GENERAL CONDITIONS OF SERVICE
It is reminded that the accommodations offered by Costebelle Conciergerie are all accommodations intended for seasonal rentals, and can in no case be the object of residential leases subject to the law of July 6, 1989.
1. the company Costebelle Conciergerie, SAS with a capital of 1000 Euros, registered in the Toulon Trade and Companies Register under the number 88176378300019, code NAF 9609Z, whose head office is located at 19, rue Marc Riché, HYÈRES-LES-PALMIERS (83400), represented by Mrs. Lydie Ganache, its current legal representative. hereinafter referred to as "The Company" or "Costebelle Conciergerie". And 2. the Tenant, a non-professional individual of legal age making a Reservation. hereinafter referred to as "the Tenant".
DEFINITION OF CONTRACTUAL TERMS
The terms "Costebelle Conciergerie" and "The Company" used herein refer to the Company Costebelle Conciergerie, with which the Tenant enters into this contract. Advertisement: refers to the online description of the accommodation offered for Rental. General Terms and Conditions of Service: refers to the present General Terms and Conditions.
Supplementary Conditions : refers to the specific conditions set by each Owner and appearing in his Advertisement.
Entrance : refers to the date on which the reservation of the Tenant(s) begins at least at 16H00 (SEIZE HOURS), and on which the responsibility for any damage caused in the apartment as well as in the common areas is transferred to the Tenant(s). Tenant: means any non-professional natural person of full age making a Reservation.
The Tenant is jointly and severally liable and is responsible for the respect of the present General Conditions of Service by all Users of the rented Accommodation.
Rental: means the provision by the Owner to the Tenant(s), on a one-off basis and for a short period of time, of a property under the conditions set out in the present General Terms and Conditions, and where applicable by the Additional Terms and Conditions.
Accommodation: means the property made available by the Owner to the Tenant(s) in the context of the Rental. Household and Linen: means the standard cleanliness of the accommodation. For each Tenant and User, the following items are present in the accommodation: 1 (ONE) duvet cover, 1 (ONE) flat sheet, 1 (ONE) pillow case, 1 (ONE) bath sheet, 1 (ONE) towel and 1 (ONE) tea towel.
These costs are specified on the Announcement form and when the Reservation is validated. Party(ies): means the Company and the Tenant. Owner: means the owner of a property, whether a professional or non-professional individual or legal entity. Website, Platform and Sub-Domains: means the website hosted under the following domain name "www.costebelleconciergerie.com" or any other website owned by Costebelle Conciergerie, as well as the applications owned by Costebelle Conciergerie, used on smartphones, tablets and other electronic surfaces.
User(s): means any person to whom the Tenant gives access to the Accommodation. Third Party Sites : refers to sites not owned by Costebelle Conciergerie, and on which the overnight stays of the apartments managed by Costebelle Conciergerie are marketed. Departure : refers to the date on which the Tenant's reservation ends, at the latest at 10:00 am.
Reservation: limited authorisation granted by the Owner to the Tenant, to enter, occupy and enjoy the Accommodation for the duration of his/her stay from the time of entry to the time of departure.
Article 1 - Purpose These General Terms and Conditions of Service govern the sales of overnight stays in furnished apartments or houses made by Costebelle Conciergerie.
Article 2 - Price The prices are indicated in Euros, all taxes included (value added tax and other taxes applicable on the day of the Reservation), unless otherwise indicated. All Reservations, whatever the origin of the Tenant, are payable in euros. Costebelle Conciergerie reserves the right to modify its prices at any time. However, the Reservation will be invoiced on the basis of the rate in force at the time of its validation and subject to availability.
Article 3 - Reservation
3.1 Reservation Platform The Tenant may make a Reservation on the Website, Platforms and Sub-Domains operated by Costebelle Conciergerie, as well as on Third Party Sites on which Costebelle Conciergerie markets the properties, namely, and without this list being exhaustive: www.airbnb.com, www.abritel.fr, www.booking.com
3.2. Language relating to Reservations Contractual information is presented in French.
3.3. Adherence to the General Terms and Conditions of Service Any Reservation presupposes the Tenant's adherence to these General Terms and Conditions of Service, and, where applicable, to the Additional Terms and Conditions. Consequently, any Reservation implies full and entire adherence by the Tenant to the present General Terms and Conditions of Service, without exception or reservation, as well as, if applicable, to the Additional Terms and Conditions, containing in particular the applicable cancellation conditions and the rules and restrictions specified in the Advertisement. If the Tenant makes a Reservation for additional Users, it shall verify that each of them complies with these General Terms and Conditions of Service, without exception or reservation, as well as with the Additional Terms and Conditions, if any. If the Tenant makes a Reservation for a minor Additional User, the Tenant represents and warrants that it is legally authorised to act on behalf of the minor. All the data provided and the recorded confirmation will serve as proof of the transaction.
