OIQIA is an online and remote service platform, dedicated to renting Accommodation for short periods of time to passing customers. The Company has its head office at 10, rue des Jacinthes 31500 Toulouse, SAS with a capital of 112,760€ registered at the Toulouse Trade and Companies Register under number 850 112 681.
By choosing the All Inclusive subscription for your accommodation you accept the services and their terms of use set out below, you agree to be bound by them and to comply with them. The subscription takes care of all the operations specific to Short-Term Rental, from putting accommodation online to collecting revenue. Please read these Terms carefully.
Preliminary information:
It is also appropriate for all owners to comply with the Laws and Regulations in force, in particular those adopted by certain cities, which prohibit the accommodation of travelers for short stays who do not have to take up residence there in exchange for the payment of a sum. Your accommodation must be registered as a tourist accommodation with the municipality collecting tourist taxes at the latest before the advertisement is posted online. It must also comply with the rules of change of use under the provisions set out in articles L.324-1 of the Tourism Code and L.631-7 and following of the Construction and Housing Code relating to the obligations to declare or prior authorization of change of use, for those located in cities applying this regulation.
Membership in OIQIA services, and these General Terms and Conditions of Sale and Services and the Pricing of Services form the Contract. Its purpose is to define the terms and conditions for the exercise of the services and benefits provided to owners and travelers.
By choosing the All Inclusive subscription for your accommodation you accept the services and their terms of use set out below, you agree to be bound by them and to comply with them. The subscription takes care of all the operations specific to Short-Term Rental, from putting accommodation online to collecting revenue. Please read these Terms carefully.
A global and digitized service, available online and remotely 365 days a year, including all the operations necessary for the management of a tourist accommodation as described below:
Stays are marketed by publishing ads that it is exclusively the owner of via its platform or professional accounts opened on third-party platforms. The dynamic pricing of the price of overnight stays and the planning of reservations are automated via algorithms and managed by a dedicated team.
The service collects payments for stays paid by Travelers (nights and cleaning fees, and Tourist Tax) and is responsible for distributing all costs, the income is paid to the Customer, see Customer Experience section.
The taking of a Deposit is automated with each reservation, the amount and the rules are set by the Booking Platform, see section Damage guarantee.
Disputes with the Traveler and their stay, and stays with the Platforms are handled until they are resolved at no additional cost.
All incidents are recorded in the database and processed by the service until they are resolved. Intervention fees may be applied for disputes involving the failure of the accommodation or equipment provided by the Customer, see section Incidents.
The Customer orders and pays for the essential services prior to and associated with the All Inclusive service as described below:
The ads are created by the OIQIA back office and reported in the OIQIA Traveler and OIQIA Service applications, including pro photo shooting, digital welcome booklet and information specific to accommodation. They are updated regularly.
The accommodations are equipped with electronic tools allowing the autonomous arrival and stay of the Traveler, check-in and check-out, information on the accommodation and its Equipment and the relationship with assistance. All arrival and departure information is recorded in the database and can be used in the event of a dispute. The tools are sold, installed and guaranteed by OIQIA.
Brilliant preparation before shooting photos is an essential step in the success of ads. The concierge will carry out a thorough cleaning, tidying up and installing the missing or defective equipment to finish with an attractive staging of the accommodation. These operations are carried out under the supervision of OIQIA. The cost of this intervention depends on the condition of the property upon receipt of the keys, and on the extent of the service to be provided. The rate usually applied for the preparation of the goods during Rotations, indicated in the Pricing Table, will be adapted and an estimate sent to the Customer for order and acceptance. The Customer, if he wishes, can replace or repair the defective elements found.
The welcome tray (coffee, tea, sugar, sugar, pastries or local product depending on the commercial offer of the announcement), the products to start the stay for bathing, cooking and cleaning are offered to the Traveller upon arrival. These products are re-invoiced by OIQIA.
The janitor is responsible for restocking the Consumables at each Rotation. The cost is re-invoiced by OIQIA under the pricing conditions indicated in the Pricing Table.
The stays in the OIQIA accommodations are offered with linen provided. It must be of high quality and immaculately presented for the comfort of the Traveler. Linen for the beds and the toilet must be provided in 3 copies. A storage area adapted to 1 set of linen and Consumables must be provided inside the accommodation or at a reasonable distance from it.
