Terms and Conditions of Sale
These Terms and Conditions of Sale define the terms governing reservations, payments, cancellations, refunds and, more generally, the conditions applicable to the services offered on the PoolUp97 platform.
By confirming a reservation on the platform, the User acknowledges having read and accepted these Terms and Conditions of Sale without reservation.
1. Purpose of the Platform
PoolUp97 is a platform that connects private pool owners or managers, hereinafter referred to as “Hosts”, with people wishing to reserve these spaces for temporary use, hereinafter referred to as “Users”.
PoolUp97 acts exclusively as a technical intermediary. Unless expressly stated otherwise, PoolUp97 is not the owner, operator, direct manager or organizer of the services offered by Hosts. The reservation agreement is concluded directly between the Host and the User.
2. Reservation
All reservations are made through the platform, according to the time slots, availability, maximum capacity and conditions provided by the Host.
The User agrees to provide accurate information when making a reservation, including the date, times, number of participants and any information necessary for the proper performance of the service.
A reservation shall only be considered effective after payment validation or, where applicable, after payment authorization and final confirmation under the conditions provided by the platform.
3. Prices
The total price payable by the User is displayed before final confirmation of the reservation. Unless otherwise stated, prices are expressed in euros.
Prices displayed on the platform are set by Hosts under their sole responsibility. The total reservation amount may include:
- the main price for making the pool available;
- the cost of any options, equipment or additional services;
- service fees applied by PoolUp97.
4. Payment
Reservation payments are secured and processed via Stripe, a third-party provider specializing in online payments. PoolUp97 does not store Users’ complete banking details.
Depending on the reservation status and platform settings, payment may be:
- captured immediately, when the reservation is confirmed without any additional step;
- authorized and captured later, when the reservation requires final validation.
The User authorizes PoolUp97 and its payment provider to carry out the operations necessary for the execution of the reservation, under the conditions set out in these Terms and Conditions of Sale.
5. Confirmation and Proof
Once the reservation has been recorded, a summary is made available in the user account. Data recorded by the platform, including technical elements, system logs, payment confirmations and operation histories, constitute admissible evidence between the parties, unless proven otherwise.
6. Invoicing and Supporting Documents
A reservation and payment summary is available in the User’s personal account. Depending on the platform’s organization and the nature of the transaction, an invoice or supporting document may be provided or made available.
7. Cancellation and Refund
All cancellations are recorded, timestamped and retained for traceability purposes. Refund conditions depend in particular on the timing of the cancellation and on the person responsible for it.
7.1 Cancellation by the User
- cancellation more than 48 hours before the start of the reservation: full refund;
- cancellation between 24 and 48 hours before the start of the reservation: partial refund;
- cancellation less than 24 hours before the start of the reservation: no refund.
7.2 Cancellation by the Host
In the event of cancellation attributable to the Host, the User receives a full refund of the amounts collected for the relevant reservation, except in specific cases justified by law or by a technical constraint beyond the platform’s control.
7.3 Special Cases
In the event of bad weather, technical incident, safety risk, unexpected unavailability or any other event making the service impossible or clearly unsuitable, a postponement, credit note or refund may be offered depending on the circumstances, at the discretion of the Host and/or the platform.
7.4 Refund Processing
Refunds are initiated via Stripe. The actual time for the amount to be credited back to the User’s payment method then depends on banking processing times and the payment provider.
Where a refund has already been processed by the payment provider, the platform may automatically synchronize statuses to ensure consistency of information displayed in user accounts.
8. Host Obligations
The Host agrees to offer a pool that matches the published description, is available for reservation, is in normal usable condition, and to provide any information necessary for welcoming the User.
The Host remains solely responsible for the accuracy of their listing, access conditions, safety of the premises, regulatory obligations applicable to their activity and, more generally, the performance of the service.
9. User Obligations
The User agrees to use the premises peacefully, carefully and in accordance with their intended purpose. In particular, the User agrees to:
- respect the reserved time slots;
- respect the maximum authorized capacity;
- follow the Host’s instructions;
- not damage property, equipment, people or the neighborhood;
- supervise children and vulnerable persons under their responsibility.
10. Liability
PoolUp97 acts as a technical intermediary and shall not be held liable for damage, incidents, cancellations, contractual breaches, accidents, losses or disputes arising between the Host and the User, except where a fault directly attributable to the platform is proven.
Each party remains responsible for its own actions, omissions, statements and obligations.
11. Identity Verification
To ensure user safety, prevent fraud and comply with legal obligations, PoolUp97 may require Hosts and/or Users to verify their identity.
This verification may require the submission of identity documents, proof of address or any other information allowing confirmation of the person’s identity.
Information provided must be accurate, complete, current and authentic.
PoolUp97 reserves the right to temporarily suspend access to the platform, refuse a reservation, limit certain features or close an account where the information provided appears inaccurate, incomplete, expired, misleading or fraudulent.
Documents submitted as part of this procedure are processed in accordance with PoolUp97’s Privacy Policy and applicable legal provisions.
12. Insurance
Each Host is solely responsible for ensuring that they have the insurance, authorizations and declarations required to make their pool available through the PoolUp97 platform.
The Host must in particular ensure that their civil liability insurance and, where applicable, any additional coverage include activities carried out in connection with reservations made through the platform.
PoolUp97 does not automatically provide insurance coverage to Hosts, Users, property or equipment involved in a reservation.
Accordingly, PoolUp97 shall not be held liable for damage, accidents, injuries, losses, theft, deterioration or disputes that may occur during the use of a pool or reserved space through the platform.
13. Supervision of Minors
The supervision of children, minors and vulnerable persons remains the sole responsibility of the parents, legal representatives or accompanying adults present during the reservation.
PoolUp97 and Hosts cannot be held liable for any lack of supervision by accompanying adults.
Users agree to comply with all safety instructions applicable to the use of a pool and to ensure that minors present are constantly supervised.
14. Disputes
In the event of a dispute relating to a reservation, the parties agree to prioritize amicable resolution. PoolUp97 may, where possible, facilitate exchanges between the Host and the User, without being legally required to resolve the dispute or bear its consequences.
15. Data, Traceability and Security
As part of the use of the platform, certain data relating to reservations, payments, cancellations, refunds and technical exchanges is recorded to ensure service security, proper execution of operations, fraud prevention and traceability.
Personal data processing is carried out in accordance with PoolUp97’s Privacy Policy.
16. Modification of the Terms and Conditions of Sale
PoolUp97 reserves the right to modify these Terms and Conditions of Sale at any time in order to adapt them to legal, regulatory, technical or functional changes to the platform. The applicable Terms and Conditions of Sale are those in force on the date of the relevant reservation.
17. Applicable Law and Jurisdiction
These Terms and Conditions of Sale are governed by French law applicable in Martinique. In the event of a persistent dispute after an attempt at amicable resolution, the competent courts shall be determined in accordance with the applicable rules of ordinary law.