Article 1: Preamble
www.sweett.com is a Website dedicated to the seasonal rental of apartments and hotel rooms, and which provides access to listings of short-term real estate rentals (hereafter Apartment/s, Hotel/s, Hotel room/s, Accommodation/s, or Property/ies, Housing). The Website provides the ability to make reservations online. It is operated by SWEET INN LUXEMBOURG Limited liability company, with registered office at 128 Boulevard de la Petrusse, Luxembourg (hereinafter SWEET INN or SWEETT). These Terms of Service (hereafter TOS) govern all terms of use of the Website accessible at URL www.sweett.com (hereinafter the Website). They are concluded between SWEET INN on the one hand and the User on the other, hereinafter collectively referred to as "PARTIES".
The contract for the booking of a property:
- Italy is concluded between SWEET INN ITALY S.R.L and the User.
- France is concluded between SWEET INN PARIS and the User, together with the franchisee Maison Blanche SARL (Juan-les-Pins)
- Belgium is concluded between SWEET INN BELGIQUE S.P.L.R and the User.
- Spain is concluded between SWEET INN ACCOMMODATION INN SPAIN and the User.
- Dublin is concluded between COMPLETE GUEST MANAGEMENT LTD and the User, together with the franchisee Minty Host S.L. (Sevilla) or First Guest Management S.L. (Marbella)
- Israel is concluded between SWEET INN MEGURIM and the User
Important: Any use in any capacity whatsoever of the Website www.sweett.com necessarily implies the unconditional acceptance by the User of these TOS.
Article 2: Definitions
The terms defined below give the parties the following meanings:
- "Resident" refers to any user registered on the Website who wishes to rent properties available online.
- "Listing" refers to all material concerning the rental listings, including photographs, descriptions of the property, prices and references under the description.
- "Services" refers to all the paid additional services provided by SWEETT on the online Website such as an extra fee for additional visitors.
- "Housing" refers to the available properties published on the online Website. "Member" refers to any user who registers on the Website.
- "Website" refers to the Website accessible at www.sweett.com. The Website amalgamates all online web pages hosted by SWEETT.
- "User" refers to any person who visits the Website, including Tenants.
Article 3: Access the Website and Create an account
The User acknowledges having the skills and means necessary to access and use the Website and has verified that the configuration used contains no viruses and is in perfect working condition.
SWEETT strives to provide tenants with available and verified information or tools but will not be held responsible for errors, lack of availability of features or the presence of viruses on its Website.
The Website is accessible 24 hours a day and 7 a week. SWEETT will not however be held responsible for any discontinuities of the Website and its services, whether voluntary or not. In addition, for maintenance reasons, SWEETT may interrupt the Website and will endeavor to inform users
Access to the Website is open to all online Users, as are the ads and the calendar, which displays property availability. However, for some Website features, Users need to be a Member in order to gain accessibility. For example, only Members may book online on the Website. As such, only individuals, be they under or over 18 years of age, may register to become a Member and/or justify an authorization from his legal representatives or any corporation acting through a natural person with legal capacity to contract in the name and on behalf of the legal person . The Member agrees not to create or use other accounts that were initially created, either under his own identity or that of a third party, without the prior written permission of the publisher. Otherwise if he did not get prior written permission, the account will be suspended, including all services associated with it. The Member is obligated to notify the publisher immediately of any compromise on the confidentiality of his password or any other third party use of which he has knowledge. Upon receiving this notification, the editor will delete the password within 48 hours, allowing access to the customer center. If the Member has selected to login using the integrated Facebook connection to the Website interface, SWEETT has the right to use the data available from the Facebook account. Once the Member has provided their Facebook username and password, SWEETT allows the Facebook login to connect automatically on subsequent logins to the Website. The data available on the Member’s Facebook account allows the User to register without having to complete a new online registration form. The personal information SWEET INN requires in order to perform a reservation is collected directly from the Facebook account, with the authorization of the Member.
SWEETT may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information.
Article 4: Member obligations
As part of the use of the Website, each Member undertakes not to undermine the public order and comply with laws and regulations, respect the rights of third parties and the provisions of these TOS. Each member is obliged to:
- Act fairly towards SWEETT and its third parties.
- Provide honest and sincere information to SWEETT.
- Use the Website in accordance with the purposes stated in this TOS.
