Legal
GENERAL TERMS AND CONDITIONS
HEPICURE – Longevity & Wellness Stay Collection
(Applicable to Bookings Made Through a Travel Agent)
Version effective as of [DATE]
Hepicure, a simplified joint-stock company (SAS) incorporated under French law with share capital of [CAPITAL] €, registered with the Paris Trade and Companies Register under number [RCS NUMBER], with its registered office at [ADDRESS], and VAT number [VAT NUMBER] (hereinafter "Hepicure"), operates a website accessible at [URL] (the "Website") offering travellers the booking of longevity, biohacking and wellness furnished properties, together with various Services and Products.
Financial Guarantee: [TO BE COMPLETED]
Professional Liability Insurance: [TO BE COMPLETED]
These General Terms and Conditions ("GTC") define the conditions applicable to Hepicure's Rentals and Services booked by a Travel Agent on behalf of their final client (the "Guest"). In the event of any conflict between the French version and any other language version of these GTC, the French version shall prevail.
Hepicure acts exclusively as an intermediation collection and payment agent. It is not a tour operator within the meaning of Articles L.211-1 et seq. of the French Tourism Code and EU Directive 2015/2302. It does not combine services into a package holiday. Each service, accommodation or supplementary service, is the subject of a separate contract concluded directly between the Guest and the Owner or the relevant Partner Service Provider. Where a Booking is made by a Travel Agent, the Travel Agent acts on behalf of their Guest. The Travel Agent is Hepicure's financial counterpart: they book and settle the amounts due in the Guest's name. Hepicure will only have a direct contractual relationship with the Guest for certain Products that the Guest orders directly from Hepicure's Concierge service. The Travel Agent undertakes to bring these GTC to the Guest's attention before any Booking.
Hepicure: refers to the entity with which the Travel Agent has entered into an arrangement to facilitate the booking, in the name and on behalf of the Guest, of a stay at a Property selected on the Website. Hepicure acts as intermediary and payment agent;
Travel Agent: refers to an individual or legal entity holding a registration as a travel agent in accordance with Articles L.211-1 et seq. of the French Tourism Code (or any equivalent regulations in their country of establishment), making the Booking of a Property with Hepicure in the name and on behalf of the Guest via the Website, such that Hepicure will only have a direct contractual relationship with the Guest for certain Products ordered directly by the Guest from Hepicure's Concierge service;
Guest(s): refers to one or more individuals or legal entities who will benefit from the Services booked by a Travel Agent in the name and on behalf of the Guest;
Owner: refers to the individual or legal entity, private or professional, holding legal ownership of the Property offered for Rental via Hepicure;
Property: refers to a house (villa, chalet, private mansion...) or a furnished apartment selected by Hepicure to be offered for rental to transient Guests on a daily, weekly or monthly basis without establishing residency (Article D.324-1 of the French Tourism Code) as part of a short-term rental arrangement with various Services and Products. Properties listed on the Website are selected according to specific longevity, biohacking and wellness criteria;
Exceptional and Unavoidable Circumstances: refers to a situation beyond the control of the party invoking it, the consequences of which could not have been avoided even if all reasonable measures had been taken (including but not limited to: war, terrorist attack, riot, revolution, epidemic, pandemic, decisions of a public authority restricting movement or accommodation, nuclear, bacteriological or chemical catastrophe, climatic or natural events such as a cyclone, earthquake, tsunami, tornado, ash cloud or sandstorm...);
Special Conditions: refers to the specific conditions applicable to certain Services available on the Website, including those described in the Listings and, where applicable, those agreed between the Travel Agent and Hepicure;
Confirmation: refers to the exchange between the Travel Agent and Hepicure resulting in the conclusion of a Contract for a selected Property and dates;
Contract: refers to the short-term rental agreement concluded between the Guest and the Owner, the formation of which is facilitated by Hepicure as intermediary, following Confirmation and payment of the Booking by the Travel Agent;
Listing: refers to the detailed characteristics of the Property published on the Website, as well as the characteristics of any associated Service;
Rental: refers solely to the stay at the Property provided to a transient Guest for a limited period in a non-residential context (Article L.324-1-1 of the French Tourism Code);
Payment Agent: refers to the capacity in which Hepicure collects payments from the Travel Agent on behalf of and in the name of Owners and Partner Service Providers, via a licensed payment service provider (PSP), without ever being a creditor of the amounts collected in respect of the services;
Partner Service Provider: refers to any independent third-party service provider offering Partner Services via the Website (private drivers, private aviation operators, sports and performance coaches, private chefs, wellness care providers, therapists, nutritional advisors and any other listed provider);
Products: refers to the Products offered by Hepicure to Guests via its Concierge service (as defined in Article 8), subject to specific conditions particular to each provider, and which may be ordered either by the Travel Agent or directly by the Guest;
PSP: refers to the licensed payment service provider (including Stripe Connect, Mangopay, Lemonway or any equivalent provider) through which Hepicure processes collections and disbursements as payment agent;
Booking: refers to the action taken by the Travel Agent when requesting Hepicure to book a stay at a Property for a chosen period on behalf of the Guest;
Travel Agent Remuneration: refers to the remuneration received by the Travel Agent in connection with the Booking, the terms of which are defined in the relationship between the Travel Agent and the Guest and are unrelated to the relationship between Hepicure and the Travel Agent. [TO BE COMPLETED in accordance with the Hepicure / Travel Agent agreement];
Services: refers to the services directly associated with the Property Rental and the Products offered by Hepicure to Guests in addition to the Rental;
Partner Services: refers to all service provisions accessible via the Website, offered by Partner Service Providers and presented separately from the Property Rental, including without limitation: private ground transportation, private aviation, sports and performance coaching, private chef, wellness care and therapies, nutrition, medical or paramedical monitoring, and any other service related to the longevity and biohacking approach.