3.4. Procedure and Validation of the Reservation The Tenant may make a Reservation, following the following reservation procedure:
Step 1: from the accommodation presentation sheet in list form, the Tenant must click on a button called "RESERVE" relating to the accommodation about which he wishes to have more information;
Step 2: the Tenant is directed to a second page containing the characteristics of the accommodation and the price per night.
Step 2: the Tenant is directed to a second page containing the characteristics of the accommodation and the price per night. If he wishes to continue his Reservation, he must click a second time on the button called " RESERVE ";
Step 4: The Tenant is directed to a fourth page of booking confirmation. An e-mail is sent to him/her summarizing his/her Reservation and related information. The present General Terms and Conditions of Service are attached to this e-mail in a durable and non-alterable format. Costebelle Conciergerie reserves the right not to confirm a Reservation, for any reason whatsoever, and more particularly in the event of a problem of availability referred to in article 6 hereof, or in the event of difficulties concerning the Reservation received. In the case referred to in the previous paragraph, no bank debit will be made. 3.5.
3.5. Entrance and Exit Times The Tenant undertakes to leave the accommodation no later than 10:00 am, the local time applicable to the location of the accommodation. If the Tenant stays beyond the cut-off time, he is no longer allowed to occupy the accommodation and Costebelle Conciergerie and/or the Owner is entitled to make him leave the accommodation by means that comply with the applicable law. In addition, the Tenant undertakes to pay for each twenty-four (24) hour period (full or partial) of overrun, an additional tax equal to two (2) times the average Price posted per night, initially paid by the Tenant as compensation for the inconvenience suffered by the Owner. Any overrun charges payable by the Tenant shall be deducted from the security deposit referred to in Article 7.5 hereof. The Tenant shall remain liable for the excess, if any.
Article 4 -Payment
4.1. Sale Price and Costs The sale price and costs are always expressed in the terms and conditions referred to in Article 2.
4.2 Methods of payment The payment of the Reservation and fees is made by bank transfer to the account of the owner of the accommodation.
4.3. Booking Confirmation The Tenant will receive a confirmation of the Booking by e-mail.
4.4. Obligation to pay The fact of validating the Reservation under the conditions of article 3.4, implies for the Tenant the obligation to pay the price indicated.
4.5. Security Deposit The Tenant gives Costebelle Conciergerie a security deposit by bank imprint effective on the day of arrival, cash or cheque as a guarantee for damages excluding household expenses, of an amount set at the discretion of the owner.The security deposit is blocked 7 (SEVEN) days after the Tenant's departure. At the end of this period, the security deposit is either returned to the Tenant, or kept partially or totally by Costebelle Conciergerie, under the conditions set out in article 7.3 hereof.
Article 5 - Impossibility of cancelling Reservations
Any Reservation made under the Conditions referred to in Article 3.4 hereof is final and non-refundable, without any right of withdrawal being applicable, in accordance with Article L. 221-28 of the French Consumer Code, except if the tenant is unable to move following an administrative decision relating to the COVID-19 crisis (containment or government restrictions). In this particular case related to the Covid-19 health crisis the tenant will be able to cancel and be reimbursed without charge.
Article 6 - Availability The accommodation offered is only available on the dates indicated on the Advertisements, and subject to validation of the Reservation by Costebelle Conciergerie under the conditions of article 3.4. hereof. In case of unavailability of an accommodation after validation of the Reservation, the Tenant will be informed by email. The Reservation is automatically cancelled and and no fees will be charged.
Article 7 - Possible damages caused by the Tenant
7.1. Obligation to return the accommodation in its original state The Tenant is obliged to return the accommodation in its original state. In this respect, the Tenant is responsible for its own actions and omissions. He is jointly and severally liable for potential damage caused by other Users of the accommodation.
7.2. Inventory of fixtures at the entrance and exit Costebelle Conciergerie sends the Tenant an inventory of fixtures at the entrance by electronic means at the Exit of the previous Tenant. The Tenant undertakes to electronically sign the said inventory of fixtures at the latest within 2 (TWO) hours after the Entrance, or to report any complaints. In the absence of signature or complaint within the aforementioned period, this inventory of fixtures shall be deemed to have been accepted. Costebelle Conciergerie will send the Tenant an incident form, which will be considered as the inventory of fixtures after the Tenant's departure, listing any damage.
7.3. Return or deduction from security deposit At the end of the 7 (SEVEN) day blocking period of the security deposit referred to in article 4.5 hereof, Costebelle Conciergerie either returns it to the Tenant, or specifies to the Tenant the total or partial amount withheld, as well as, if applicable, the remaining balance to be paid by the Tenant.
7.4. The Tenant undertakes to cooperate with Costebelle Conciergerie in the event that any claim with the Owner's or Tenant's insurance company or any other organisation requires its intervention. In this respect, the Tenant agrees to provide Costebelle Conciergerie with any information it may require upon its first written request and without delay upon receipt of said request. The Tenant also agrees to sign all necessary documents and to take any other measures reasonably required by Costebelle Conciergerie in order to accomplish the above-mentioned steps.