Linen can be provided by the Customer or ordered from OIQIA.
Materials, Materials or Equipment replaced during Minor Maintenance or during interventions for small repairs that do not require the intervention of a technician or a craftsman will be re-invoiced as indicated in the Pricing Table.
Expenses for purchases or repairs will be advanced as part of the service and within the limit of 500€, then reimbursed to OIQIA. Beyond that, the cost will be communicated to the Customer by the Company.
The services indicated below are provided to Travelers and included in the price of the stay.
The preparation of the stay is carried out before the arrival of the Traveler. It consists of checking the condition of the accommodation left by the previous traveler and a report is sent to OIQIA. He carries out thorough cleaning, dusting, putting in place the linen and all the welcome products, and finishes a staging in accordance with the presentation made in the ads.
Linen loan and products to start stays are offered to Travelers, see Product restocking section.
These services are provided by independent Concierges or Service Providers under contracts with the Company.
This service is included in the responsibilities of the OIQIA Concierge. It repairs small damages to the accommodation. This service is carried out at each Rotation or during an Incident intervention and included in the cost of the accommodation preparation service.
The Customer is legally the “guardian” of his property, guarantor and responsible for its maintenance and repair. The essential conditions are those allowing the proper execution of the services ordered without which OIQIA would not have accepted the conclusion of this Contract.
Despite the validation of the property carried out prior to adherence to these conditions, failures may occur in the accommodation, its furniture or its Equipment which must be repaired without delay in order to maintain a perfect rental condition such as the one where it was put online. Any reported and unresolved failures may result in the termination of this Agreement.
The customer must provide permanent Internet access by taking out a subscription with his supplier. In the event of a break in access to the Internet network or insufficient speed, the services provided by the Company may be carried out in degraded mode or even be interrupted.
OIQIA verifies the good condition of the networks by automated connection tests.
If a single internet box is provided for several accommodations, 1 WiFi access point and a TV and smart TV decoder must be installed. WIFI broadcasting devices must deliver a minimum speed of 8 Mbits/s for each accommodation.
The customer is informed that a bad Internet and WIFI network can disrupt services and lead to repeated intervention costs.
If an Incident occurs during a Traveler's stay, the Traveller Assistance service will intervene free of charge. In case it requires intervention, our Concierge will travel. If the Incident is related to a failure in our services, the Intervention will not be invoiced. In the event of a failure due to the accommodation, the Intervention will be invoiced. If during the Intervention of Equipment, Materials or Materials should be replaced or small Repairs carried out, the cost will be re-invoiced to the Customer.
In cases where the accommodation does not meet the conditions of use due to an incident, maintenance or repair, the announcement will be suspended and the schedule paused, until the difficulties are resolved.
The suspension of the announcement may lead to a significant drop in bookings that would require a one-time intervention not included in the All Inclusive service and could result in fees.
Maintenance and repair work relating to the wear and tear or failure of the accommodation and equipment provided by the customer are not included in the service.
In the event of a change in the furniture or decoration, or for any modification of the accommodation requiring the advertisement to be updated, the photos will be redone and the announcement modified, the costs will be borne by the Customer.
All rates for services and benefits are published in the table of Pricing available at any time, established and invoiced as follows:
The amount of the All Inclusive Service Fees is calculated as a percentage of the total amount of bookings paid by Travelers to the Platform. Refunds paid to Travelers are not deducted from the calculation base when the stay has been paid for.
Incident Assistance Interventions in support of the Traveler are included in the service.
The rate is fixed and calculated according to number and frequency. The amount is subject to variation depending on the areas of intervention and is deducted from the payment of the stay by the Traveler.
Purchases made as part of the services provided will be re-invoiced at the purchase price plus 25% commission.
The intervention of the Concierge is fixed and invoiced according to the number.
The Commissioning Fees or any services ordered from the Company that are not covered by the All Inclusive service will be paid by transfer from the Customer to the Company's bank account.
Orders or services arising from the Contract must be paid within 10 days of their date of issue. In the event of an agreement to pay a split bill paid by bank transfer or direct debit, the deadlines indicated must be respected.
