Terms of Use

The RoomSwapping platform is published by:

RoomSwapping<br/>A simplified joint-stock company (société par actions simplifiée) with share capital of €1,000<br/>Registered with the Paris Trade and Companies Register (RCS) under number 106 194 012<br/>Registered office: 47 rue Vivienne, 75002 Paris, France<br/>Legal representative: Ava TON THAT, President<br/>Contact email: [email protected]<br/>Support email: [email protected]<br/>Privacy email: [email protected]

The platform is hosted on the Railway infrastructure.

RoomSwapping is a connection platform that allows users to offer, search for, exchange or book rooms or accommodation for temporary stays, in particular in connection with student mobility.

RoomSwapping may in particular enable:

• publishing listings for rooms or accommodation;
• searching for available rooms or accommodation;
• connecting hosts and guests;
• exchanging rooms;
• short-term rental of rooms or accommodation;
• messaging between users;
• managing booking or exchange requests;
• online payment where this feature is available;
• verification of certain profiles or documents where this feature is used;
• resolution of, or assistance with, certain disputes.

RoomSwapping is not a landlord, real estate agency, property manager, guarantor, insurer, or a party to the contract concluded between users, unless expressly stated otherwise.

In these Terms:

• "Platform" means the RoomSwapping website, application or services.
• "User" means any person using RoomSwapping.
• "Host" means a user who publishes or offers a room or accommodation.
• "Guest" or "traveller" means a user who searches for, books or occupies a room or accommodation.
• "Listing" means any publication describing a room, accommodation, availability, a price, exchange terms or hosting rules.
• "Booking" means a request accepted between a host and a guest.
• "Exchange" means a reciprocal provision of rooms or accommodation between users.
• "Rental" means a temporary provision in return for payment.
• "Content" means any text, image, video, message, review, document or information published or transmitted on the platform.
• "Code of Conduct" means the rules of behaviour applicable to the RoomSwapping community.

Using RoomSwapping implies full and unreserved acceptance of these Terms.

If you do not accept the Terms, you must not use the platform.

Certain features may be subject to specific conditions, in particular regarding payment, cancellation, verification or booking. In the event of a conflict, the specific conditions applicable to the relevant feature prevail.

RoomSwapping is reserved for persons aged 18 or over.

By creating an account or using the platform, you declare that you:

• are at least 18 years old;
• have the legal capacity to accept these Terms;
• provide accurate, complete and up-to-date information;
• use RoomSwapping in accordance with applicable laws and these Terms.

RoomSwapping may refuse, suspend or close an account where these conditions are not met.

Certain features require the creation of an account.

The user undertakes to:

• provide accurate information;
• keep their information up to date;
• keep their login credentials confidential;
• not share their account;
• inform RoomSwapping of any unauthorised use of their account;
• not create multiple accounts in order to circumvent the platform's rules.

The user is responsible for actions carried out from their account, except where fraudulent use not attributable to them is demonstrated.

RoomSwapping acts as a technical connection platform.

RoomSwapping does not guarantee:

• the permanent existence or availability of a listing;
• the legal compliance of an accommodation;
• the host's right to rent, sublet or exchange their accommodation;
• the perfect identity or future behaviour of users;
• the absence of risk during a stay;
• the actual conclusion of a booking or exchange.

RoomSwapping may put in place tools for verification, moderation, payment, reporting or dispute resolution. These tools improve trust but do not constitute an absolute guarantee.

The host is solely responsible for the listing they publish and the accommodation they offer.

The host undertakes in particular to:

• publish only accurate, honest and up-to-date listings;
• use real photos that genuinely represent the accommodation;
• clearly state availability, the price, exchange terms, house rules and any restrictions;
• offer only accommodation they are legally entitled to rent, sublet, lend or exchange;
• check the rules applicable to their lease, condominium regulations, student residence, insurance, tax and local law;
• not publish accommodation that is non-existent, dangerous, unsanitary, illegal or misleading;
• promptly inform the guest of any significant change;
• honour confirmed bookings;
• treat guests with respect, without discrimination or abusive behaviour.

The host is solely responsible for the declarations, authorisations, taxes, insurance or local obligations relating to making their accommodation available.

The guest undertakes in particular to:

• provide accurate information;
• use the platform in good faith;
• comply with the house rules;
• respect the neighbourhood, property, common areas and people present;
• not host unauthorised persons without the host's agreement;
• not sublet, lend or transfer the accommodation to a third party without authorisation;
• promptly report any significant problem;
• comply with the applicable booking, exchange, cancellation and payment conditions.