Hepicure is authorised to offer stays at the Properties in its capacity as intermediary, in accordance with Articles L.211-1 and L.211-4 of the French Tourism Code.
The prior information provided for in Article R.211-4 of the French Tourism Code may be modified after publication and consultation by Travel Agents and Guests, in particular regarding the main characteristics of the Service, the price, payment terms, any minimum number of persons required, and cancellation conditions, in accordance with Articles R.211-5 and L.211-9 of the French Tourism Code. The Travel Agent will be informed clearly, intelligibly and prominently before the Contract is concluded.
By confirming a Booking, the Travel Agent expressly acknowledges having read these GTC and the more specific Listing applicable to the chosen Service. The Travel Agent undertakes to bring these GTC to the Guest's attention before any Booking. Failure to accept these GTC will result in the Travel Agent being unable to complete the Booking.
No right of withdrawal:
Pursuant to Article L.221-28-12° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts relating to accommodation services, other than residential accommodation, to be provided on a specific date or during a specific period. Accordingly, no right of withdrawal applies once the Booking has been Confirmed.
Hepicure is a digital collection enabling the matching of property owners with travellers wishing to book stays at properties optimised for longevity, wellness and performance. Hepicure acts exclusively as a technical and commercial intermediary. Rental agreements are concluded directly between the property owner and the tenant.
Hepicure does not organise package holidays within the meaning of EU Directive 2015/2302. The Property Rental and Partner Services are never sold together at an all-inclusive package price by Hepicure. Each service is the subject of a separate contract, a separate invoice issued by the relevant Owner or Partner Service Provider, and carries its own liability.
Hepicure does not offer its Guests scheduled air transport to the destination. Hepicure does not organise or directly provide transport services. The Guest is solely responsible for organising transport to the reserved property. At the Guest's request (transmitted by the Travel Agent), Hepicure may connect the Guest with Partner Service Providers offering private transport services. These Partner Services are provided directly by the relevant providers and governed by a separate Service Contract.
Descriptions and photographs visible on the Website correspond to the Property selected by Hepicure. Photographs are for illustrative purposes only and are not contractually binding. Any comfort rating attributed to a Property represents a subjective classification by Hepicure without reference to local or Guest country-of-origin standards.
(a) Property Selection Process
(b) Rental Prices and Additional Services
The rental price is quoted inclusive of all taxes in Euros. It covers the use of the Property and the included Services stated in the Listing. Additional Services and Products will be invoiced based on the Guest's actual consumption and are payable upon confirmation. Prices do not include the tourist tax, which is collected by Hepicure and remitted to the relevant local authorities.
(c) Booking Finalisation
In addition to the Property Rental, Hepicure provides via the Website access to Partner Services offered exclusively by independent Partner Service Providers. These services are presented separately from the Property Rental and governed by separate contracts.
Available Partner Services may include: private ground transportation, private aviation, sports and performance coaching, private chef and catering, wellness care and therapies, nutritional guidance, medical or paramedical monitoring, and any other service related to the longevity and biohacking approach.
Partner Services are in no way combined with the Property Rental into an all-inclusive package by Hepicure. Their presentation on the Website alongside a Property does not constitute a package holiday offer within the meaning of EU Directive 2015/2302. Each Partner Service is governed by a separate Service Contract concluded directly between the Guest and the relevant Partner Service Provider.
In accordance with applicable AML/CTF regulations, Hepicure is subject to legal due diligence obligations towards its clients. Hepicure may request from the Travel Agent and/or the Guest, before and during the contractual relationship, any document or information necessary to verify identity and the origin of funds.