Any delay in payment automatically and without prior notice leads to the invoicing of late payment interest, the rate of which is equal to the interest rate applied. by 1% per month of delay. Late penalties are payable without the need for a reminder in accordance with article L. 441-10 of the Commercial Code. Interest is due solely to the unpaid contractual due date of the payment. Penalties are calculated pro rata temporis. In addition, other outstanding claims will become due immediately due, even if they have resulted in partial payment or a schedule.
In accordance with articles L. 441-9 I., L. 441-10 and D. 441-5 of the Commercial Code, the fixed compensation due to the creditor for collection costs will be 40 euros. However, in the event that the costs incurred for recovery are greater than this sum, the creditor may request additional compensation, upon justification. Discounts for advance payment will not be accepted.
The seller (Company) will remain the owner of any Product or service sold until the beneficiary of the object of sale has fully paid him the price indicated on the invoice or that provided for in this Contract.
The Company may, at its discretion, install home automation equipment or any equipment necessary for the operation of the accommodation, free of charge or against compensation. This loan and the related equipment will not constitute any title or right to the Customer, the Company will remain the owner and the sole decision-maker of its withdrawal.
OIQIA thanks you for joining its services. All teams are mobilized and committed to providing a high level of service in order to achieve all the objectives set out in these conditions while limiting the Customer's solicitation. Once all the documents have been completed and the keys have been handed over, the service will proceed with the inventory and the preparation of the accommodation, which may take up to 4 weeks before it is put online, and at the end of this stage operational report and the presentation of the announcement will be made to the Customer.
3 months is the launch period, even if your announcement does not offer the expected results immediately, our teams are professionals and they know what needs to be done. After this stage, the Customer will have an interview with the account manager who will give him an operational report. Each month the Customer will receive a monthly report on the activity of the accommodation.
You can also follow the evolution of your reservations via access to our PMS (Chanel).
The Company opens in its books an account dedicated to the recording of invoices and payments of any kind made in connection with the Contract. Receipts received directly from the Booking Platform are credited and all expenses relating to the order and the services used are debited.
The potential income from the accommodation communicated to the Customer when ordering is based on the study of the local market and on the result of the income obtained from OIQIA accommodations or similar accommodations via its prospecting and analysis tools. This study is carried out in knowledge of factual elements and of the economic situation at the time it is carried out, of tourist attendance, of the quality of the property and of the information provided by the Customer, excluding all cases that may conflict with the rental strategy or elements that may impact the reservations of future Travelers that he could not foresee or resulting from the case of force majeure defined in these conditions. The amount communicated is not guaranteed; it is up to the Customer to verify the reality by any means.
The estimated income is that potentially cashable by the Customer.
The amount of the estimate is used as a “reference value” applied to dynamic pricing reduced to the price per night. It is also used as a “reference value” for the basis for calculating the cancellation fee, see section Termination compensation.
The income is that resulting from the sale of nights after deduction of the Platform commissions and the Service Fees provided for in Article 2 of these conditions, the costs of preparing the accommodation, the purchase of Consumables and Incident interventions in the cases of 3 and 5 of these conditions.
The payment of income is established on the basis of a detailed monthly statement. Only stays paid and due during the month are taken into account. The income is issued to the customer by transfer within 5 working days following the completed month to the designated account.
OIQIA puts online accommodations selected for the quality of their comforts and the experience offered. It guarantees the Customer and its Travelers the accuracy of the presentation of the accommodations as indicated in its ads as well as the execution of its services. The accommodation must be perfectly maintained by the beneficiary of the Contract and remain in accordance with the condition in which it was placed online. Travelers must respect the rules and conditions of use set out at the time of booking, pay for damage caused to the accommodation, and pay any sum relating to expenses that the service would note during the state of departure.
OIQIA also guarantees to implement all technological, digital and human means to achieve the objectives provided for by its services, and offered to its Customers and Travelers.
No interference by the Customer will therefore be admitted throughout the duration of the Contract, both in the arbitrations taken in the strategy for marketing stays and the relationship with Third Parties or Travelers aimed at imposing any modifications whatsoever contributing to the disruption of the services as provided for in these conditions, which will only be admitted by way of complaint provided for in Article 9.8.