The guest is responsible for damage, loss or wrongful behaviour attributable to them during the stay.

Users are responsible for the content they publish or transmit on RoomSwapping.

It is prohibited to publish or transmit:

• false, misleading or incomplete information;
• unlawful, fraudulent, discriminatory, hateful, threatening or abusive content;
• photos or videos that do not match the accommodation or that infringe the rights of third parties;
• listings copied without authorisation;
• content that infringes the privacy, image or intellectual property rights of others;
• contact details or information intended to circumvent the platform's security or payment mechanisms where this is prohibited by RoomSwapping.

RoomSwapping may refuse, modify, hide, suspend or remove content that appears contrary to the Terms, the Code of Conduct, applicable laws or the legitimate interests of the platform and its users.

The terms of a booking, exchange or rental are defined between the host and the guest, based on the information displayed on the platform at the time of the request or confirmation.

Depending on the features available, RoomSwapping may enable:

• a booking request;
• an exchange request;
• a rental request;
• acceptance or refusal by the host;
• payment via Stripe;
• messages between users;
• notifications relating to the booking.

A booking or exchange should only be considered confirmed once the steps provided by the platform are completed.

Users remain responsible for ensuring that the exchange, rental or sublet is legally permitted in their situation.

Where online payment is available, it is processed by Stripe.

RoomSwapping does not directly store users' full banking details. Payments, refunds and payouts are processed by Stripe in accordance with its own terms and security rules.

Prices, service fees, commissions, any taxes and the applicable payment conditions must be displayed before confirmation of the booking where these elements are available.

Unless stated otherwise, payments relating to a paid booking concluded via RoomSwapping must be made through the payment methods offered by the platform.

It is prohibited to circumvent RoomSwapping in order to avoid fees, security rules, payment mechanisms or the platform's protections after a connection has been made via RoomSwapping.

RoomSwapping may apply service fees, commissions or processing fees.

Applicable fees are shown to the user before confirmation of a paid transaction.

Each user is responsible for their own tax, social security, reporting or regulatory obligations relating to the use of RoomSwapping, income received, hosting, rental or exchange of accommodation.

The applicable cancellation and refund conditions are those displayed on the platform at the time of the booking request or confirmation.

Depending on the features available, the host may define a cancellation policy applicable to their listing.

In the event of cancellation by the guest, the host or RoomSwapping, the financial consequences depend on:

• the applicable cancellation policy;
• the timing of the cancellation;
• the payment status;
• fees already incurred;
• the rules of Stripe or the payment providers;
• the specific circumstances of the case.

RoomSwapping may, where justified, cancel or suspend a booking in the event of suspected fraud, a security risk, breach of the Terms, a payment problem, a serious report or a legal obligation.

Where the platform provides for a security deposit, a guarantee deposit or an equivalent mechanism, its conditions must be indicated before confirmation of the booking.

In the event of damage, loss, deterioration or breach of the house rules, the host and the guest must cooperate in good faith and provide the information needed to analyse the situation.

RoomSwapping may facilitate exchanges, request supporting documents, suspend certain operations or take proportionate measures, but does not guarantee the automatic compensation of a user.

RoomSwapping may offer or require certain verifications, in particular:

• email address;
• phone;
• identity;
• student status;
• supporting documents;
• user profile;
• elements relating to security or fraud prevention.

A successful verification only means that certain elements were checked at a given time. It does not guarantee the future behaviour of a user, the absolute compliance of an accommodation or the absence of risk.

Users must not falsify, misuse or impersonate verification documents or information.

RoomSwapping may provide an internal messaging service.

Users must communicate in a respectful, relevant and fair manner.

It is prohibited to use the messaging service to:

• harass, threaten or intimidate;
• send spam;
• offer services unrelated to RoomSwapping;
• organise fraud;
• circumvent the platform's payment or security rules;
• transmit unlawful or abusive content.

RoomSwapping may access, retain or review certain messages where necessary to provide the service, ensure security, prevent fraud, handle a report, manage a dispute or comply with a legal obligation, in accordance with the Privacy Policy.

RoomSwapping may allow users to publish reviews or ratings.

Reviews must reflect a genuine, honest and relevant experience.

The following are prohibited:

• fake reviews;
• paid or manipulated reviews;
• discriminatory, hateful, threatening or defamatory reviews;
• reviews containing sensitive or unnecessary personal data;
• reviews used as a means of blackmail, threat or extortion.

RoomSwapping may moderate, hide or remove a review that is contrary to the Terms, the Code of Conduct or the law.

