for the connection service and access to the Platform's tools, deducted from the amount of the first rent;
the fees resulting from the subscription to optional services, which they freely choose to benefit from, offered on the Platform by Studapart (notably the Studaboost Service), or by Studapart partners.
Settlement and Payment Conditions of the Lessor
As part of the use of the Platform, the Lessor may be required to receive sums from online payment. As such, the Lessor undertakes to transmit to Studapart, as part of the reservation of their housing, their date of birth, their address, as well as an up-to-date bank identity statement (RIB). Otherwise, no Booking of the property appearing in the Listing can be made by a Tenant. The Booking gives rise to the payment by the Tenant of various fees via the Platform. This amount, the value of which may vary according to the Lessor's profile, is detailed on the Platform and collected by the Payment Service Provider and kept in a separate secure account. The amount of the first rent is paid to the Lessor within 48 hours following the start date of the rental scheduled during the Booking. For Lessors who are Professionals, the payment conditions are governed by the specific stipulations of their partnership contract concluded with Studapart. The Lessor is expressly informed that:
The first rent paid on the Platform cannot be equated with a security deposit or file fees specific to the Lessor, which it is their responsibility to recover directly from the Tenant, outside the Platform;
The Platform does not ensure the collection of subsequent rents.
Billing Mandate in Favor of the Lessor
Within the framework of these General Terms and Conditions, the Lessor, as the principal, entrusts Studapart, as the agent, in compliance with the applicable economic and tax rules, with the establishment and issuance of their invoices. In this regard, the Lessor expressly gives Studapart a mandate to establish original invoices in their name and on their behalf related to the provision of the Services and this in accordance with the tax and economic regulations in force, and in particular the provisions of articles 289, I-2 and 242nonies, I (Annex 2) of the General Tax Code. It is their responsibility to indicate to Studapart whether or not they are subject to VAT and all the information necessary for the establishment of their invoices. The said invoices will be available to the Lessor in their Lessor Space from the time the Tenant takes possession of the premises.
Billing and Payment Modalities of Studapart
The Service Fees paid by the Lessor at the time of a Booking are directly debited by the Payment Service Provider from the amount of the first rent paid by the Tenant. As soon as the success of the payment is confirmed by the Payment Service Provider, an invoice is automatically generated and made available to the Tenant within their Lessor Space.
Lessor's Right of Withdrawal
The Lessor does not benefit from the right of withdrawal since the Services concern the provision of digital content not provided on a material medium and the Lessor has expressly (i) accepted that the Services begin upon their acceptance of the General Terms and Conditions and (ii) waived their right of withdrawal.
Intellectual Property Rights
Intellectual Property Rights on the Platform
The Platform is the property of Studapart, as are the software, infrastructures, databases, and content of any nature (texts, images, visuals, music, logos, trademarks, etc.) that it operates. They are protected by all intellectual property rights or rights of database producers in force. The license that Studapart grants to the Lessor does not entail any transfer of ownership. The Lessor benefits from a non-exclusive, personal, and non-transferable license in SaaS mode to use the Platform for the duration provided for in the article "Duration of Subscription to the Services."
Intellectual Property Rights on Content and Testimonials
By subscribing to the Services, the Lessor recognizes that the content of any nature that they publish on the Platform - including the Listings - (the "Content") is distributed in a spirit of community exchange. The Lessor may also provide testimonials concerning their use of the Services. Consequently, the Lessor consents to Studapart being able to:
distribute the Content and testimonials free of charge on the Platform and on all other French or foreign websites, published by any companies with which Studapart has agreements, by any means and on any medium, for the purposes of promoting the Platform,
translate the Content and testimonials into any language,
modify (notably the framing, format, and colors) and/or adapt the Content and testimonials (notably to the technical constraints of the Platform (alterations or degradations in their quality)).
