Tenant Terms of Use

In the Terms and Conditions of Use, words or expressions beginning with a capital letter have the following meaning:

• Tenant(s): refers to any natural person looking for accommodation with a Tenant account;
• Tenant Space: refers to the virtual space allocated to Tenants, accessible by entering login credentials on the Platform;
• Personal Data: refers to personal data enabling the identification of any natural person, collected, transmitted or processed by CLOE.
• Intellectual Property Rights: refers to all literary and artistic property rights (copyright and related rights), industrial property rights (trademark, design and patent) provided for in the Intellectual Property Code and International Treaties;
• Booking: refers to any booking of accommodation listed on the Platform, made by the Tenant via the Platform with an Owner or Professional. For this Booking, the 1st month's rent and the Booking Fees are paid directly on the Platform.
• Booking Fees: refers to the fees paid by the Tenant to CLOE when booking and paying for accommodation via the Platform;
• Owner(s): refers to the owner of accommodation with an account on the Platform;
• Professional(s): refers to all companies with an account on the Platform such as real estate agencies, property managers, management companies, student residences;
• Advertiser(s): refers to any Owner or Professional who has listed accommodation for rental on the Platform;
• Platform(s): refers to the platforms published by CLOE and all created content including graphic design, frames, banners, flash and video animations, source code, html code and programming;
• GarantMe Guarantee: refers to the unpaid rent guarantee offered by its partner GarantMe, which can be activated at the request of any Advertiser on the Platform.
• CLOE Guaranteed Profile: refers to the paid premium offer from CLOE, optionally offered to Tenants on the Platform, which verifies and certifies the Tenant's profile and makes the Tenant eligible at no extra cost for the GarantMe Guarantee when Booking on the Platform.

CLOE is a matchmaking platform that allows Tenants to quickly and easily book accommodation to rent near a given location in France through the features made available on the Platform.

Creating a Tenant Space allows, via the Platform:

• Access to a search engine among listings, according to the criteria of date, type of accommodation, budget and desired location in France,
• A secure exchange space for messages and the transmission of documents and information with Advertisers,
• Secure payment of the 1st month's rent to make a Booking.

By using the Platform, the Tenant declares unreserved acceptance of these TOU to which they must adhere to register. The Tenant declares and acknowledges, consequently, having read and understood the provisions of these TOU. At any time, if the Tenant disagrees with any clause of the TOU, they may immediately terminate use of the Platform and associated services by deleting their Space.

The TOU apply to Bookings made:

• On the Platform
• On any Platform of a partner institution (university, school…)

The list of partner institutions is available in the Tenant F.A.Q.

These TOU apply throughout the entire period of navigation and access to the Platform and for the entire period of use of the Platform. The Tenant is free to close their account at any time and is not bound by any duration commitment to CLOE.

CLOE reserves the right to modify these TOU at any time by indicating the update date in the header.

Any modification will take effect upon acceptance. The Tenant agrees to be notified of updated TOU by their publication on the Platform or any other form of notification.

The update of the TOU resulting in modifications to the duration, characteristics or price of the services provided on the Platform will be notified to the Tenant and submitted for their acceptance. In case of refusal of the updated TOU, the Tenant may cancel their account free of charge, which will result in the de-listing of their profile on the Platform.

In other cases, by continuing to use the Platform or accessing it after the effective date of the updated TOU, the Tenant declares to have taken note of the updates and accepts all the modifications made.

Navigation and access to information on the Platform are subject to the Tenant's registration on the Platform.

In order to access all the features of the Platform, the Tenant must create their Tenant Space and upon registration, check the boxes agreeing to the collection and processing of their personal data and unreservedly accepting the General Terms and Conditions of Use of the services on the Platform.

The Tenant must, upon registration, provide the following mandatory information:

• First and last name;
• Email address;
• Phone number;

Once the CLOE account is validated, the Tenant receives a confirmation email. The Tenant can then access the features of their Space and submit optional information to facilitate accommodation searches on the Platform.

Additionally, the Tenant can upload all the documents typically required to constitute a rental application:

• Copy of identity card;
• Copy of student card or enrollment certificate;
• Last three payslips of the Tenant;
• Last three payslips of the guarantor(s);
• Guarantors' tax return;
• Guarantors' proof of address;
• Guarantors' identity document;
• Last three rent receipts or property tax notices of guarantors;
• Guarantors' bank account details;

Conditions applicable to the Guaranteed Profile

After creating their Space, the Tenant may subscribe to the Guaranteed Profile service offered optionally by CLOE. This paid offer, independent of any Booking request, allows the Tenant to have their profile featured on the Platform with the mention “Guaranteed Profile activated” visible to Advertisers when making a Booking request, and to be eligible for the CLOE Guarantee when Booking on the Platform, without additional charges.