OIQIA ensures a check of the condition of the accommodation at the end of each stay. If damage was detected, an Incident intervention would be initiated. If it were found that the Traveller was responsible for it, due diligence would be undertaken to obtain reimbursement of the repairs under the bonds. The amount and conditions of the deposit taken at the time of booking, either directly or indirectly, are those in force on the Platform where the announcement was published. The amount received will be paid to the Customer Account to settle the damage.
Damages covered: a degraded return of premises requiring reinforced cleaning or laundry, theft, damage or breakage of Equipment or small furniture and Equipment, the loss of a key, badge, remote control or any other object entrusted to the Traveler, management and installation costs in connection with damage to Materials and Moveable Materials or any object requiring replacement will be added to the damage.
However, if the amount of damage exceeds that of the planned guarantee, the Customer must report the claim to his insurance company and will be assisted by the account manager in the dispute with the Traveler until it is resolved.
In order to guarantee Travelers a stay without disappointment, OIQIA carries out an audit of the Equipment and the condition of the furniture, the presentation of the accommodation and its comfort, the quality of its accesses and the neighborhood on the basis of evaluation criteria that it has defined. The safety of Travelers is judged by a control of the population frequenting the neighborhood and the immediate neighborhood. OIQIA reserves the right to refuse to take charge of goods that do not meet the criteria essential to the LCD established by OIQIA and verified after the order is placed. At the end of this audit, the Client will be notified of the admissibility of the accommodation to the OIQIA services. In the event that the accommodation is not admissible as it is but requires improvements, recommendations will be communicated to the Customer for implementation or carried out by OIQIA on estimate. If support by OIQIA is made impossible, the Contract will be cancelled free of charge. If, despite our verifications, Incident is found involving the accommodation, we may make compensation in order to compensate for the damage suffered by the Traveler and the amount will be deducted from the Customer's income.
In the case of taking charge of several accommodations for the same Customer, these conditions will apply independently for each accommodation.
It is never pleasant to see a Customer leave OIQIA or have to end the Contract, no commitment of duration is imposed, leaving a possibility of leaving at any time for the party who requests it, see Termination section.
In cases where the announcement is paused or the calendar suspended, revenue goals and cancellation conditions will be postponed until the rental reopens. The Customer will be informed by the usual means.
This Agreement is concluded for an indefinite period from the date of signature on the electronically signed order.
The Customer has a withdrawal period of 14 days from this date to renounce the purchases of the Equipment ordered. This delay could cause a delay in putting the ad online unless he expressly renounces to benefit from it.
The renunciation of purchases made would automatically result in the cancellation of this Contract and the funds withdrawn if they were made will be refunded to the Customer within 10 days from the date of receipt of the withdrawal.
Each Party may terminate this Agreement at any time subject to notice to the other Party. Three months in advance by registered letter with acknowledgement of receipt or by any means to prove receipt of the termination by the receiving Party.
The cancellation will take effect on the first day following the end of 3rd calendar month after the date of receipt of the cancellation, excluding weekends and holidays and the calendar will be closed from the end of the notice upon receipt of the cancellation. The Contract will continue until the end of the notice period.
In the event of termination of the Contract within the first 12 months following the effective date of posting of the announcement, minus any suspension periods, the requesting Party will pay to the other Party compensation equivalent to 1 month of revenue. The amount retained is that mentioned when ordering.
However this compensation will not be due if the requesting Party justifies a cause resulting from the non-compliance with only one of the conditions of the Contract by the other Party or which would invoke the right to termination provided for in the context of the evolution of the General Conditions of Services or for a CASE OF FORCE MAJEURE provided for herein.
After the cancellation, the Company will proceed with the restoration of access to electronic tools, keys, keys, linen and photos as well as the removal of the advertisements subject to the full payment of the outstanding balance at the end of the after the last stay including late payment interest and collection costs that may be added.