The Lessor guarantees Studapart that they hold all the necessary rights (notably copyright, image rights, etc.) so that the Content can be distributed on the Platform. They guarantee that no third party holds any copyright, intellectual property right, or any other right or interest relative to the Content and guarantee that these do not infringe the rights of third parties. In the event of a breach of these obligations, the Lessor will be held liable and will be required to fully compensate for any prejudice suffered by Studapart resulting from their actions or any claim made by a third party against the Content.
Obligations and Responsibility of the Lessor
Regarding the Provision of Information
The Lessor undertakes to provide Studapart with all the information necessary for the subscription and use of the Services.
Regarding the Lessor Space
The Lessor:
guarantees that the information transmitted in the form is accurate and undertakes to update it,
recognizes that this information serves as proof of their identity and binds them from its validation,
is responsible for maintaining the confidentiality and security of their login and password. Any access to the Platform using the latter is deemed to have been carried out by them. The Lessor must immediately contact Studapart at the details mentioned in the article "Company Identification" if they notice that their Lessor Space has been used without their knowledge. They recognize that Studapart will have the right to take all appropriate measures in such a case.
Regarding the Use of the Services
The Lessor is responsible for their use of the Services and for any information they share in this context. They undertake to use the Services personally and not to allow any third party to use them in their place or on their behalf. The Lessor is prohibited from diverting the Services for purposes other than those for which they were designed, and notably to:
carry out an illegal or fraudulent activity,
prejudice public order and good morals,
prejudice third parties or their rights, in any way whatsoever,
violate a contractual, legislative, or regulatory provision,
carry out any activity of a nature to interfere with the computer system of a third party, notably for the purposes of violating its integrity or security,
carry out maneuvers aimed at promoting their services and/or sites or those of a third party,
help or incite a third party to commit one or more of the acts or activities listed above.
The Lessor is also prohibited from:
copying, modifying, or diverting any element belonging to Studapart or any concept that it operates as part of the Services,
adopting any behavior of a nature to interfere with or divert Studapart's computer systems or prejudice its computer security measures,
prejudicing Studapart's financial, commercial, or moral rights and interests,
marketing, transferring, or giving access in any way to the Services, to the information hosted on the Platform, or to any element belonging to Studapart. The Lessor is responsible for Content of any nature that they distribute as part of the Services, and notably for the distribution of Listings.
The Lessor accepts that Content distributed on the Platform is made public by default and is liable to be seen by other users of the Platform. The Lessor is prohibited from distributing any Content (this list is not exhaustive):
prejudicing public order and good morals (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, offensive, violent, racist, xenophobic, or revisionist),
prejudicing the rights of third parties (infringing content, infringement of personality rights, etc.) and more generally violating a contractual, legislative, or regulatory provision,
harmful to third parties in any way whatsoever,
untruthful, misleading, or proposing or promoting illicit, fraudulent, or deceptive activities,
harmful to the computer systems of third parties.
The Lessor is responsible for the relationships they may establish with the Tenant users of the Platform. They undertake to act with discernment and respect the usual rules of politeness and courtesy in their exchanges with Tenants. In the event of a Booking request or any other contact from a Tenant via the Platform concerning the rental of the property subject to their Listing, the Lessor undertakes to finalize the Booking exclusively via the Platform. As such, the Lessor is prohibited from contacting, by any means whatsoever, the other users of the Platform for the purposes of bypassing the Services and notably proposing the rental of their housing outside the Platform. Studapart may automatically prevent in the exchange tools between Tenants and Owners or Professionals the possibility of providing email addresses and telephone numbers with a view to proceeding with a reservation outside the Platform. The Owner or the Professional expressly accepts that electronic messaging tools can automatically detect certain keywords. Studapart may, where appropriate, take all measures it deems necessary with regard to Lessors who do not comply with the aforementioned bypass prohibition. The Lessor guarantees Studapart against any claim and/or action that could be taken against it following the violation of one of the Lessor's obligations. The Lessor will indemnify Studapart for the prejudice suffered and will reimburse it for all sums it might have to bear as a result.
Regarding the Housing Offered by the Lessor
The Lessor guarantees that they are the owner of the housing they offer for rent, or that they have all the necessary authorizations in order to offer this housing for rent.
