Partner Terms and Conditions

1. Purpose

These Partner Terms and Conditions (the "Terms") govern the contractual relationship between MySunbed, acting as a SaaS provider and booking intermediary, and the professional partner (the "Partner") operating an establishment listed on the MySunbed platform.

By creating a Partner account, publishing an establishment, or clicking "I agree" during the onboarding process, the Partner acknowledges having read, understood, and accepted these Terms, which constitute a binding agreement between the Partner and MySunbed.

2. Definitions

For the purposes of these Terms, the following definitions apply:

Platform: the MySunbed SaaS platform, including websites, professional interfaces, widgets, and administrative tools.
Partner: any professional entity using the Platform to commercialise an establishment.
Establishment: the beach club, hotel, pool, or hospitality venue operated by the Partner.
Customer: any end customer making a booking via the Platform.
Booking: a reservation made through the Platform.
Commission: the remuneration due to MySunbed for each Booking, expressed as a percentage of the booking amount and displayed on the Platform at the time of publication.
Balance Payable On Site: the portion of the booking price paid directly by the Customer to the Partner at the Establishment.
Direct Booking: a booking made via the Partner's widget or professional interface.

3. Eligibility and Account Creation

The Partner declares and warrants that:

it is a duly registered professional entity;
it holds all necessary rights, licences, and authorisations to operate and commercialise the Establishment;
the individual accepting these Terms is duly authorised to bind the Partner.

The Partner is solely responsible for the accuracy, completeness, and updating of all information provided during onboarding and for maintaining the confidentiality of its login credentials.

4. Description of Services

4.1 SaaS Services

MySunbed provides access to a SaaS solution enabling the Partner to:

publish and manage offers;
configure prices, availability, and booking conditions;
manage reservations via a professional interface.

Support is provided in accordance with professional standards and constitutes an obligation of means.

4.2 Booking Intermediation

MySunbed acts exclusively as a technical and commercial intermediary, facilitating bookings between Customers and the Partner.

The service contract relating to the hospitality experience is concluded directly between the Partner and the Customer. MySunbed is not a party to that contract.

5. Publication of Offers

The Partner is solely responsible for:

the accuracy, legality, and completeness of its offers;
prices, descriptions, photos, availability, and applicable conditions;
compliance with all applicable laws and regulations.

MySunbed reserves the right to suspend or remove any offer or Establishment that does not comply with these Terms, applicable law, or the Platform's quality standards.

6. Booking Process and Payment Flow

CommissionOnly Online Prepayment

6.1 General Principle

For each Booking made via the Platform, the Customer is required to make an online prepayment corresponding exclusively to the Commission due to MySunbed.

The remaining balance of the booking price (the Balance Payable On Site) is paid directly by the Customer to the Partner at the Establishment, according to the Partner's terms.

6.2 Commission Collection

The Commission is collected online by MySunbed at the time of booking.

The applicable Commission rate (currently 20% unless otherwise displayed on the Platform) is visible during onboarding and at the time of publication.

The Commission constitutes full remuneration for MySunbed's services.

MySunbed does not collect, hold, or transfer the Balance Payable On Site.

6.3 No Funds Transfer for OnSite Payments

The Partner expressly acknowledges and agrees that:

MySunbed does not act as a payment institution, escrow agent, or merchant of record for onsite payments;
MySunbed bears no responsibility for the collection of the Balance Payable On Site;
any dispute relating to onsite payments is handled directly between the Partner and the Customer.

7. Cancellations, Refunds, and Chargebacks

Cancellation and refund conditions applicable to Customers are communicated via the Platform and defined by the Partner.

In the event of cancellation or refund:

the Commission is adjusted proportionally to the amounts effectively refunded to the Customer;
nonrecoverable payment service provider fees may be deducted.

Chargebacks relating to the Commission are handled by MySunbed. Disputes relating to onsite payments remain the Partner's sole responsibility.

8. Partner Obligations

The Partner undertakes to:

honour confirmed Bookings;
provide services in accordance with published offers;
maintain adequate insurance coverage;
comply with all applicable laws and regulations;
ensure a professional and safe Customer experience.

9. Role and Liability of MySunbed

MySunbed:

acts solely as a SaaS provider and booking intermediary;
does not guarantee booking volume or revenue;
is not responsible for the execution of services provided by the Partner;
is not liable for incidents occurring at the Establishment.

MySunbed's obligations are limited to an obligation of means.

10. Limitation of Liability

MySunbed shall not be liable for indirect or consequential damages, including loss of profit, loss of opportunity, or reputational harm.

In any event, MySunbed's total liability is limited to the total amount of Commission collected from the Partner during the twelve (12) months preceding the event giving rise to liability.

11. Data Protection

Personal data are processed in accordance with applicable data protection regulations and MySunbed's privacy policy.

Customer data collected via the Platform are processed solely for the performance of the services described herein.

12. Term and Termination

These Terms enter into force upon acceptance by the Partner and are concluded for an initial term ending on 31 December of the calendar year in progress, regardless of the date of acceptance.

They shall be automatically renewed for successive one (1) year periods on a calendar year basis, unless terminated by either party in accordance with the conditions set out below.

Either party may terminate the contractual relationship:

for convenience, by providing written notice (including by email), with effect at the end of the then-current calendar year; or
immediately, in the event of a material breach by the other party.

Termination shall not affect Bookings already confirmed prior to the effective termination date, which shall remain governed by these Terms until their completion.

13. Modification of the Terms

MySunbed may modify these Terms at any time.

Updated versions shall be notified and shall apply after a reasonable notice period. Continued use of the Platform constitutes acceptance of the updated Terms.

14. Governing Law and Jurisdiction

These Terms are governed by French law.

Any dispute relating to their validity, interpretation, or performance shall be submitted to the competent courts of Nice, subject to an attempt at amicable resolution.

15. Acceptance

Acceptance of these Terms by electronic means constitutes valid and binding acceptance between professionals and has the same legal value as a handwritten signature.