The Travel Agent and the Guest undertake to provide, without delay, all supporting documents requested by Hepicure. Failure to do so may result in the refusal of the Booking or the suspension of Contract performance. Hepicure is also required to check that its clients are not listed on any economic sanctions or asset-freezing lists.
All prices are quoted inclusive of all taxes and administrative fees. Payment terms will be specified in the Contract and may be as follows:
The security deposit specified in the Contract must be paid no later than fifteen (15) days before the Service start date. In the event of non-payment of any scheduled instalment despite a reminder from Hepicure, the Contract shall be deemed cancelled at the Travel Agent's/Guest's fault.
Amounts due must be paid by bank transfer or by bank card via a secure payment collection (Stripe Connect or equivalent licensed provider). Hepicure collects rental payments as the Owner's payment agent, on behalf of and in the name of the Owner. Hepicure collects payments for Partner Services as the relevant Partner Service Provider's payment agent.
Hepicure will never request bank card details by email, fax, post or any other non-secure channel. The Booking will only be definitively confirmed upon receipt of the deposit within three (3) business days of the payment request.
Any modification request must be submitted to Hepicure as soon as possible before the Service commencement date. Hepicure has no obligation to accept the request. Any accepted modification must be confirmed in writing. The Travel Agent will be informed of the actual and reasonable modification costs incurred.
Hepicure will inform the Travel Agent of any minor modification to the Booking conditions. In the event of a modification to an essential element of the Booking prior to departure, Hepicure will promptly notify the Travel Agent and inform them of their right to cancel the Contract free of charge or accept the modification, pursuant to Article L.211-13 of the French Tourism Code. An alternative Booking may be agreed.
Any request for a postponement of a Rental to later dates, if accepted by the Owner, will give rise to additional administrative fees of five hundred (500) euros charged by Hepicure.
The Travel Agent may cancel the Contract on behalf of the Guest, subject to the following cancellation fees, unless otherwise specified in the Contract:
In the event of exceptional and unavoidable circumstances at the destination, Hepicure will use its best endeavours to offer an alternative Property or later dates. If this is not possible, the Contract may be cancelled free of charge and the price refunded.
If the deposit and/or the balance is not paid in full, or if the Guest fails to take possession of the Property, the Contract shall be deemed terminated at the Travel Agent's/Guest's fault and the cancellation fees in Article 6.1 shall apply.
Hepicure may cancel the Contract and refund amounts paid within 14 days, subject to payment of at least the equivalent of the Guest's cancellation penalty, without penalty where the minimum number of persons is not reached, or without penalty in the event of exceptional and unavoidable circumstances.
The Contract is concluded between the Guest and the Owner, with formation facilitated by Hepicure as intermediary. The Property is rented furnished for short-term use. The Guest's rights and obligations are governed by the terms of the Contract and applicable law in the country where the Property is located.
The Contract specifies the duration and dates of the Rental. The Guest undertakes to arrive and vacate at the agreed dates and times.
The price covers the Property Rental and standard cleaning services. All utilities (water, gas, electricity, heating, Wi-Fi, TV) are included for the duration of the Contract unless otherwise stated. Additional cleaning costs due to Property degradation may be charged to the Guest.
The security deposit is collected by Hepicure as the Owner's agent, no later than 15 days before the Rental start, or by bank card pre-authorisation. It covers damage, deterioration and loss of keys. The deposit is returned within 15 days of key handover, subject to the absence of damage within 96 hours of departure. In the event of damage, the deposit may be retained pending professional assessment.
Hepicure collects, as the Owner's payment agent: the deposit at Confirmation; the balance no later than 60 days before the start; and the security deposit no later than 15 days before arrival or by pre-authorisation.
If the Guest is not present for key handover and/or the inspection report, they must notify Hepicure in writing of the identity of the person representing them. Check-in is from 5:00 PM (local time) and check-out is before 10:00 AM. Early/late arrangements are possible but not guaranteed and require Hepicure's prior written approval. Late check-out without approval may be penalised.
The Guest must comply with the house rules, the Listing, the Special Conditions and any instructions provided on-site. The Guest is prohibited from subletting, using the Property for commercial purposes without consent, smoking inside (unless authorised), bringing unauthorised pets, exceeding the maximum occupancy, and any other conduct disturbing to neighbours. Penalties apply for breaches.
The Guest uses all pools, sports, wellness and longevity facilities at their own exclusive risk and must comply with applicable usage rules. Prohibited behaviours include running near pools, diving or jumping, using equipment under the influence of alcohol or substances, and leaving minors unsupervised. Guests with specific medical conditions must consult a healthcare professional before using such equipment. Hepicure is not responsible for installation or maintenance of facilities.