The Lessor is solely responsible for the compliance of the housing offered with the legal and regulatory provisions in force. As such, they undertake notably to respect the following obligations:
The Lessor undertakes to offer a decent and healthy housing, presenting no manifest risk to the physical security or health of the Tenant. The posting of a Listing for a housing qualified as unsanitary is strictly prohibited, notably in the event of:
Presence of pests or mold;
Dangerous electrical or gas installations;
Presence of lead-based coatings;
Lack of access security (defective doors or locks).
The Lessor guarantees that the housing respects the minimum surface and equipment standards:
Dimensions: the housing must have a main room of at least 9m2 (with a ceiling height of at least 2.20 meters) or a living volume of 20 m3. In the case of a flatshare, the minimum surface area is 16m2 for two flatmates, then 9m2 per additional flatmate.
Equipment: the main room must have an opening to the open air. The housing must include a kitchen area, a sanitary installation (shower or bathtub), and a separate toilet.
Fire Safety: the Lessor guarantees the installation and proper functioning of at least one standardized smoke detector, in accordance with the regulations. The Lessor undertakes to ensure the proper functioning and maintenance of the said detector.
Regarding the Selection of the Tenant and the Rental File
The Lessor assumes full responsibility for the contractual process with the Tenant. As such:
The Lessor is the sole decision-maker in the choice of their Tenant and is responsible for the drafting as well as the signature of the rental agreement (lease).
It belongs exclusively to the Lessor to verify the accuracy, authenticity, and completeness of the documents provided by the Tenant. Studapart does not carry out any verification or consistency check of the supporting documents uploaded by Tenants to the Platform.
The Lessor undertakes to respect the legislation relative to supporting documents, notably decree no. 2015-1437 of November 5, 2015. They are prohibited from asking the Tenant or their guarantor for documents not provided for in the exhaustive list set by this decree.
Regarding their Tax and Social Obligations
As part of the connection through the Platform with other users, the Lessor is subject to tax and social obligations. Studapart recommends that they take note of them. The Lessor is responsible for all formalities and all payments incumbent upon them as part of the use of the Services. In addition, the rental of a property or a room generates legal obligations for which the Lessor is solely responsible:
Declaration of income: the Lessor is informed that they must declare all rents received to the competent authorities (notably Tax Administration, URSSAF, municipalities). Depending on their status and the nature of the rental, this income is liable to be qualified as property income or industrial and commercial profits (BIC).
Declarative responsibility: it is the Lessor's responsibility to declare the amounts actually received over the entire duration of the rental, including rents paid directly by the Tenant outside the Platform.
Sanctions: the Lessor is warned that any omission or tax fraud exposes them to reassessment procedures, as well as fines and criminal sanctions.
Obligations and Responsibility of Studapart
Studapart undertakes to provide the Services with diligence, it being specified that it is bound by an obligation of means.
Regarding the Quality of the Services
Studapart makes its best efforts to provide the Lessor with quality Services. To this end, it regularly carries out checks in order to verify the operation and accessibility of its Services and can thus carry out maintenance under the conditions specified in the article "Maintenance." Studapart is nevertheless not responsible for momentary difficulties or impossibilities of access to its Services that have as their origin:
circumstances external to its network (and notably the partial or total failure of the Lessor's servers),
the failure of equipment, cabling, services, or networks not included in its Services or which is not under its responsibility,
the interruption of Services due to telecom operators or internet access providers,
the intervention of the Lessor notably via a poor configuration applied to the Services,
a case of force majeure.
Studapart is responsible for the operation of its servers, the outer limits of which are constituted by the connection points. Furthermore, it does not guarantee that the Services:
subject to constant research to improve notably performance and progress, will be totally free of errors, vices, or defects,
being standard and in no way offered according to the personal constraints of the Lessor, will specifically meet their needs and expectations.
Regarding the Service Level Guarantee of the Platform
Studapart does not offer any service level guarantee for the Platform. However, Studapart makes its best efforts to maintain access to the Platform 24/7 except in the case of planned maintenance under the conditions defined in the article "Maintenance" or force majeure.
