Terms and Conditions
Terms of Use
Article 1 — Presentation of the Company and the Service
The website waivecover.com (the "Platform") is published by OME, a company registered in France (referred to as "Waive" or the "Company").
Waive develops and operates a technology platform designed for short-term rental professionals, enabling the management of contractual alternatives to the traditional security deposit.
The Platform notably allows short-term rental professionals (the "Operators") to offer their customers and travelers (the "Customers" or "Travelers") an alternative contractual mechanism to the traditional security deposit, in the form of a non-refundable flat fee (the "Waiver").
Waive acts exclusively as a technology provider, technical intermediary, and facilitator of financial flows.
The Waiver:
- does not constitute an insurance contract;
- does not constitute an insurance or reinsurance product;
- does not involve any pooling of risk;
- does not involve any financial risk-bearing by Waive;
- does not constitute a financial guarantee provided by Waive.
Waive is not an insurer, insurance intermediary, or broker, and is not subject to authorization by the French Prudential Supervision and Resolution Authority (ACPR).
The Waiver constitutes exclusively a contractual agreement between the Operator and the Customer, the implementation of which is technically facilitated by the Platform.
Article 2 — Definitions
"Platform": the set of interfaces, APIs, software, integrations, dashboards, and tools accessible via waivecover.com or via partner integrations.
"Operator": any individual or legal entity using the Platform in a professional capacity for short-term rental or property management activities.
"Customer" or "Traveler": any person making a booking with an Operator.
"Waiver": a non-refundable flat fee offered as an alternative arrangement to the traditional security deposit.
"Security Deposit": a mechanism consisting of a bank card imprint, pre-authorization, or temporary hold of funds.
Article 3 — Acceptance of the Terms of Use
Any use of the Platform implies full, unreserved acceptance of these Terms of Use.
For Operators, this acceptance occurs upon account creation or signature of the commercial agreement.
For Customers, it occurs upon selection and payment of the Waiver or security deposit.
Anyone who does not accept these Terms of Use must immediately stop using the services.
Article 4 — Operation of the Waiver and Security Deposit
4.1 Nature of the mechanism
The Waiver constitutes a contractual agreement entered into between the Operator and the Customer.
The Customer pays a non-refundable flat fee determined by the Operator.
In exchange, the Operator contractually agrees to limit certain financial claims relating to accidental damage, within the limits set out at the time of subscription.
Waive does not determine the amount of the Waiver, the rules applicable to damage, or any available recourse.
4.2 Exclusions
For Customers, the Waiver does not cover:
- intentional damage;
- theft;
- deliberate degradation;
- fraudulent acts;
- damage exceeding the caps set by the Operator;
- situations excluded under the Operator's conditions.
Where damage falls outside the scope of the Waiver, or where its amount exceeds the applicable caps, the Operator retains the right to claim the corresponding amounts from the Customer in accordance with the applicable booking conditions and general law.
Where the Customer has previously authorized a payment method compatible with the features offered on the Platform, the Operator may initiate, via the Waive dashboard, a request for debit or collection corresponding to the outstanding amounts due.
Waive acts exclusively as a provider of technical tools enabling the transmission and execution of these operations, and does not intervene in determining the amounts claimed or in resolving any disputes that may arise between the Operator and the Customer.
4.3 Non-refundable nature
Unless otherwise specified by the Operator, any Waiver paid is definitively earned.
The absence of any damage does not give rise to any automatic refund.
The conditions applicable in the event of booking cancellation are determined by the Operator.
4.4 Customer's free choice
The Waiver must be presented as an alternative to the security deposit.
The Operator remains solely responsible for:
- the information provided to the Customer;
- obtaining consent;
- the fair presentation of the options offered.
4.5 Operation of the Security Deposit
The amount of the security deposit is set by the Operator and configurable via the Waive dashboard.
The security deposit constitutes a mechanism distinct from the Waiver, intended to financially secure the booking via a payment method provided by the Customer.
Subject to the authorizations and conditions applicable at the time of booking, the Operator may use the features of the Waive dashboard to initiate, after the end of the stay, a debit request corresponding to damage, fees, or other amounts outstanding.
Unless action is initiated by the Operator in accordance with the applicable conditions, the security deposit is automatically released, refunded, or ceases to be held no later than seven (7) calendar days after the Customer's check-out.
The terms applicable to the security deposit, including its amount, conditions of use, and any supporting documents required, are defined by the Operator and communicated to the Customer prior to confirmation.
Waive acts exclusively as a provider of technological infrastructure and does not intervene in determining the amounts claimed or in resolving disputes that may arise between the Operator and the Customer.
Article 5 — Operation of the Platform
Waive provides:
- technical integrations;
- APIs;
- payment interfaces;
- dashboards;
- transaction tracking tools.
Available integrations may change without notice. Payments are processed via authorized third-party providers. Waive does not store complete bank card data. Payouts to Operators are made in accordance with the contractually agreed terms. Chargebacks, bank disputes, or anti-fraud procedures may result in the temporary suspension of payouts.
Article 6 — Obligations of the Parties
Operator's obligations
The Operator agrees to:
- provide accurate information;
- comply with applicable regulations;
- present the Waiver clearly;
- not use the Platform for unlawful purposes;
- keep its administrative and banking information up to date.
The Operator remains solely responsible for the contractual relationship with its Customers.
Waive's obligations
Waive agrees to:
- maintain a reasonably accessible Platform;
- ensure a reasonable level of security;
- process financial flows in accordance with the agreed terms;
- provide reasonable technical support.
No guarantee of continuous availability is provided.
Article 7 — Liability
Waive acts exclusively as a technology provider.
Waive cannot be held liable for:
- disputes between Operators and Customers;
- damage caused to property;
- Operators' business decisions;
- indirect losses;
- loss of revenue;
- interruptions caused by third parties;
- failures of partner service providers.
Except in cases of gross negligence, willful misconduct, or a mandatory legal provision to the contrary, Waive's total cumulative liability is limited to the total amount of commissions received from the Operator during the twelve (12) months preceding the event giving rise to liability.
The Operator indemnifies Waive against any claim arising from its own breaches.
Article 8 — Personal Data
Processing is carried out in accordance with the GDPR.
Data is used for:
- performance of the service;
- payment processing;
- fraud prevention;
- compliance with legal obligations.
Data is retained only for as long as necessary for the purposes pursued and applicable legal obligations. Data subjects have the rights provided for under applicable regulations.
Article 9 — Intellectual Property
All rights relating to the Platform remain the exclusive property of Waive or its partners. Any unauthorized reproduction or use is prohibited.
Article 10 — Confidentiality
Each Party undertakes to preserve the confidentiality of information obtained in connection with the contractual relationship. This obligation survives for three (3) years after the end of the relationship.
Article 11 — Suspension and Termination
Waive may suspend or terminate access to the Platform where a legal, security-related, financial, or fraud-related risk justifies doing so. The Operator may terminate its account at any time, subject to ongoing commitments. Rights and obligations already accrued remain applicable after termination.
Article 12 — Force Majeure
Neither Party may be held liable for any delay or failure resulting from an event meeting the criteria of force majeure within the meaning of Article 1218 of the French Civil Code.
Article 13 — Amendments to the Terms of Use
Waive may amend these Terms of Use. Material changes will be communicated with reasonable notice. Continued use of the service constitutes acceptance of the new terms.
Article 14 — Governing Law and Disputes
These Terms of Use are governed by French law. The Parties will seek an amicable resolution before any legal action. Failing an amicable agreement, the courts of Paris shall have jurisdiction.
This clause does not, however, deprive consumers of any mandatory protections that may apply in their country of residence.