Subsection 2: Relations between hoteliers and online reservation platforms

The contract between a hotelier and a natural or legal person operating an online reservation platform for the rental of hotel rooms to customers may only be concluded in the name and on behalf of the hotelier and within the written framework of the agency contract referred to in Articles 1984 et seq. of the French Civil Code. Notwithstanding the first paragraph of this article, the hotelier remains free to…

The contract provided for in Article L. 311-5-1 sets out the terms and conditions of the agent’s remuneration, as well as the prices for the rental of rooms and any other services. The remuneration of the agent is freely determined between the hotelier and the online reservation platform.

A fine of €30,000, which may be increased to €150,000 in the case of a legal entity, shall be imposed if the legal representative of the online reservation platform operates without a contract concluded in accordance with article L. 311-5-1. Failure to comply with article L. 311-5-2 is punishable by a fine of €7,500, which may be increased to €30,000 in the case of a legal entity. The aforementioned offences…

This sub-section applies regardless of where the online reservation platform is established, provided that the rental is made to a hotel established in France. Contracts between hoteliers and online reservation platforms entered into prior to the publication of Law No. 2015-990 of 6 August 2015 on growth, activity and equal economic opportunities cease to have effect upon the entry into force of the same law.