Regarding the Backup of Data on the Platform
Studapart makes its best efforts to backup all data produced and/or entered by/on the Platform. Except in the case of proven faults on the part of Studapart, it is nevertheless not responsible for any loss of data during maintenance operations.
Regarding Data Storage and Security
Studapart provides sufficient storage capacities for the operation of the Services. Studapart makes its best efforts to ensure data security by implementing protection measures for infrastructures and the Platform, detection and prevention of malicious acts, and data recovery.
Regarding the Publication of Content
Studapart acts in the capacity of a hosting provider for the Content that the Lessor puts online. Consequently, it is not responsible for this Content. If Studapart provides the Lessor with a template to create an offer for the rental of a property, the drafting and content of the Listings fall under the full responsibility of the Lessor and will not be subject to prior control. If Studapart receives a notification concerning illicit Content, it will act promptly to remove it or make access to it impossible, and it may take the measures described in the article "Sanctions in case of breach."
Regarding its Role as an Intermediary
Studapart acts in the capacity of a broker in the relationships between the Lessor and the Tenants. Studapart cannot therefore incur liability as part of these relationships with other users, nor be a party to any eventual disputes whatsoever. Studapart undertakes only to provide tools allowing it to ensure that:
Tenants have a valid email address;
Tenants will be able to write an introductory message in the event of a Booking request via the Platform;
Tenants making a Booking will have indicated search criteria on the Platform corresponding to the criteria indicated by the Owner for (i) the type of housing, (ii) the housing availability date, and (iii) the minimum desired rental duration.
Studapart does not guarantee any volume of business that the Lessor might achieve through the use of the Services. In addition, Studapart in no way substitutes for a real estate or legal professional. It is the Lessor's responsibility to seek their own advice for their specific rental needs. The guides, contract templates, or help articles provided on the Platform (notably via the Help Center) are communicated for information purposes only. This information, which is subject to change, does not constitute legal advice and cannot engage Studapart's liability.
Regarding Recourse to Subcontracting and Assignment
Studapart may use subcontractors as part of the execution of the Services, who are subject to the same obligations as its own as part of their intervention. It nevertheless remains solely responsible for the proper execution of the Services with regard to the Lessor. Studapart may substitute any person who will be subrogated to all its rights and obligations under its contractual relationship with the Lessor. If applicable, it will inform the Lessor of this substitution by any written means.
Limitation of Studapart's Liability
Studapart's liability is limited only to proven direct damages that the Lessor suffers as a result of using the Services. With the exception of bodily injury, death, and gross negligence, and subject to having made a claim by registered letter with acknowledgment of receipt, within a period of one month following the occurrence of the damage, Studapart's liability cannot be incurred for an amount greater than the amounts it has received as part of the provision of its Services.
Cancellation Conditions
The Booking is deemed firm and final upon acceptance by the Tenant of the rental proposal issued by the Lessor and effective payment by the Tenant, on the Platform, of the sums required to validate their file. The Lessor undertakes, by accepting the Booking, to deliver decent housing compliant with the Listing on the agreed dates. The Lessor is furthermore responsible for the proper execution of the rental agreement towards the Tenant.
Cancellation at the Initiative of the Lessor
Any cancellation of a Booking by the Lessor not arising from a duly justified case of force majeure constitutes a non-performance of their obligation to make the housing available. As a penalty clause intended to repair Studapart's operational prejudice, the Lessor is automatically liable to Studapart for an indemnity equal to 50% of the amount of the Service Fees, 50% of the amount of the Booking Fees paid by the Tenant, as well as 100% of the fees related to the Studaboost service when the latter has been subscribed to by the Lessor for the Listing concerned.
In accordance with article 1218 of the Civil Code and the provisions of the "Force Majeure" article, the Lessor's liability is set aside if the cancellation results from an external, unpredictable, and irresistible event (e.g., a natural disaster). Subject to the notification of the loss via the Lessor Space and the production of convincing proof within 48 hours following the cancellation of the Booking, no penalty is applied to the Lessor.