- Not make use of the Website in order to commit crimes, misdemeanors or petty offenses that are punishable under the Penal Code or any other law.
- Not attempt to divert traffic to another Website or a competitive service.
- Not seek to undermine:
Italy - article 53 of the n°81 legal decree of 9th April 2008
France - section 323-1 and the Penal Code
Belgium - articles 504quater, 550bis or 550ter of the Penal Code
Spain - articles 264 and following of the Penal Code
Israel - section 416, 419, 420, 441 of the Penal Law, 5737-1977 and/or other section of the said law to automate data processing systems implemented for the launch of the Website.
- Not insert hyperlinks into the Website.
Article 5: SWEETT Obligations
The publisher strives to offer Tenants information or tools available, which are correct and verified. However SWEETT will not be held responsible for any errors, lack of availability of features or the presence of viruses on its Website. The Website is accessible 24 hours a day and 7 days a week. The editor of the Website will not, however, be held responsible for any discontinuances and interruptions of the Website and its services, whether voluntary or not. In addition, the publisher of the Website may interrupt its activity for maintenance reasons and will endeavour to inform Users of this interruption.
SWEETT disclaims all responsibility:
- If it is unable to temporarily access the Website for technical maintenance or to update the published information,
- In the event of computer virus attacks,
- In the event of incomplete or incorrect User information,
- In the event of incorrect advertisements,
- In relations between Users,
- In the event of abnormal use or illicit exploitation of the Website, the User will be held responsible for any damage to third parties and for the consequent actions or claims that may arise.
SWEETT will not, under any circumstances, be held liable for non-performance or improper performance of contractual obligations attributable to the User, in particular during the exchange of information between Users or when publishing content by Users. SWEETT will not be held liable or deemed to have breached these terms in the event of any delay or failure when the cause of delay or non-performance is linked to a case of force majeure as defined by the applicable law.
SWEETT is not responsible and thus does not repair any consequential damages suffered by Users or any third party due to the use of the Website. Here, the term "indirect" damage refers to damages that are not exclusively and directly the result of a SWEETT action or lack thereof.
After contacting our Communication Center service and in the absence of a satisfactory response within 1 month, the client may contact the Médiateur du Tourisme et du Voyage. Their contact details are as follows:
Address: Médiation Tourisme et Voyage, BP 80 303 75 823, Paris Cedex 17
Website: www.mtv.travel
In accordance with article L.223-2 of the French Consumer Code, you have the right to register on the Bloctel telephone marketing opposition list at www.bloctel.gouv.fr.
Article 6: Reservation conditions
The total price to be paid by a SWEETT Tenant always includes the price of the property rental, plus the listed cleaning fee and applicable local taxes.
The total price is also subject to optional Services (such as an extra fee for additional visitors, etc.). The fees, charges and deposit are all detailed in the Listings. These amounts correspond to the prices and fees that we know are in effect when the contract is agreed upon. Fees that are not under our control (such as local taxes, etc.) may be higher or lower than we publish (for instance, if they have changed in the meantime). These will be finally determined according to the rate that applies on the check in and check out dates.
If your reservation was made through another online provider and not through SWEETT website, it is possible that the online provider did not charge you for the listed cleaning fee, applicable local taxes and optional Services. If that is the case, SWEETT will charge you for the remaining amounts.
The delivery time of the Services can be from one to three days, prior to booking, according to the Service chosen. The average security deposit is three hundred Euros. It will be requested upon check in, and refunded after check out if no damages are found in the property, as described at article 7 of the present TOS.