From the confirmation of the Guaranteed Profile order sent by email to the Tenant, the Guaranteed Profile is valid for a limited period of six months. The Guaranteed Profile order is firm and final, and cannot be subject to any refund request even in the absence of a Booking request on the Platform.

CLOE is a housing reservation platform. It is stated in our TOU on both the Advertiser and Tenant sides that the reservation must be made on the platform.

We are very vigilant about the behavior of our users. Deviant behaviors are:

• Inappropriate language or gestures towards the landlord
• Defiance towards the CLOE model (Platform bypass)

Thus, in the event of a Booking request or any other contact with an Advertiser via the Platform concerning the rental of a property, the Tenant undertakes to finalize the Booking via the Platform exclusively. Given the reservation service offered, it is expressly prohibited to bypass the use of the Platform to conclude any agreement with the Advertiser for the rental of an advertised property. This is an essential and ethical obligation towards the service offered by CLOE.

In case of non-compliance with these rules and detection of a risk of fraud and booking outside the Platform, CLOE may, depending on the severity and repetition of the violation, warn the user, lower the visibility of the Tenant's profile, or suspend the Tenant's access to their Space.

In case of violation of this rule, CLOE reserves the right to charge a penalty corresponding to the amount of the applicable Booking Fees at the time of the violation found by CLOE. The Tenant expressly accepts this penalty as a lump-sum and advance assessment of the damage. Without payment of the invoice by the Tenant within 10 days after its dispatch, CLOE will suspend the Tenant's account and initiate recovery proceedings against the Tenant.

Creating a Tenant Space to access listings published on the Platform is free. As part of using the Platform, the Tenant may be required to make online payments via the Platform to Advertisers and CLOE.

To make a Booking on the Platform, the Tenant must pay both the Booking Fees to CLOE and the 1st month's rent, which will be transferred to the Advertiser from the start date of the rental entered on the Platform.

If the Advertiser requests a CLOE Guarantee, CLOE Guarantee fees will be charged to the Tenant, who will be duly informed. These additional Guarantee fees are not charged when the Tenant has an active Guaranteed Profile at the time of finalizing the Booking on the Platform.

Tenants are duly informed that only the first month's rent is paid via the Platform, and that it is their responsibility to pay subsequent rents directly to the landlord.

CLOE is in no way a banking institution and all payment intermediary services are provided by Stripe, an approved and specialized partner. Use of Stripe's online payment features constitutes unreserved acceptance of Stripe's general terms of sale accessible at www.Stripe.com/fr/legal.

Banking information is communicated directly to the secure payment provider. CLOE never has access to confidential information relating to Tenants' payment methods.

As part of using the Platform, the Tenant and/or their guarantor may be required to use the electronic signature feature on the Platform. Each Tenant warrants that they have the necessary authorizations to use the chosen electronic signature, and the legal quality and capacity necessary to sign the document in question.

All services related to the implementation of an electronic signature system are exclusively provided by Docusign, a CLOE partner specializing in these services. Use of the electronic signature features constitutes unreserved acceptance of the applicable Docusign general terms of sale accessible at https://www.docusign.com/company/terms-and-conditions/msa.

By using this feature via the Platform, Tenants acknowledge that the electronic signature process of an electronic document necessarily requires an asynchronous mode of operation whereby one of the signatories signs before the other. Consequently, Tenants expressly agree that to conclude an agreement, the deed must be signed by all the parties it designates. The first signature of an electronic document does not constitute an offer or a unilateral commitment by the first signatory.

Tenants undertake, during use of the Platform, to comply with applicable laws and regulations and not to infringe the rights of third parties or public order. They are solely responsible for the content they post, transmit, upload, etc. on and/or via the Platform.

To this end, the Tenant undertakes:

• not to publish and distribute any content likely to be considered obscene, pornographic, indecent, offensive or likely to offend the dignity of any human being;
• not to publish any grossly offensive, insulting content or content encouraging any activity prohibited by applicable law or regulations;
• not to publish any content violating the rights of a third party;
• not to provide incorrect or false information;
• not to transmit any sensitive information about themselves or third parties, particularly regarding racial or ethnic origin, political, philosophical or religious opinions, trade union membership, sexual life or health;
• to make use of the Platform in compliance with applicable regulations and the recommendations of the C.N.I.L;
• not to transmit information contrary to public morality and the law.

The Tenant must ensure that all information communicated on the Platform remains correct and must not create or use other accounts on the Platform under their own identity and/or that of a third party without authorization, it being recalled that any identity theft is subject to criminal prosecution and penalties.

Tenants are solely responsible for their use of the Platform and the direct or indirect consequences of such use.