Article 8 - Possible Complaints by the Tenant
Possible complaints by the Tenant should be sent by the latter to the following e-mail address: email@example.com Costebelle Conciergerie undertakes to take into account as best it can and on a commercial basis the complaints transmitted, without, however, constituting any obligation of means or result on the part of the latter, to deal with them.
As such, Costebelle Conciergerie is notably not responsible for the loss of personal belongings or other property of the Tenant or of the potential Users, which the latter would have left in the Accommodation.
Under no circumstances can the Tenant or the potential Users claim any compensation in this respect. Furthermore, if the Tenant believes that during the Rental period, a person has behaved inappropriately, including but not limited to violent, offensive or sexually inappropriate behaviour, or which causes disturbance in any way whatsoever, the Tenant undertakes to report this to the competent authorities, and then to Costebelle Conciergerie for information purposes; without Costebelle Conciergerie being liable in any way whatsoever.
Article 9 - General obligations of the Tenant The Tenant undertakes to comply with all applicable legislative and regulatory standards.
Consequently, and without this list being exhaustive, it undertakes to refrain from :
- to violate or circumvent any applicable laws, regulations and these General Terms and Conditions of Service;
- to use the Property for commercial or other purposes not expressly authorized by these General Terms and Conditions of Service; - to use the Property in a manner that gives the false impression that Costebelle Conciergerie has been approved by Costebelle Conciergerie, that a partnership or any other link with Costebelle Conciergerie exists;
- to attempt to request or have a Reservation accepted directly by the Owner, in order to avoid payment by Costebelle Conciergerie;
- to interfere in any way whatsoever with the health, peace and safety of others during the Rental period;
- to discriminate or harass any person because of their ethnic or national origin, religion, gender, sexual identity, physical or mental disability, health condition, civil status, age or sexual orientation, or to adopt any violent or disruptive behaviour during the Rental;
Article 10 - Ratings and comments
Any ratings and comments that may appear on the Website, Platforms and Sub-Domains, or Third Party Site are not verified by Costebelle Conciergerie and may be unfounded or misleading. Costebelle Conciergerie cannot be held liable for any ratings and comments mentioned in the previous paragraph.
Article 11 - Liability Costebelle Conciergerie's liability can only be engaged in the event of a breach of its present essential contractual obligations.
Under no circumstances shall Costebelle Conciergerie's liability extend beyond the obligations mentioned in the previous paragraph. Consequently, and without this list being exhaustive, Costebelle Conciergerie's liability cannot be sought for any damage or loss resulting directly or indirectly from the non-respect by the Tenant or the Users of the Accommodation of the present General Terms and Conditions of Service or from the inappropriate use of the Accommodation.
Article 12 - Conformity and Modifications of the General Terms and Conditions of Service
The present General Terms and Conditions of Service are in conformity with the French legislation in force. Costebelle Conciergerie reserves the right to modify its General Terms of Service at any time. If applicable, the General Terms of Service applicable to the Tenant are those in force at the time of the validation of its Reservation.
Article 13 - Applicable Law The present Terms and Conditions of Service are subject to French law. In the event of a dispute, only the French courts shall be competent.
Article 14 - Intellectual Property No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the Website, Platforms and Sub-Domains; the brand, the logo, any information or any individual element belonging to Costebelle Conciergerie.
More broadly, no one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, any term or derived element likely to create confusion in the mind of the public.
Article 15 - Personal Data
15.1 Terms of collection and use of personal data The Tenant agrees that its personal data may be collected by Costebelle Conciergerie in the context of its Reservation. In this respect, the company Costebelle Conciergerie, a simplified joint stock company with a capital of 1000 Euros, with the trade name Costebelle Conciergerie registered in the TOULON Trade and Companies Register under the number 88176378300019, code NAF 9609Z, whose head office is located at 19 rue Marc Riché, in Hyères (83400), is responsible for the processing.
The Tenant is informed that the use of personal data made by Costebelle Conciergerie is for the sole purpose of managing the Reservations. No commercial use of this personal data is made by Costebelle Conciergerie, which is the sole recipient of the data. Costebelle Conciergerie keeps the personal data for a period of 5 (FIVE) years.
15.2. Rights of the Tenant
The Tenant is expressly informed of its rights of access, portability, oblivion, rectification, deletion, limitation and opposition to its personal data.
Thus, the Tenant may obtain an extract of the collected data at any time upon request. In the same way, he can request the complete deletion or modification of the data. The Tenant may also request a temporary restriction on the use of the data or, on request, he may object to the use of his data. In order to exercise the rights referred to in the two preceding paragraphs, the Tenant shall send his request to the following e-mail address: firstname.lastname@example.org.