After the Tenant selects the property and the extra Services, he will complete the reservation process by paying with a credit card or via the Paypal secure payment module directly on the Website. The prices are in euros and the commission on extras proposed by SWEETT varies according to the proposed Services. SWEETT offers the secure payment system PAYPAL. The cost of credit card payment is entirely the responsibility of the Member. The proposed method of payment is SSL secured payment. This payment protocol is standard and recognized worldwide for the protection of data transmitted over the internet. It is available on almost all Internet browsers (Internet Explorer, Microsoft, Navigator V1.1, Netscape, Firefox etc.). The information Members provide of their credit or debit cards (number, expiration date of validity, etc.) is encrypted before the sending of the email to the transactions payment server. The amount of the reservation will be charged by:
- Italy - SWEET INN ITALY S.R.L VIA BARNABA TORTOLINI 5 CAP 00197 ROMA ID NUMBER: 13387221008 Any claims should be sent by email to hostinmilan@sweetinn.com or by mail at the following address : SWEET INN ITALY S.R.L VIA BARNABA TORTOLINI 5 CAP 00197 ROMA ID NUMBER : 13387221008
- France - SWEET INN PARIS SARL, 2 rue de l'Amiral de Coligny 75001, Paris, France - ID NUMBER: 801838954, together with franchisee Maison Blanche SARL (Juan-les-Pins) AVENUE ALEXANDRE 3, JUAN LES PINS, 06160, France. Any claims should be sent by email to hostinparis@sweetinn.com or by mail at the following contact information:
- PARIS ID NUMBER: 801838954
- Phone: +33 1 84 88 33 20
- RCS Number: Paris B 801 838 954
- TVA Number: FR03801838954
- SIRET: 80183895400338
- Capital: €50,660.00
- SARL unipersonnelle
- Belgium - SWEET INN BELGIQUE S.P.L.R AVENUE LOUISE 163, 1050 BRUXELLES ID Number: BE0553808236 Any claims should be sent by email to hostinbxl@hotmail.com or by mail at the following address: SWEET INN BELGIQUE S.P.L.R AVENUE LOUISE 163, 1050 BRUXELLES ID Number: BE0553808236
- Spain - SWEET ACCOMMODATION INN SPAIN, S.L PLAZA CATALUNYA, NUM.1 PLANTA 4 EDIFICIO TRIANGLE 08002 BARCELONA SPAIN ID NUMBER B66500349; together with franchisee First Guest Management S.L. (Marbella) - 7,8,9 Aloha Gardens, Marbella, 29660, Malaga, 29660, Spain. Incorporation number 609076, or Minty Host S.L. (Sevilla) Calle Carretas 14, 2A, Madrid, 28012, Spain. Incorporation number: CI9066342. Any claims should be sent by email to hostinbcn@sweetinn.com, or by mail at the following address: SWEET ACCOMMODATION INN SPAIN, S.L PLAZA CATALUNYA, NUM.1 PLANTA 4 EDIFICIO TRIANGLE 08002 BARCELONA SPAIN ID NUMBER: B66500349
- Ireland - COMPLETE GUEST MANAGEMENT LTD. (REGISTRATION NUMBER 599171), 16 FITZWILLIAM STREET UPPER, DUBLIN 2, D02 Y221 Any claims should be sent by email to hostinbcn@sweetinn.com, or by mail at the following address: COMPLETE GUEST MANAGEMENT LTD. (REGISTRATION NUMBER 599171), 16 FITZWILLIAM STREET UPPER, DUBLIN 2, D02 Y221
- Israel - SWEET INN MEGURIM LTD MOSHE HESS ST 4, JERUSALEM ID NUMBER: 514996297 Any claims should be sent by email to hostinjlm@hotmail.com or by mail at the following address: SWEET INN MEGURIM LTD MOSHE HESS ST 4, JERUSALEM ID NUMBER: 514996297
Article 7 : Withheld Security Deposit
The security deposit is subjected to be withheld for the following reasons:
- Damaged or broken furniture
- Damaged kitchen appliances or lighting
- Damaged television of Hi-Fi equipment
- Stained or damaged walls and upholstery
- Broken dishes, windows or mirrors
- Damaged or missing accessories
- Flooding or fire
In order to avoid any conflicts, SWEET INN recommends that if something is damaged during your stay, contact your Guest Relations.
Additional local rules that are a basis for deposit withholding:
- Italy
Pursuant to article 659 of the Penal code, any noise pollution occurring between 10 pm and 7 am is considered as a breach of disturbance of the peace at night, punished by a maximum amount of 309 euros and 3 months of imprisonment.
- France
Pursuant to article 561 of the Penal code, any noise pollution occurring between 10 pm and 6 am is considered as a breach of disturbance of the peace at night, punished by a maximum amount of 20 euros and 5 days of imprisonment.
- Belgium
Pursuant to article 561 of the Penal code, any noise pollution occurring between 10 pm and 6 am is considered as a breach of disturbance of the peace at night, punished by a maximum amount of 20 euros and 5 days of imprisonment.