Use of RoomSwapping is subject to the platform's Code of Conduct.

Users undertake to act with respect, honesty, fairness and good faith.

The following are in particular prohibited:

• discrimination;
• harassment;
• threats;
• violence;
• hate speech;
• unwanted sexual behaviour;
• fraud;
• fake profiles;
• impersonation;
• misleading listings;
• circumventing the platform;
• harming the safety of others;
• illegal activity.

The Code of Conduct forms an integral part of the rules applicable to RoomSwapping.

Users may report problematic content, a listing, a message, a profile, behaviour or a booking using the tools available on the platform or via the Contact page.

In the event of a report or detection of a problem, RoomSwapping may take proportionate measures, in particular:

• request additional information;
• warn a user;
• hide or remove content;
• limit certain features;
• suspend a listing;
• suspend or close an account;
• cancel or block a booking;
• block a payment or payout where justified;
• report a situation to the competent authorities where the law requires or permits it.

Users may request a review of a moderation decision by contacting RoomSwapping via the Contact page or at [email protected].

In the event of a disagreement between users, they must first attempt to resolve the situation in good faith.

RoomSwapping may offer assistance, request supporting documents, facilitate exchanges or take an operational decision on the use of the platform, in particular regarding suspension, refund, payment or moderation.

RoomSwapping is not a court and does not replace the legal remedies available to users.

Users remain free to assert their rights before the competent authorities, courts or bodies.

Users must use RoomSwapping in a reasonable and secure manner.

It is prohibited to:

• attempt to access the platform, accounts or systems without authorisation;
• disrupt the operation of the platform;
• circumvent security measures;
• use unauthorised robots, scripts or automated means;
• collect data on a massive scale;
• test the security of the platform without prior written authorisation;
• introduce viruses, malicious code or cyberattacks.

RoomSwapping may take any measure necessary to protect the platform, users, data and infrastructure.

RoomSwapping processes personal data in accordance with its Privacy Policy.

The use of cookies and similar technologies is described in the Cookie Policy.

Users can manage their cookie choices through the mechanism provided on the platform.

The platform, its structure, interfaces, texts, trademarks, logos, graphic elements, features, databases, code and content published by RoomSwapping are protected by applicable intellectual property rights.

No provision of the Terms transfers any intellectual property right in these elements to users.

Users retain the rights to the content they publish, subject to granting RoomSwapping a non-exclusive, worldwide, royalty-free and limited licence to host, reproduce, display, technically adapt, translate, moderate and distribute this content for the purposes of operating, promoting and securing the platform.

The user warrants that they hold the necessary rights to the content they publish.

RoomSwapping strives to ensure the availability and proper functioning of the platform.

However, RoomSwapping does not guarantee continuous, permanent or error-free access.

The platform may be interrupted or limited for maintenance, updates, security, a technical incident, force majeure, the intervention of a provider or any other operational reason.

RoomSwapping is liable only under the conditions provided by law.

RoomSwapping cannot be held liable for damage resulting in particular from:

• false or incomplete information provided by a user;
• the behaviour of a host, a guest or a third party;
• the legal non-compliance of a listing or accommodation;
• a refusal, cancellation or dispute between users;
• damage occurring during a stay;
• a payment refused or delayed by a third-party provider;
• an event of force majeure;
• use of the platform contrary to the Terms.

No clause of these Terms excludes or limits any liability that cannot legally be excluded or limited.

The user may request the closure of their account in accordance with the methods available on the platform or via support.

RoomSwapping may suspend or close an account in the event of:

• breach of the Terms;
• breach of the Code of Conduct;
• fraud or serious suspicion of fraud;
• dangerous or abusive behaviour;
• a breach of security;
• false identity;
• non-payment;
• circumventing the platform;
• a legal obligation or a request from a competent authority.

Closing the account does not release the user from their prior obligations, in particular regarding payment, disputes, damage, tax or liability.

RoomSwapping may modify these Terms in order to reflect legal, technical, functional, economic or operational developments.

Users may be informed of significant changes by any appropriate means, in particular via the platform or by email.

Continued use of RoomSwapping after the new Terms take effect constitutes acceptance of them.

These Terms are governed by French law.

In the event of a dispute, the parties will first endeavour to seek an amicable solution.

Failing an amicable resolution, the competent courts will be determined in accordance with the applicable legal rules.

Consumers retain the mandatory rights they enjoy under applicable law.

For any question relating to these Terms: [email protected]

For any question relating to personal data: [email protected]

For any general enquiry: [email protected]