To be opposable to Studapart and have a discharging character, any supporting document must imperatively include the precise address of the housing subject to the Booking. Only the following documents will be admitted by Studapart:
The acknowledgment of receipt of the claim declaration;
The technical expert report (conclusions established by an expert mandated by the Lessor's insurer, identifying the causes of the loss and certifying the temporary or definitive unhabitability of the premises or the risks incurred for the safety of the occupants);
Formal correspondence from the insurer (any act or official writing emanating from the insurance company relative to the investigation of the loss).
If the cancellation by a Professional Lessor occurs less than 7 days before entry into the premises for a reason other than a justified case of force majeure, the latter undertakes to propose an equivalent substitute solution. In the event of failure, Studapart may incur emergency rehousing costs for which the Professional Lessor will be automatically liable.
Cancellation at the Initiative of the Tenant
Cancellation for legitimate reason (Lessor breach): the cancellation of a Booking by the Tenant is considered justified when it follows a contractual breach by the Lessor. Contractual breaches by the Lessor notably include:
The non-compliance of the housing (equipment, sanitation or surface area, it being specified that a difference in surface area less than or equal to 10% compared to the Listing does not constitute a breach);
The unavailability of the property due to overbooking or personal convenience;
Non-compliance with legal procedures (signing of the lease, inventory).
In such hypotheses, the cancellation is deemed attributable to the Lessor who undertakes, consequently, to return without delay all sums received for the Booking (notably the amount of the first rent if it was paid by the Tenant), without prejudice to any damages that Studapart might claim from them in compensation for the prejudice suffered. The Lessor remains liable for the Service Fees.
Cancellation for the Tenant's personal convenience: subject to any breach of their contractual obligations, the Lessor is informed that their rights to receive the first rent paid by the Tenant depend on the date of cancellation by the Tenant:
Cancellation more than 30 days before entry into the premises: the Booking is considered to be null and void. The Lessor receives no compensation and is liable for no Service Fees. The first rent, if it was paid by the Tenant, must be fully reimbursed to the latter by the Lessor.
Cancellation 30 days or less before entry into the premises: The first month's rent is acquired by the Lessor as an immobilization indemnity. In this hypothesis, the Lessor remains liable for the Service Fees to the Platform, which are debited from the amount of the rent.
Cancellation after the date of entry into the premises: if the reason for cancellation is not a breach by the Lessor, the Lessor retains the benefit of the first month's rent. The Service Fees remain fully due to the Platform by the Lessor and are debited from the first month's rent.
Any termination of the lease after taking possession of the premises is subject to the ordinary law of leasing (Law of July 6, 1989 or Civil Code). The Service Fees collected by Studapart during the initial reservation are deemed definitively acquired and will not be subject to any refund.
Admissible Proof
Proof can be established by any means. The Lessor is informed that messages exchanged through the Platform as well as data collected on the Platform and Studapart's computer equipment constitute one of the admissible modes of proof, notably to demonstrate the reality of the Services performed and the calculation of their price.
Modalities for Processing Personal Data
The parties undertake, each as far as they are concerned, to comply with all legal and regulatory obligations incumbent upon them regarding the protection of personal data, notably Law 78-17 of January 6, 1978 in its latest modified version known as the Data Protection Act and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 (together the "Applicable Regulations"). To find out more about the processing carried out by Studapart, the Lessor is invited to read Studapart's privacy policy available on the Platform.
Force majeure
Studapart cannot be responsible for breaches or delays in the performance of its contractual obligations due to a case of force majeure occurring during the duration of its relationship with the Lessor, as defined in article 1218 of the Civil Code. If Studapart is prevented from performing its obligations due to a case of force majeure, it must inform the Lessor by registered letter with acknowledgment of receipt. Obligations are suspended upon receipt of the letter, and must be resumed within a reasonable period as soon as the case of force majeure ceases. Studapart nevertheless remains bound by the performance of obligations that are not affected by a case of force majeure.