- Spain
Pursuant to article 325 of the Penal code, an excessive noise pollution can be considered as a criminal offense, punished by an amended between 6 months and 2 years of imprisonment and a fine between 10 and 14 months.
Article 8: Online Comments
Only members who have stayed in the precise locations may evaluate the accommodations. Each Tenant will receive an email message within 48 hours after checkout reminding them to comment and assess the precise housing in which they stayed. SWEETT has a pre-moderation power over the comments left by Members. Comments must, in any event, not conflict with any laws and regulations, morality and public order, nor denigrate disproportionately the accommodations displayed on the Website. SWEETT has also provided tools that enable members to share the advertisements across different community Websites, social networks and blogs published by third parties. SWEETT exclusively allows the User to share this type of communication for promotional purposes, excluding any commercial use or promotions unrelated to SWEETT projects.
Article 9: Waiver of right of withdrawal
- Italy
According to the decree-law n°21 of February 21th 2014, the right of withdrawal does not include: 1. Contracts for the supply of services if performance has begun, with the consumer's agreement, before the end of the withdrawal period (Article 59 a) decree-law n°21 of February 21th 2014 2. Hosting services other than residential accommodation, goods transport services, car rental, catering or leisure activities to be provided on a date or at a specific period (Article 59 j) decree-law n°21 of February 21th 2014. The Member may not therefore claim any refund of service fees from SWEETT.
- France
According to the law of the 17th of March 2014 the right of withdrawal does not include: 1. Contracts for the supply of services if performance has begun, with the consumer's agreement, before the end of the withdrawal period (Article L. L.221-28 alinea 1 of the Consumer Code). 2. Hosting services other than residential accommodation, goods transport services, car rental, catering or leisure activities to be provided on a date or at a specific period ((Article L. 121-21-8 alinea 12 of the Consumer Code). The Member may not therefore claim any refund of service fees from SWEETT.
- Belgium
According to the articles XIV.29 and XIV.35 of the Code of Economic law, the right of withdrawal does not include: 1. Contracts for the supply of services if performance has begun, with the consumer's agreement, before the end of the withdrawal period. 2. Hosting services other than residential accommodation, goods transport services, car rental, catering or leisure activities to be provided on a date or at a specific period. The Member may not therefore claim any refund of service fees from SWEETT.
- Spain
According to the law 3/2014 of March 27th, the right of withdrawal does not include: 1. Contracts for the supply of services if performance has begun, with the consumer's agreement, before the end of the withdrawal period (Article 103 a) of the law 3/2014 of March 27th). 2. Hosting services other than residential accommodation, goods transport services, car rental, catering or leisure activities to be provided on a date or at a specific period (Article 103 j) of the law 3/2014 of March 27th). The Member may not therefore claim any refund of service fees from SWEETT.
- Israel
According to the Consumer Protection Law 5741-1981 and the Regulation No. 2(3) to the Consumer Protection Regulations (cancelling of a transaction), 5771-2010, the Consumer may cancel the reservation and/or the service within 14 days from the reservation's date, provided that the date the service is due to commence is not less than 7 days from the day of reservation.
Article 10: Penalty measures
In case of violation of these TOS, SWEETT reserves the right to take the following measures with the Member concerned: - Suspend the Member's account during all the initiated procedures. - Delete the Member's account at the end of the procedure. Members whom the above sanctions and/or restrictions and/or suspensions on the Website apply to, may not open a new account on the Website.
Article 11: Data protection
Data Protection rights are provided in the email sent by info@sweetinn.com indicated by the subject line « DATA PROTECTION », which encloses a copy of the Member’s identity document.
Article 12: Limitation of Liability
SWEETTdisclaims all responsibility:
- If it is unable to temporarily access the Website for technical maintenance or to update the published information,
- In the event of computer virus attacks,
- In the event of incomplete or incorrect Users information,
- In the event of incorrect advertisements,
- In relations between Users,
- In the event of abnormal use or illicit exploitation of the Website, the User will be held responsible for any damage to third parties and for the consequent actions or claims that may arise.
- Regarding the content posted by the Tenants, SWEETT has moderating rights on the comments left by them. Tenants will be invited to comment on the Website in an email sent by SWEETT 48 hours after the end of their stay at the SWEETT property.