Short-term rentals involve risks related to the fluctuation of the tourist market, to the use of accommodations by Travelers and to the quality of the Equipment provided. Under this Contract, no guarantee or liability in the failure of our services can be claimed, nor of any direct or indirect consequences on the income expected or obtained, nor on those that may affect the accommodation or Travelers. You will remain in the legal sense the “guardian” of your property, we or our services cannot be blamed for damage, theft, nuisance or for any cause or reason whatsoever.
These terms of service are published on the Company's website at http://www.oiqia.com/interne/conditions-generales-de-vente and can be viewed and downloaded at any time by the Customer. They may change and their conditions applicable to the Customer provided that they have been communicated at least one (1) month before their application by email used for the signature of these terms and conditions. In the case of a Contract signed for an existing Customer, these conditions will apply to all previous Agreements. In the event of refusal of the new conditions, the Customer may terminate his Contract free of charge in accordance with the provisions provided for by condition of termination. However, it is specified that these provisions do not apply to changes imposed by law or regulations.
For security reasons, the Customer prohibits access to the accommodation without prior request. Access will only be authorized for maintenance, maintenance and repairs outside of periods of occupancy.
It is agreed between the Parties that the property is exclusively dedicated to Short-Term or Seasonal Rentals, that therefore no personal occupation of the Customer is authorized.
The Customer undertakes, over the entire period of validity of this Contract and for a period of two (2) years after its termination, not to make, directly or indirectly, offers of employment or collaboration to our employees, our Service Providers and Concierges or their employees under this Agreement or to engage them in your service under any status or partnership. This obligation will apply even in the event that the solicitation is at the initiative of said employee or Service Provider or Concierge or any collaborator whatsoever.
In the event of a breach of the provisions of this obligation, and unless otherwise agreed between us, you agree to pay us the sum of five thousand (5,000) Euros for each natural or legal person that you have engaged in any way whatsoever or under any status or partnership whatsoever.
For the execution of this Agreement, the Customer expressly authorizes the substitution or delegation of the Contract and all or part of the powers granted to him herein, to any other employee, agent or Service Provider of the Company designated by it.
The Customer authorizes the Company to enter all of its personal information and all information relating to the exercise of this Contract in order to achieve its object. In accordance with the RGPD, the Customer has the right to access and rectify, update, update, portability and delete his data concerning him, which he can exercise with the Company's data controller by email to the person responsible for processing personal data. hello@oiqia.com, or by post to OIQIA 10, rue des Jacinthes 31500 Toulouse, and in any case by justifying his identity. The Customer also has the option of filing a complaint with the CNIL.
In accordance with Article L.111-1 of the CPI, the Company will remain the owner of the texts of the advertisements and the pricing plans and thus has an “exclusive intangible property right enforceable against all” over its work. Consequently, any copy or reproduction, even partial, is prohibited.
Any request for information or complaint relating to these conditions or in connection with the execution of these conditions or the services provided should be sent to contact@oiqia.com. Responses are generally provided according to their importance or urgency within 5 working days.
However, in the event of an untreated or unsatisfactory response and after complying with the provisions of article L. 211-3 of the Consumer Code, the Customer has the right to use a consumer mediator in order to resolve the dispute amicably between him and the Company, taken in the person of ANM Médiation, 62 rue TIQUETONNE, 75002 Paris, www.anm-mediation.com. The modalities of this mediation are organized by articles L. 611-1 and following and R. 612-1 and following of the Consumer Code.
For the execution of these terms and their consequences, the Parties elect their domicile at their respective addresses as indicated in the order. In the event of a change, each party must inform the other by registered letter with acknowledgement of receipt within EIGHT days. Otherwise, any notification made to the address indicated in the order will be deemed validly made.
When, before the start of the Contract or during its execution, one or other of the Parties terminates this Agreement as a result of force majeure, such as — for information purposes but not limited to — the occurrence of a natural cataclysm (earthquake, storm, fire, fire, flood, etc.), of a health crisis (epidemic, pandemic, bacteriological, viral, etc.), of a labor dispute, an imperative injunction from the public authorities (decree of the competent community, prefectural, state, etc.), political, computer, death of the Customer or sale of the property by the customer (except sale to himself or to a company in which the client is the beneficial owner), death of the Concierge or termination of the Concierge's contract (whatever the reason) with the impossibility of replacing it — that is to say of the occurrence of an event that the Party suffering from it had not been able to foresee, which would be beyond its control and which it would be unable to overcome despite its diligence and efforts to resist it, the Party invoking force majeure related to an event mentioned above must notify the other Party by all means in a clear manner on a durable medium as soon as possible.
