GENERAL TERMS AND CONDITIONS OF SALE (GTCS)
(Effective as of October 1st, 2026)
1. General Information
UPSTAYS SAS, share capital 10,000€, registered with the Cannes Trade and Companies Register under No. 801 766 957 (formerly IMMOGROOM), intra‑Community VAT FR31801766957, registered office 16‑18 rue des Suisses, 06400 Cannes, telephone +33 (0)4 22 84 60 00, e‑mail welcome@upstays.fr(hereinafter “UPSTAYS”).
Professional real‑estate licence No.CPI 0605 2016 000 010 590 issued by the (CCI Nice Côte d’Azur)– financial guarantee with Compagnie Européenne de Garanties et Cautions, 59, avenue Pierre Mendès France – 75013 Paris– professional liability insurance with Compagnie Européenne de Garanties et Cautions, 59, avenue Pierre Mendès France – 75013 Paris..
These GTCS govern the commercial relationship between UPSTAYS and any person making a reservation via the website www.upstays.com.
2. Purpose and Scope
These GTCS apply exclusively to bookings made on the UPSTAYS website. Any reservation implies full and unconditional acceptance of these GTCS.
3. Reservation and Payment
Reservations are open only to natural persons aged 18 or over with legal capacity.
Reservations made on the website www.upstays.com are confirmed instantly after full payment of the reservation amount by secure bank card or via Apple Pay / Google Pay (SSL / 3-D Secure).
Payment of the full reservation price is due at the time of booking. No deposit or deferred payment of the balance is provided for, except with UPSTAYS’ exceptional written agreement.
Exceptionally, payment by bank transfer may be accepted. In this case, the reservation is confirmed only after UPSTAYS has actually received the full amount. Until full payment has been received, UPSTAYS does not guarantee either the definitive blocking of the dates or the availability of the accommodation.
In accordance with Article L221-28 12° of the French Consumer Code, the 14-day right of withdrawal does not apply to accommodation services provided on a specific date or during a specific period.
If full payment is not made at the time of booking, the reservation will not be confirmed. If UPSTAYS exceptionally accepts a reservation with deferred or partial payment, any late payment may result in cancellation of the reservation, without prejudice to any amounts that may be due in respect of applicable fees, penalties or cancellation conditions.
Professional clients: in the event of late payment by a client acting in a professional capacity, UPSTAYS will charge late-payment interest calculated in accordance with Article L441-10 of the French Commercial Code, as well as the fixed recovery fee of €40. UPSTAYS may also charge an additional penalty corresponding to the administrative and financial costs incurred, set at 5% of the outstanding amount excluding VAT, with a minimum of €100.
Contract confirmation: : upon full payment, the tenant receives a confirmation e-mail summarising, in particular, the exact dates of the stay, the number of occupants, the total price and the options selected. This e-mail constitutes proof of the contract and shall be binding between the parties; in the event of any discrepancy with any previous information, the information contained therein shall prevail.
4. Prices and Mandatory Fees
Prices always include tourist tax plus all mandatory fees (management, cleaning, resort fee, city tax) and are displayed before payment.
5. Cancellation, Modification and Unavailability
Cancellation by the guest
- No‑show (failure to arrive on the scheduled arrival date) or early departure: : no refund will be granted.
- Cancellation less than 7 days before arrival: no refund (100% of the invoiced amount).
- Cancellation between 7 and 30 days before arrival: refund of 50% of the total amount.
- Cancellation more than 30 days before arrival: full refund.
Penalty – fraudulent cancellation or charge‑back
In the event of fraudulent cancellation (identity theft, use of a stolen bank card) or an unjustified payment dispute (unfounded “chargeback”), UPSTAYS reserves the right to charge, by way of a penalty clause, a fixed compensation equivalent to 20 % of booking (min. €150), without prejudice to any additional damages that may be claimed.
Cancellation or unavailability by UPSTAYS
UPSTAYS may be required to cancel the reservation before arrival or interrupt the stay when an event beyond its control makes the accommodation unavailable or dangerous (e.g. incident, water damage, sale of the property, withdrawal of authorisation, force majeure). In this case:
- UPSTAYS will give priority to offering, at no additional cost, accommodation of an equivalent or higher category, located in the same geographical area.