End of Services
The Owner is free to unsubscribe from the Services at any time, directly and free of charge through the functionality provided for this purpose via their Lessor Space. Studapart confirms to the Owner, electronically, their unsubscription from the Platform Services, their unsubscription taking effect on the date of this confirmation by Studapart. The deletion of the Lessor Space is final and the Owner will not be able to recover their data. Listings will be automatically delisted. The Professional is subject to a contract and cannot close their Lessor Space without prior notification and agreement from Studapart or in accordance with the contractual framework previously agreed by both parties. Studapart may delete any Lessor Space if it has remained inactive for a continuous period of more than 24 months.
Sanctions in Case of Breach
The following constitute essential obligations for the Lessor (the "Essential Obligations"):
The obligation to finalize any reservation resulting from a connection on the Platform through Studapart's online reservation and payment tool. Any bypass (direct payment, incitement to deal outside the Platform) is strictly prohibited.
The payment of Service Fees,
Not providing erroneous, incomplete information to Studapart,
Respecting the usual rules of politeness and courtesy in exchanges with Studapart and Tenants,
Not using the Services for a third party,
Not carrying out illegal, fraudulent activities or activities prejudicing the rights or security of third parties, the prejudice to public order or the violation of laws and regulations in force,
making the housing available to the Tenant.
In the event of a breach of one of these Essential Obligations, Studapart may:
suspend or delete the Lessor's access to the Services,
delete any Content in connection with the breach,
publish on the Platform any information message that Studapart deems useful,
warn any competent authority, cooperate with it and provide it with all information useful for the investigation and suppression of illegal or illicit activities,
initiate any legal action. These sanctions are without prejudice to any damages that Studapart might claim from the Lessor.
In the event of a breach of any obligation other than an Essential Obligation, Studapart will ask the Lessor by any useful written means to remedy the breach within a maximum period of 15 calendar days. The Services will end at the end of this period in the absence of regularizing the breach. The end of the Services results in the deletion of the Lessor Space.
Autonomy of the General Terms and Conditions, Severability and Non-Waiver
The General Terms and Conditions represent the entirety of the commitments existing between the parties. The invalidity or inapplicability of any of the stipulations of the General Terms and Conditions will not entail the invalidity of the other stipulations which will retain their force and scope. The parties will then come together to settle in good faith the necessary amendments so that each of them finds itself in an economic situation comparable to that which would have resulted from the application of the clause struck by nullity. The absence or waiver, by a party, to exercise or assert any right that the General Terms and Conditions would confer upon it can in no case be equated with a waiver of that right for the future, the said waiver only producing effect for the event considered.
Language
The French language prevails in the event of a contradiction or dispute over the meaning of a term or a provision.
Mediation
In the event of a dispute between the Lessor as a consumer and Studapart, the Lessor may have recourse free of charge to the following consumer mediator with a view to an amicable resolution:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Telephone: 01 89 47 00 14
If the Lessor is a foreign consumer but located in the European Union, they benefit from the protection of the mandatory provisions of their country of residence. In the event of a dispute, the Lessor is invited to contact Studapart's customer service as a priority in order to seek an amicable solution. Otherwise, the Lessor can turn to national or European consumer dispute resolution mechanisms. The European Commission provides a page listing relevant national mechanisms and contact points (mediation bodies, European consumer centers, FIN-NET, etc.), accessible here.
Applicable Law and Competent Jurisdictions
The General Terms and Conditions are governed by French law. In the event of a dispute between the Lessor as a professional and Studapart, the parties undertake to make every effort to resolve amicably all disputes to which these General Terms and Conditions may give rise. In the absence of an amicable agreement within 2 months following the first notification, the dispute will be submitted to the exclusive competence of the courts of Paris (France), unless there are mandatory provisions to the contrary.
ANNEXES
CONTRAT D’ASSURANCE COLLECTIVE – GARANTIE LOCATIVE – DEGRADATIONS MOBILIRES ET IMMOBILIERES
NOTICE D’INFORMATION DU CONTRAT ASSURANCE COLLECTIVE GARANTIE LOCATIVE