CONCIERGERIE AIRBNB : C'EST FINI

In January 2025, a court ruling in France could lead to the closure of hundreds of concierge services, many of whose managers are unaware of the impending changes. This video explains the serious implications of this decision and offers two practical solutions: either to establish a new concierge service in full compliance with the law or to adapt an existing business to ensure its continued legality. The speaker, Sébastien Moret, founder of Guest Lucky, a management software and channel manager, has updated his training programs and software to align with the new legal landscape. Sébastien Moret has been supporting Airbnb concierge businesses in France and abroad for nearly seven years, assisting over 3,000 individuals. Guest Lucky, his ERP and channel manager tool, is designed to help businesses manage reservations and operations, and will be crucial for the sustainability of concierge services moving forward. The urgency of this video stems from the court condemnations of concierge services in 2025 for non-compliance, particularly with the "Loi Hoguet." The provocative title, "End of Concierge Services," is intentional. While concierge services will not disappear, the way they are currently practiced is over. The majority of existing concierge businesses will likely cease operations or fail to adapt to the new market rules. The long-held belief that a simple concierge contract is sufficient is no longer valid. The 2025 court decisions clearly demonstrate that while a contract is an element, it is not the sole determinant, and can even be detrimental if not properly structured. However, solutions exist for those willing to adapt and operate legally. The core of the issue revolves around the Loi Hoguet, which has regulated real estate professionals since 1970. This law defines remunerated property management, including renting, managing, and collecting rents on behalf of others, as requiring a professional "G" card. Many concierge services, unknowingly, perform actions that fall under this definition. For years, there was a legal gray area, but this has been definitively closed by court rulings, notably in Tours in January 2025. The Tours court case (decision number 24 00 458) involved an Airbnb concierge service managing short-term rentals, collecting income, and remitting it after deducting fees. The judge concluded that this constituted real estate management under the Loi Hoguet. Since the concierge service did not possess a "G" card, the contract was deemed null and void, fees had to be reimbursed, and the concierge service was condemned. This judgment sets a legal precedent. While some might argue they don't collect rents, the judge's criteria for determining if an activity falls under the Loi Hoguet go beyond this. Four key criteria are examined: 1. **Acting on behalf and for the account of the owner:** If the contract states that the concierge service manages listings, prices, and reservations for the client-owner, then it falls within the scope. Even if not explicitly stated in the contract, a judge will look for concrete proof of these actions. Most concierge services, providing value through listing and price management, would meet this criterion. 2. **Remuneration based on management fees/commission on rents:** This is a clear "yes" for most concierge services. 3. **Acts of disposition or administration of the property:** This includes collecting payments, handing over keys, or signing inventory reports. While some concierge services avoid this, others perform these actions, which can be problematic. 4. **Habitual and professional activity:** If a concierge service manages multiple properties and it's their main activity, this criterion is met. Most concierge services meet all four criteria, exposing them to legal risks. The aim is to mitigate this risk, so if brought to court, there are elements to demonstrate the opposite of what the opposing party claims. The initial court cases originated from dissatisfied property owners seeking to avoid paying invoices, who discovered this legal loophole. This means any disgruntled owner can challenge a contract, not on the quality of management, but on its legal form. A judge can declare the contract null, requiring the concierge service to reimburse all collected fees, potentially amounting to years of revenue, leading to business closure. Those not affected by this ruling include sub-letters who rent properties in their own name and then re-rent them, as they are not managing for others. The real risk lies with classic concierge services using service contracts that can be reclassified as management mandates due to their actions, even if not explicitly written in the contract. This trend is concerning, as property owners are becoming more informed, and real estate lawyers are discovering this legal argument. Previously, lawyers often advised that a specialized concierge contract was sufficient, but this is no longer the case. The Loi Lemaire had already introduced complications, and now, with the Loi Hoguet judgments, the situation is even more critical. Tense concierge-owner relationships, often due to payment delays or disagreements, can trigger these legal challenges. Concierge services that pursued owners for unpaid invoices have sometimes found the case reversed against them, with contracts deemed invalid. This legal defense has become a formidable weapon. The speaker emphasizes that concierge services must adapt. He criticizes the notion that concierge is simple and requires no training, likening it to opening a bakery without knowing how to bake. He stresses the importance of training and professional accompaniment. Two main solutions are proposed: **Solution 1: Contractual Restructuring and Operational Adaptation** This is the recommended approach. It involves three key pillars: 1. **Structured Contract:** The contract must clearly define the service as a "service provision" (cleaning, guest reception, communication, minor maintenance). Crucially, it must include annexes for calendars and pricing. The property owner, not the concierge service, must set prices and validate availability. These annexes serve as material proof of the owner's decision-making power. 2. **Owner-Controlled Pricing Policy:** If using revenue management tools like PriceLabs or Beyond Pricing, the owner must be the one who connects these tools to their listings, not the concierge service. If revenue management is outsourced, the owner must sign contracts directly with these companies. This ensures the owner controls pricing, not the concierge. 3. **Software for Live Proof (Logs):** A robust software, like Guest Lucky, is essential to provide demonstrable evidence of compliance in court. The software should include a dedicated owner space where owners can access their revenues, reservations, occupancy rates, and incidents. More importantly, it must allow owners to validate tariffs and calendars through their interface. This digital history, combined with a well-structured contract, provides irrefutable proof of the owner's involvement in decision-making. A contract without such materialized proof is just paper. **Solution 2: G Card Delegation or Acquisition** This solution involves either partnering with a real estate agent who holds a "G" card (delegation of the G card) or obtaining the "G" card directly. Obtaining the card requires specific qualifications (e.g., a real estate BTS degree or several years of experience) and significant financial guarantees and specific professional liability insurance. With a "G" card or delegation, the concierge service is no longer subject to the Loi Hoguet's restrictions on managing for others. In conclusion, the concierge industry grew rapidly but on fragile legal foundations, with many contracts drafted too lightly. Owners were often not consulted on key decisions like pricing and platform conditions. This centralized, opaque model, where the concierge made all decisions, is precisely what the Loi Hoguet targets. The concierge service of tomorrow must be transparent, with the owner as an active participant, not a spectator. This requires giving owners decision-making tools, not just documents. The sales pitch for concierge services will shift from "I manage everything, you do nothing, you just get paid" to "I am your operational partner; you remain the owner of your decisions." This means the concierge applies the owner's pricing policy, manages validated calendar availabilities, and provides real-time income information. For complete legal freedom, the "G" card or its delegation is the ultimate solution. This represents a natural selection in the market. Many concierge services will have to adapt or face closure. A significant shake-up is expected. Property owners will become more selective, seeking compliance and professional responsibility from their concierge partners. While some may be skeptical, believing "it only happens to others," the recent court decisions, which took time to materialize, prove otherwise. Legal risk doesn't wait for a relationship to sour; it just waits for someone to be motivated to use it. For those interested, a checklist for Loi Hoguet compliance is available via Instagram. Webinars are also planned for those looking to create or adapt their concierge services. The speaker urges viewers to share this video with anyone in the Airbnb concierge business to help them understand and adapt to these crucial changes. The era of informal, "DIY" concierge services in a legal gray area is over; the future belongs to those who operate seriously and professionally.