Hepicure is not liable for the presence of wildlife or insects. Many properties are in resort areas where such encounters may occur. Guests are advised to keep doors and windows closed. Hepicure is not liable for noise disturbance originating outside the Property. The presence of overhead utility cables near certain properties does not constitute a non-conformity.
Prior written consent of Hepicure and the Owner is required for any party or event. Guests are fully responsible for any neighbour complaints, police interventions and damage caused. Unauthorised events may result in a penalty of up to 50% of the Rental price.
Properties may not have child-specific safety equipment. Parents and legal guardians are solely responsible for supervising minors at all times. Hepicure does not guarantee that properties are suitable for children or compliant with any particular safety standards for minors.
Certain properties may provide access to supplementary services offered by independent Partner Service Providers (private concierge, transport, chef, wellness care, coaching, nutrition, medical monitoring, etc.).
Hepicure acts exclusively as an intermediation collection and payment agent for these services. Services are provided directly by the relevant Partner Service Providers under their sole responsibility. These services are in no way combined with the Property Rental into a package.
Supplementary service bookings are governed by a separate agreement between the Guest and the Provider. Hepicure does not guarantee their availability or delivery. The applicable conditions are defined by the Provider and may differ from these GTC.
Prices are set by the Provider. Hepicure collects as payment agent via the partner PSP. Invoices are issued by the Provider. Hepicure receives a commission deducted at disbursement, not charged to the Guest/Travel Agent.
The Travel Agent may transfer the Contract on behalf of the Guest, up to 7 days before arrival, by notifying Hepicure within a reasonable period, to persons meeting exactly the same conditions. The Travel Agent and the transferee remain jointly and severally liable for the balance and actual transfer fees.
The Guest is strongly advised to take out insurance covering cancellation, damage to the Property, third-party liability, loss of personal belongings, and risks associated with wellness and biohacking equipment. Hepicure does not act as an insurer and does not directly provide insurance products. Travel Agents are invited to advise their Guests on appropriate insurance.
Hepicure acts exclusively as an intermediation collection and payment agent. It is not the owner, manager or operator of the listed properties and is not a party to the rental agreement or Service Contracts.
Hepicure cannot be held liable for the performance of the rental agreement or any Partner Service. Where difficulties arise during the stay, Hepicure will provide reasonable assistance without substituting for the Owner or Provider.
Hepicure's liability may only be engaged for damage directly attributable to a proven fault in the operation of the Website or in the exercise of its payment agent role. It cannot be engaged where the damage is attributable to the Guest, the Travel Agent, a third party unrelated to the services, or exceptional and unavoidable circumstances. Hepicure's potential liability is in any event limited to direct damages not exceeding the service fees received in connection with the relevant Booking, except in cases of gross negligence, wilful misconduct or bodily injury.
Since Hepicure only has a direct contractual relationship with the Travel Agent (and, for directly ordered Products, with the Guest), any dispute regarding the Services must first be addressed to the Travel Agent, who will contact Hepicure.
All complaints must be sent:
accompanied by supporting documents as soon as possible after the end of the stay. Hepicure's response time, at a minimum of thirty (30) days, may vary.
Hepicure and the Travel Agent will endeavour to resolve any dispute amicably. If not resolved amicably within two (2) months, either party may bring the dispute before the Paris Commercial Court, to which the Parties grant exclusive jurisdiction.
If any provision of these GTC is or becomes unlawful, null or void, it shall be deemed non-existent and the remaining provisions shall remain binding. These GTC may be amended at any time without notice. Amendments take effect from the date of publication and apply only to Bookings made thereafter. Travel Agents are invited to read and accept the GTC on behalf of the Guest when making each Booking.
Information provided by the Travel Agent / Guest is recorded in a computerised file by Hepicure as data controller. Certain information must be provided at Booking; failure to do so prevents the processing of requests. Data is processed to enable the conclusion and performance of the Rental Contract.
Data may be shared with Owners, Partner Service Providers and Hepicure's partner PSP, which may be located outside the European Union, in strict compliance with applicable data protection law.
Hepicure undertakes not to transfer or sell personal data to non-partner third parties. Data is retained for the duration of the contractual relationship and as long as required to meet legal obligations. The Travel Agent / Guest has the right to access, object, rectify, restrict, delete and port their data, and to give instructions regarding use of their data after death, by emailing: privacy@hepicure.com.
As Hepicure is not a tour operator within the meaning of EU Directive 2015/2302, the specific rights applicable to package holidays (insolvency guarantee, strict liability for the package, etc.) do not apply to Rentals offered via the Website. Guests' rights are those defined by applicable short-term rental and consumer protection legislation, as well as the provisions of this contract.
When using the Hepicure Website through a Travel Agent, the Guest benefits from the following essential rights:
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Hepicure SAS – [ADDRESS] – [RCS NUMBER] – contact@hepicure.com
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