TRAVEL-RELATED SERVICES THAT SWEETT CONNECTS YOU WITH, SUCH AS AIRPORT TRANSFERS, LUGGAGE STORAGE AND CITY TOURS, ARE PROVIDED BY THIRD PARTIES, NOT SWEETT. SWEETT DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THOSE SERVICES AND THEIR ADEQUACY, SAFETY, QUALITY OR CREDIBILITY.
SWEETT will not, under any circumstances, be held liable for non performance or improper performance of contractual obligations attributable to the User, in particular during the exchange of information between Users or when publishing content by Users.
SWEETT will not be held liable or deemed to have breached these terms in the event of any delay or failure when the cause of delay or non-performance is linked to a case of force majeure as defined by case law courses and French courts.
SWEETT is not responsible and thus does not repair any consequential damages suffered by Users or any third party due to the use of the Website. Here, the term "indirect" damage refers to damages that are not exclusively and directly the result of a SWEETT actions or lack thereof.
Article 13: Intellectual Property
Except for content posted by Users, the brands, logos, slogans, graphics, photographs, animations, videos and texts found on the Website are the exclusive intellectual property of SWEETT and may not be reproduced, used or represented without the prior express consent of SWEETT under penalty of prosecution. Total or partial representation of the Website and its contents, by any means whatsoever, without the prior express consent of SWEETT is prohibited and constitutes an infringement punishable by:
- Italy. articles 171 and following of the law n° 633 of the 22th of April, and articles 473 and following of the Penal Code.
- France. articles L.335-2 and articles L .713-1 and following of the Code of Intellectual Property
- Belgium. articles 504quater and 550bis of the Penal Code and following of the Code of Economic law (especially titles 6 and 7 of Book XI)
- Spain.articles 270 and following and articles 273 and following of the Penal Code
- Israel. the ninth chapter of the Copyright Law, 5768-2007
The insertion of deep links to a page on the Website is prohibited without the prior written consent of SWEETT. SWEETT expressly forbids: the extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of a database to another medium by any means and in any form whatsoever, and the reuse of all or a qualitatively or quantitatively substantial part of the database content.
Article 14: Enforceability of TOS
These TOS are binding upon registration of a Member on the Website. These TOS are binding throughout the operating life of the Website, and until new TOS replace the present.
Article 15: Modification of TOS
SWEETT hereafter reserves the right to change the above TOS at any time. The changes will take effect 48 hours after publication. Users will be informed of TOS changes by consulting the date of last update of the TOS.
Article 16: Validity of TOS
The fact that one of the Parties did not require the application of any provision of these TOS, whether permanently or temporarily, shall under no circumstances be regarded as a waiver of such provisions. If any provision of these TOS were to be invalid under a legislative or regulatory provision in force and / or a court decision having force of res judicata, it will be deemed unwritten but will not affect the validity of the remaining provisions which shall remain fully applicable. In this case, the Parties will agree upon a new provision to replace the one declared null and irrelevant. It is stated that the new provision must resemble and comply as much as possible with the spirit and the economic impact on the Parties of the provision replaced.
Article 17: Governing Law and Jurisdiction
THESE TERMS ARE GOVERNED in accordance with the laws as set forth in the table below. For any dispute with consumers, the competent courts will be those defined by the applicable legal provisions, in particular article R. 631-3 of the Consumer Code, allowing the consumer to choose between: The court for their place of residence, or The court of the place where the service was provided.
If Accomodation is in | The governing Law is | Venues lies exclusively in courts sitting in |
Italy | Italy | Rome |
Paris | France | Paris |
France | Belgium | Bruxelles |
United Kingdom | England | London |
Spain | Spain | Barcelona |
Israel | Israel | Tel Aviv |
Ireland | Ireland | Dublin |
Article 18: General Provisions
The fact that one of the Parties did not demand the application of any provision of these TOS, whether permanently or temporarily, shall under no circumstances be regarded as a waiver of such provisions.
These TOS do not grant any guarantee or exclusivity for the provision of services to Users.
If any provision of these TOS were to be invalid under any law or regulation in force and/or a court decision having force of res judicata, it will be deemed unwritten but will not affect the validity of the remaining provisions which shall remain fully applicable.
Contact Sweett
To ask any questions regarding this Privacy Policy or use the website, contact Sweett:
contact@sweett.com