- If no alternative accommodation solution is accepted by the tenant, UPSTAYS will provide a full refund of the amounts paid, without any further compensation.
- When the impossibility occurs during the stay, UPSTAYS will offer either alternative accommodation for the remaining duration or a pro-rata refund for the unused nights. Any transfer costs to the new accommodation will be covered by UPSTAYS.
UPSTAYS’ liability is limited to the measures set out above, except in cases of gross negligence or wilful misconduct.
Reservation Modification
Any request to modify the reservation (dates, accommodation, number of persons) is subject to availability and UPSTAYS’ prior approval and may result in additional fees and/or a rate adjustment.
6. Security Deposit
A security deposit, the amount of which varies depending on the accommodation booked, is required at the time of booking. This deposit is pre-authorised on the bank card used or, exceptionally, paid by bank transfer or cash. In the event of payment by bank transfer or cash, the deposit will be returned within a maximum period of one month after departure, subject to the absence of damage or additional charges.
In the event of damage identified during the departure inspection, UPSTAYS may retain all or part of the security deposit up to the amount of the repairs.
If the cost of repairs exceeds the deposit, the tenant agrees to pay the difference upon presentation of supporting documents (quotes, invoices).
The tenant shall be responsible for taking any necessary steps with their own insurer for any potential reimbursement; UPSTAYS is not responsible for any refusal of coverage by the owner’s or tenant’s insurer.
7. Check‑in and Check‑out
- Arrival (check-in): from 4:00 p.m.
- Departure (check-out): no later than 11:00 a.m.
- Late check‑out without prior approval: : any departure after 11:00 a.m. will result in an additional charge equivalent to .20% of the average price of the nights booked, with a minimum of €50, without this clause being interpreted as authorisation to extend the stay.
- Unlawful occupation / remaining on the premises : remaining in the accommodation for more than 2 hours after the maximum departure time, without UPSTAYS’ written approval, constitutes occupation without right or title (“squatting”). Any change of lock or unilateral subscription to/modification of an energy supply contract without authorisation constitutes a serious violation. UPSTAYS reserves the right to immediately initiate any eviction measure and to charge, by way of an occupancy indemnity, 200% of the average nightly rate for each 24-hour period commenced, as well as all costs and fees (bailiff, locksmith, lawyer, litigation) necessary to vacate the premises and restore them to their original condition. These amounts may be deducted from the security deposit or invoiced separately.
- Maximum capacity: the number of persons occupying the accommodation may under no circumstances exceed the capacity stated on the accommodation listing.
- Guest registration: each guest must provide valid identification. For persons who are not resident in France, UPSTAYS collects the individual police registration form, in accordance with Decree no. 75-412, before or upon arrival.
- Return of keys : upon departure, the tenant must leave all keys entrusted to them clearly visible inside the apartment, in accordance with the instructions received.
- Loss or non-return of key(s) : replacement and/or lock-change costs will be charged to the tenant (flat rate of approximately €80 per key, or the actual cost of the locksmith upon presentation of supporting documentation).
- Departure inspection : UPSTAYS’ teams or its subcontractor will inspect the condition of the accommodation on the day of departure; any damage or missing item may be notified within 48 hours and deducted from the security deposit.
- Departure cleaning policy : the tenant must leave the accommodation in a reasonably tidy condition; dishes cleaned and put away, surfaces wiped, bins emptied into the appropriate containers and recycling sorted. Failing this, UPSTAYS will apply additional cleaning fees of €40 per hour commenced, with a minimum of €40.
UPSTAYS reserves the right to charge additional fees for any in-person arrival outside the agency’s opening hours. The precise reception arrangements (key box, smart lock, in-person welcome, transfers) are selected by the traveller in the pre-arrival form, depending on the options available for the accommodation and the expected arrival time; some options are included free of charge, while others may incur an additional fee clearly indicated in the form. If the form is not completed, UPSTAYS will place the keys in a key box and send the instructions by e-mail on the day of arrival, only if all amounts due have been paid. If the tourist tax or any other outstanding amount has not been paid in full before 7:00 p.m. on the day of check-in, no instructions will be sent and the traveller will not be entitled to any compensation if they are unable to access the accommodation on the scheduled date.
