Terms and Conditions of Sale
The PoolUp97 platform is operated by ESCARGOT SAS, a simplified joint-stock company (SAS) with a share capital of €100, registered with the Fort-de-France Trade and Companies Register under number 913 187 985, with its registered office at 11 rue du Faubourg la Camille, Sainte-Thérèse, 97200 Fort-de-France, Martinique. Contact: contact@poolup97.com.
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.
Last updated: 1 October 2026.
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.
PoolUp97’s service fee is 12% of the price set by the Host. It is paid by the User and included in the total price shown before payment. No commission is charged to the Host.
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.
When the Host requests a security deposit, its amount is shown on the listing and before payment. A card hold for this amount is placed the day before the reservation on the card used to pay, without any charge. It is released no later than 48 hours after the end of the reservation, unless damage is reported within that time; PoolUp97 may then, after review, charge all or part of the deposit to compensate the Host, up to the damage found. A hold declined by the bank does not cancel the reservation.
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 of the amount paid, service fee included;
- cancellation between 24 and 48 hours before the start of the reservation: refund of 50% of the total amount paid;
- cancellation less than 24 hours before the start of the reservation: no refund;
- in the event of a late cancellation, the non-refunded part goes to the Host in proportion to their rate (50% of their rate between 24 and 48 hours, 100% under 24 hours); PoolUp97 keeps the corresponding share of its service fee.
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.
The payment fees related to this refund are then borne by the Host and deducted from their next payouts. Repeated cancellations may lead to the listing being suspended.
7.3 Weather and Special Cases
PoolUp97 relies on the weather alerts issued by Météo-France for Martinique and shows them on the platform.
Showers or yellow alert: the booking stands and the conditions of section 7.1 apply.
Orange alert on the day of the booking: until the booking starts, the User may, from their account, either move it free of charge to another date within 3 months of the original date, at the same pool, for the same length and at no extra cost, subject to availability, convert it into a credit for the amount paid, valid for 12 months on every pool of the platform, or obtain a full refund of the amounts paid. If no choice is made, the booking stands.
The credit is deducted automatically from later bookings; any unused balance remains available until its expiry date. A reminder is sent one month before; after that date, unused credit is lost. When a booking paid with a credit is refunded, the corresponding part is returned to the credit.
Red or purple alert on the day of the booking: PoolUp97 cancels the booking and fully refunds the User.
In these cases, no penalty is owed by the User or the Host; the Host receives no payment for a refunded booking.
In the event of a technical incident, safety risk, unexpected unavailability or any other event making the service impossible, a postponement 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. No Right of Withdrawal
In accordance with Article L221-28 12° of the French Consumer Code, the right of withdrawal does not apply to reservations made on PoolUp97, as they concern leisure activities provided on a specific date or for a specific period. The cancellation conditions set out in Article 7 apply.
9. Payouts to Hosts
Payments are collected by Stripe on behalf of Hosts. To receive payouts, the Host creates a Stripe account, provides the information requested by Stripe and accepts Stripe’s terms applicable to connected accounts.
The amount due to the Host is paid out from 24 hours after the end of the reservation, less any cancellation fees borne by the Host. The time it takes to arrive then depends on Stripe and the Host’s bank.
10. How the Platform Works and How Listings Are Ranked
By default, listings are displayed from newest to oldest, among those matching the User’s search criteria (area, date, times, number of guests, amenities). When a search concerns a name, listings whose name matches exactly are shown first.
No Host can pay to improve the ranking of their listing. ESCARGOT SAS receives no remuneration from Hosts and, as of the date of these terms, has no capital link with them.
Hosts may be private individuals or professionals. When the Host is a private individual, rights arising from consumer law do not apply to the contract concluded with them. Each Host’s status, private individual or professional, is shown on their listing.
11. User Reviews
Only a User who has booked and paid for a pool on PoolUp97 can post a review of it, once their reservation has ended. Reviews are displayed with their date, from newest to oldest.
No compensation is given in exchange for a review. A review may be refused or removed if it is abusive, discriminatory, unrelated to the reservation, fraudulent or unlawful. A Host cannot delete a review about them, but may publish a reply.
12. Hosts’ Tax and Social Security Obligations
Income received by Hosts through PoolUp97 may be taxable and subject to social security contributions. Each Host is responsible for declaring it.
Useful information: tax obligations (impots.gouv.fr) and social security obligations (urssaf.fr).
In accordance with Article 242 bis of the French General Tax Code, PoolUp97 sends each Host, before 31 January each year, a summary of the amounts received in the previous year, and sends the required information to the tax authorities.
13. 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.
Before publishing their listing, the Host declares that their home insurance covers welcoming swimmers at their home. PoolUp97 may request a certificate.
14. 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;
- not bring glass items near the pool, and only drink alcohol if the Host allows it, in moderation and never for minors;
- report any incident or damage to PoolUp97 within 48 hours of the end of the reservation.
15. 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.
16. 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.
17. 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.
18. 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.
19. Disputes
In the event of a problem, the User may send a written complaint to contact@poolup97.com. Where possible, PoolUp97 may help facilitate communication between the Host and the User.
If the complaint is not resolved, consumers may refer the matter free of charge to the consumer mediator ESCARGOT SAS has appointed: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris, France, www.cm2c.net. The mediator must be contacted within one year of the written complaint.
20. 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.
21. 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.
22. 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.
Consumers may bring proceedings, at their choice, before the court of the place where they lived when the contract was concluded or where the harmful event occurred.