The Party injured by the non-performance of the obligation prevented by the event in question will have the right to cancel the Contract without notice. In application of article 1231-1 of the civil code there will be no claim for damages.
The Company may transfer all or part of the rights and obligations it derives from the Contract to a company that controls it within the meaning of the provisions of L. 233-3 of the Commercial Code, one of its subsidiaries, as defined by the provisions of article L. 233-1 of the Commercial Code, a company under its control within the meaning of the provisions of article L. 233-3 of the Commercial Code, or to any physical or legal entities to the extent of these conditions. of service are maintained. The Customer may transfer the Contract to a third party only after having informed the Company of his intention and having all of these terms and conditions approved by his successor.
The Services as defined do not fall under Law 70-9 of January 2, 1970 but comply with the provisions of the article of European Directive 2000/31/EC directives on electronic commerce.
The Value Added Tax expressed in these conditions is the relative tax applicable to the services provided and in the country on which it depends. The prices are expressed all taxes included (TTC) including the rate and the bases in force applicable to the various services. In the event of a change in the rates or bases applied to invoices issued by OIQIA, its Concierges or the Service Providers, the new rate and bases would be immediately applied.
The Customer is informed that the status of furnished lessor being considered a professional activity, he is therefore liable for the CFE (Corporate Property Tax) and that in the event of personal occupation of the property, even occasional, the tax services may proceed with taxation with TH (Taxe d'Habitation), even though the obligation to the CFE exempts from duty that of the TH.
However, theArticle 1407 of the General Tax Code Dispose that ” Are not subject to housing tax... Premises subject to business property tax when they are not part of the taxpayers' personal home ” To benefit from this provision, the Customer must justify that he did not occupy, or does not occupy the property. As it is, this Contract subscribes to these conditions.
For nautical accommodations, located in sea or river ports, it is up to the owner to contact the administration legally in charge of collecting taxes to ensure the amount to be paid and the regulations for authorizing the anchoring of their boat.
The law applicable to this Contract is French law. However, some provisions made in the Contract may be subject to European regulations, laws and case law. Any dispute relating to the execution of the Contract that cannot be settled amicably will fall under the exclusive jurisdiction of the Toulouse Judicial Court for a legal person, and in the case of a natural person, jurisdiction is attributed to the competent Court in accordance with article L141-5 of the Consumer Code.
all inclusive service charge
Calculated[1] as a% of all amounts paid by the traveller to the platform
20%
creating ota accounts
Airbnb & Booking.com package per accommodation
300,00€
professional photographs <T2
Package of 10 interior views
150,00€
professional photography >T2
Package of 15 interior views
200,00€
professional photography >T3
Package of 20 interior views
250,00€
payment facility (initial quote)
3 times without interest
15,00€
Incident response
Package per incident
15,00€
restocks and consumables[2]
Commission applied as a percentage of the purchase price
25%
Electronic lock
By unit
264,00€
40/40 standard detachable cylinder
By unit
42,90€
Digicode connected
By unit
€77.00
Connected switch (for SAS building door)
By unit
€124.30
Installing electronic tools
Package per installation and per unit
242.00€
Special Lock Adaptation
By door
176,00€
Smart key box[4]
By unit
199,00€
For preparation[5] of the property, cleaning services, laundry and small maintenance between each Rotation (rate calculated for 1 or 2 beds per bed):
for interventions by the Concierge in case of Incidents, for maintenance or Traveller assistance:
Incident Response Level 1
Labor and travel outside the household
15,00€
Incident Response Level 2
Same level 1 between 7 am and 9 am and 7 pm and 9 pm
€19.00
Incident Response Level 3
Same level 1 Saturday, Sunday and public holidays
23,00€
Supplies
Billing base = purchase price
+25%
Cleaning and laundry services, and Incident intervention services for high-density or tense areas:
Capital, cities and cities with more than 400,000 inhabitants
10%
Municipalities or communities of seasonal municipalities
20%