8. Guest Obligations
Le locataire s’engage à respecter:
- Peaceful occupation of the premises
- The prohibition on smoking inside the accommodation
- The prohibition of all pets unless expressly stated otherwise in the listing and payment of an additional fee (“pet fee”)
- The strict prohibition on organising parties or noisy events
- Strict respect for neighbours, in particular quiet hours from 10:00 p.m. to 9:00 a.m.
- UPSTAYS’ right of access: the tenant agrees that UPSTAYS, its representatives or service providers may enter the accommodation for a legitimate reason (urgent maintenance, verification of compliance with the rules, safety). Except in a genuine emergency, reasonable notice of at least 2 hours will be given to the tenant by telephone, SMS or e-mail.
- It is strictly prohibited to sublet, transfer or make available free of charge all or part of the accommodation.
- The tenant shall refrain from making any alteration or damage to the premises, equipment and furniture; the property must be returned to its original condition, failing which deductions may be made from the security deposit or restoration costs may be invoiced.
- In the event of a serious violation of these GTC (subletting, repeated noise disturbances, unlawful occupation, fraud), UPSTAYS reserves the right to immediately terminate the stay and cease all or part of the services, without prejudice to eviction proceedings and the compensation provided for.
Any breach may result in additional charges, depending on the costs incurred by UPSTAYS to restore the accommodation and/or the nuisance caused.
9. UPSTAYS Obligations
UPSTAYS garantees:
- The accommodation’s conformity with the listing
- Assistance available 7 days a week from 9:00 a.m. to 7:00 p.m.
- Prompt intervention in the event of a technical or maintenance problem reported by the tenant
- The subscription to professional liability insurance covering damage caused to tenants and third parties in connection with the agency’s activities
- According to the information provided by the property owner, the latter declares that they have taken out comprehensive home insurance or non-occupant owner insurance including civil liability, covering damage that may affect the accommodation; UPSTAYS does not verify this coverage and therefore cannot guarantee it.
UPSTAYS undertakes to deploy the necessary means to restore any malfunction as quickly as possible.
10. Limitation of Liability
UPSTAYS cannot be held liable in the event of accidents, theft, loss or damage suffered by tenants or their belongings during their stay. Tenants are advised to take out personal insurance covering these risks.
Under no circumstances shall UPSTAYS be liable for indirect losses or intangible damages such as loss of profit, loss of opportunity, commercial loss or loss of data.
Except in cases of gross negligence or bodily injury caused to the tenant, any compensation that may be payable by UPSTAYS is expressly capped at the total amount paid by the tenant for the stay concerned.
UPSTAYS accepts no liability in the event of equipment failure (air conditioning, internet, household appliances, etc.) but undertakes to make every effort to restore the service quickly or offer an alternative solution.
11. Personal Data
The personal data collected is processed for payment, customer follow-up, direct marketing and advertising campaigns (retargeting on Facebook and Google Ads). By booking on the website, the tenant accepts this data processing in accordance with the GDPR. UPSTAYS undertakes to ensure the security and confidentiality of this data.
12. Disputes & Governing Law
In the event of a dispute, the tenant undertakes to first refer the matter to the mediator Médiation Tourisme & Voyage (MTV):Médiation Tourisme et Voyage – BP 80 303, 75 823 Paris Cedex 17 – www.mtv.travel – e-mail: info@mtv.travel – tel.: 01 42 67 96 68, before initiating any legal proceedings. Failing an agreement, only the courts of Cannes shall have jurisdiction for professional clients, and the French courts for non-professional clients. French law alone shall apply.
13. Miscellaneous
Effective date: 1st October 2026 — Version 2.0
If any provision of these GTC is deemed invalid, the remaining provisions shall remain fully in force.
UPSTAYS reserves the right to amend the GTC for future reservations; any new version will be notified by e-mail to clients with an account at least 14 days before it enters into force and published on the website. Amendments will not apply to reservations already confirmed.
The provisions relating to liability, disputes and data protection shall survive the expiry or termination of the contract for the period necessary for their purpose.
14. Acceptance
Confirmation of the reservation constitutes the tenant’s unconditional acceptance of these GTC.
UPSTAYS SAS – Cannes, France