The Tenant must ensure that the Advertiser does not request, as part of the rental application, documents contrary to any applicable regulation, in particular that provided for by decree n° 2015-1437 of 5 November 2015 establishing the list of supporting documents that may be requested from the rental applicant and from any guarantor.

CLOE shall not be liable for choices made by the Tenant regarding accommodation or an Advertiser. As part of the provision of the Platform, CLOE does not undertake to verify the accuracy of the content of listings on the Platform from Advertisers, makes no commitment regarding visits, entry and exit inspections, or the conclusion of a rental contract compliant with regulations.

CLOE is in no case a party to any contract concluded between the Tenant and an Advertiser, Owner and/or Professional. Therefore, the Tenant acknowledges that any claim relating to the performance of any rental contract with an Advertiser cannot be submitted directly to CLOE.

The Tenant is informed that they may not assign or sublet the accommodation that was the subject of a Booking, without the prior written consent of the Advertiser.

In any event, the Tenant is duly informed that the Guaranteed Profile and the CLOE Guarantee do not constitute in any case insurance for the Tenant within the meaning of article 4 of law n° 89-462.

Right of Withdrawal - Booking

In accordance with the provisions of article L221-28 of the Consumer Code, the Tenant has no right of withdrawal regarding bookings of accommodation to rent via the Platform.

Cancellation Conditions for a Booking with a Professional

When the Booking has been made with a Professional, the Tenant is expressly informed that the Professional sets their cancellation conditions independently of CLOE concerning the amounts paid to the Professional. The CLOE reservation fees and Guarantee fees follow the same cancellation conditions as with an Owner.

Cancellation Conditions for a Booking with an Owner

If the Booking has been made with an Owner, CLOE's cancellation conditions will apply as follows:

Cancellation for force majeure:

• Cancellation before the entry date entered on the Platform: The Tenant is refunded in full (Booking Fees, 1st month's rent and if applicable CLOE Guarantee fees).
• Cancellation after the entry date entered on the Platform: The Tenant is refunded only the Booking Fees, but the 1st month's rent is retained by the Advertiser.

Cancellation without force majeure:

• More than 30 days before the entry date entered on the Platform: The Tenant is refunded only the 1st month's rent and the CLOE Guarantee.
• Less than 30 days before the entry date entered on the Platform: The Tenant is refunded only the CLOE Guarantee amount. In this case, the Booking Fees and the 1st month's rent are not refunded.
• After the entry date entered on the Platform: no refund possible.

Force majeure cases include: unsuitable accommodation, accommodation presenting a significant non-conformity compared to information in the rental listing, accommodation not meeting legal area and volume conditions, owner who does not respond 5 days or less before the Tenant's arrival date, accommodation uninhabitable or inaccessible following an unforeseeable and irresistible external event (natural disasters, water damage), accommodation ultimately unavailable due to overbooking.

All cancellation requests are reviewed individually based on the cancellation date and supporting documents provided by the Tenant. The Tenant must submit all necessary supporting documents to CLOE support at: contact@cloe-edu.com.

Once the refund request is validated, CLOE reserves a period of 15 days to make the refund.

“CLOE” is a trademark registered with the INPI.

CLOE is the exclusive owner of intellectual rights in the Platform and in particular all texts, comments, works, illustrations, videos and images, whether visual or auditory, reproduced on the Platform as well as its databases of which it is the producer.

All these intellectual creations are protected under copyright law, trademark law, patent law, database rights and image rights, for the entire world.

Any form of total or partial copying, scraping and reproduction of the database produced and operated by CLOE on the Platform is strictly prohibited without prior written consent.

CLOE does not own the content published on the Platform by users. By using the Platform and accepting the TOU, the Tenant grants CLOE a non-exclusive, royalty-free, perpetual, worldwide, transferable, irrevocable license, capable of sublicensing, for the use of content that the Tenant uploads and/or publishes on the Platform.

Upon first connection, the Tenant expressly consents to the processing of their Personal Data to the extent strictly necessary for the proper functioning of the Platform.

CLOE will implement all technical and organizational measures necessary to ensure the protection of Personal Data.

12.1 Use and Transmission of Personal Data

In order to ensure the functioning of the Platform, CLOE must carry out the necessary processing of Personal Data. The data processed is directly transmitted for: Account creation; Content publication and sharing; Platform traffic statistics.

CLOE may also use this data to process the Tenant's requests and to strengthen and personalize its communications.

12.2 Rights of Access, Modification, Opposition, Portability and Deletion

In all cases, the Tenant has the right to access, modify, object to, request portability and deletion of the Personal Data concerning them by writing to: contact@cloe-edu.com indicating their name, first name, email and address.

12.3 CLOE Newsletters

By expressly agreeing, the Tenant accepts that CLOE may send them a newsletter. Tenants will be able to unsubscribe by clicking on the link provided for this purpose, present in each newsletter.

12.4 Use of Cookies

CLOE informs Tenants that cookies record certain information stored in the memory of their hard drives. This information is used to generate audience statistics for the Platform and to offer services based on services that Tenants have previously selected during their previous visits.

The Tenant has the option to configure the ranking of results based on relevance, ascending or descending price, and distance. They can configure search engine filters (area, number of rooms, APL eligibility, etc.).

The criteria for ranking Advertisers' rental offers on the Platform's search engine by relevance are:

• The criteria sought by the Tenant (location, rent price, etc.);
• The completion rate of the Advertiser's profile information and their listing information: The more complete the profile and listing, the more the listing will be featured in search engine rankings on the Platform;
• The number of Bookings made on the Platform: The higher this number, the more the Advertiser's offers will be featured;
• The Advertiser's response time to Tenants' requests on the Platform: The faster the Advertiser responds, the more their offer will be featured in search engine rankings on the Platform.

The rental offer is automatically de-listed for a given availability period, in case of a Booking on the Platform of the property in question for that same period.

Under these conditions, CLOE does not guarantee Tenants the maintenance of an offer over time on the Platform, as each offer is freely and directly managed by its Advertiser who can modify and withdraw it at any time.

14.1 General

The Tenant undertakes to take all reasonable precautions to preserve the confidentiality of their username and password giving access to the Platform. In this regard, the Tenant undertakes in particular never to write down their username or password and to always use their credentials away from prying eyes.

It is also strongly recommended that the Tenant change, at regular intervals, the password required to access the Platform. The Tenant must ensure they choose a password that is sufficiently long and composed, whenever possible, of a combination of both letters, numbers, and uppercase and lowercase characters.

14.2 Consequences of Non-Compliance with the TOU or the Law

In the event of non-compliance with the provisions of these TOU, CLOE reserves the right to modify or terminate the Tenant's access to the Platform at any time, without prior notice. In this case, the Tenant's content and information will no longer be accessible.

In the event of a violation of the Platform's TOU observed by CLOE, CLOE reserves the right to delete, without notice or compensation or right to reimbursement, any Tenant content that does not comply with the Platform's conditions of use, or in the case of a serious or repeated violation, to suspend the Tenant's access rights to their Space.

14.3 Modification and Termination of Services

The Tenant may deregister from the Platform at any time by sending a request to CLOE by electronic means exclusively. Account deletion is final and the Tenant will not be able to recover their data. Upon account deletion, the Tenant's profile will be automatically de-listed from the Platform.

CLOE reserves the right to modify or stop offering all or part of the services at any time, at its sole discretion. The Tenant will be informed of these modifications and/or discontinuance by any useful means, within an indicative period of fifteen (15) days.

Any event beyond CLOE's control against which CLOE could not reasonably have protected itself constitutes a case of force majeure and thereby suspends the obligations of the parties, such as for example without limitation: a strike or technical failure (edf, erdf, telecommunications operators, internet access or hosting providers, Registrars, etc.), a stoppage of energy supply (such as electricity), a failure of the electronic communication network on which CLOE depends and/or networks that would replace it.

CLOE shall not be held liable, or considered to have failed in its obligations under these TOU, for any non-performance related to a case of force majeure as defined by French law and case law, provided that it notifies the other party thereof on the one hand, and that it does its best to minimize the damage and perform its obligations as soon as possible after the end of the force majeure event on the other hand.

The provisions of these TOU express the entirety of the agreement concluded between the Tenants and CLOE. They prevail over any proposal, exchange of prior or subsequent letters to membership of these terms, as well as any other provision appearing in documents exchanged between the parties and relating to the subject matter of the TOU, except for an amendment duly signed by representatives of both parties.

The fact that one of the parties to these TOU has not demanded the application of any clause whatsoever, whether permanently or temporarily, shall under no circumstances be considered as a waiver of that party's rights arising from said clause.

If one or more provisions of these TOU are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions of these TOU shall retain their full force and effect.

These TOU are governed by and interpreted in accordance with French law, without regard to principles of conflict of laws.

In the event of a dispute arising from the interpretation and/or performance of these TOU or in connection with these TOU, CLOE and the Tenant mutually undertake to make every effort to resolve amicably all disputes to which these TOU may give rise.

Thus, in the event of a dispute between a Tenant and CLOE, the parties agree to negotiate in good faith the settlement of the dispute.

Any person with consumer status may, in the event of a dispute arising from the application of the TOU, seek free recourse to a consumer mediator, which they can identify on the mediation-conso website. It is also possible to refer to the online dispute resolution platform (ODR) accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR