Terms and conditions applicable to tourist residences
TERMS AND CONDITIONS APPLICABLE TO TOURIST RESIDENCES
As of May 14, 2020
Article 1 - Scope and location
These Terms and Conditions ("T&C") apply in their entirely to reservations made in the following residences, unless otherwise specifically stated.
ALL SUITES APPART HOTEL MERIGNAC, located at 27 allée Félix Nadar, 33700 MERIGNAC, managed and operated by the company GESTSAINTEX, SARL with a capital of 7,500 euros, registered with the Trade and Company Registry (RCS, Registre du Commerce des Sociétés) in Bordeaux under the number 485 261 820 with its headquarters at 20-24 avenue de Canteranne, 33600 PESSAC, whose intracommunity VAT number is FR 63 485261820.
ALL SUITES APPART HOTEL BORDEAUX-LAC, située rue du Professeur Georges Jeanneney, 33300 BORDEAUX-LAC, managed and operated by the company GESTLAC, SARL with a capital of 7,500 euros, registered with the Trade and Company Registry (RCS, Registre du Commerce des Sociétés) in Bordeaux under the number 504 635 798 with its headquarters at 20-24 avenue de Canteranne, 33600 PESSAC, whose intracommunity VAT number is FR 82 504635798.
ALL SUITES APPART HOTEL PESSAC, located at 2 avenue Antoine Becquerel, 33600 PESSAC, managed and operated by the company GESTPESSAC, SARL with a capital of 2,500 euros, registered with the Trade and Company Registry (RCS, Registre du Commerce des Sociétés) in Bordeaux under the number 794 665 844 with its headquarters at 20-24 avenue de Canteranne, 33600 PESSAC, whose intracommunity VAT number is FR 26 794665844.
ALL SUITES APPART HOTEL BORDEAUX-MARNE, located at 21 cours Barbey, 33800 BORDEAUX, managed and operated by the company GESTNAVALE, SARL with a capital of 2,500 euros, registered with the Trade and Company Registry (RCS, Registre du Commerce des Sociétés) in Bordeaux under the number 810 757 872 with its headquarters at 20-24 avenue de Canteranne, 33600 PESSAC, whose intracommunity VAT number is FR 83 810757872.
ALL SUITES APPART HÔTEL ORLY-RUNGIS, located at 16 rue du Pont des Halles, 94150 RUNGIS, managed and operated by the company GESTORLY, SARL with a capital of 2,500 euros, registered with the Trade and Company Registry (RCS, Registre du Commerce des Sociétés) in Bordeaux under the number 533 187 563 with its headquarters at 20-24 avenue de Canteranne, 33600 PESSAC, whose intracommunity VAT number is FR 12 533187563.
ALL SUITES APPART HOTEL CHOISY-LE-ROI, located at 23 avenue Louis Luc, 94600 CHOISY-LE-ROI, managed and operated by the company GESTLEROI, SARL with a capital of 2,500 euros, registered with the Trade and Company Registry (RCS, Registre du Commerce des Sociétés) in Bordeaux under the number 803 727 551 with its headquarters at 20-24 avenue de Canteranne, 33600 PESSAC, whose intracommunity VAT number is FR 24 803727551.
ALL SUITES APPART HOTEL PALAISEAU, located at avenue des Alliés, 91120 PALAISEAU, managed and operated by the company GESTALLIES, SARL with a capital of 2 500 euros, registered with the Trade and Company Registry (RCS, Registre du Commerce des Sociétés) in Bordeaux under the number 821 481 975 with its headquarters at 20-24 avenue de Canteranne, 33600 PESSAC, whose intracommunity VAT number is FR 14 821481975.
ALL SUITES APPART HOTEL LA TESTE-DE-BUCH, located at 1246 avenue Gustave Eiffel, 33260 LA TESTE-DE-BUCH, managed and operated by the company GESTOCEANIDES, SARL with a capital of 7,500 euros, registered with the Trade and Company Registry (RCS, Registre du Commerce des Sociétés) in Bordeaux under the number 500 017 447 with its headquarters at 20-24 avenue de Canteranne, 33600 PESSAC, whose intracommunity VAT number is FR 24 500017447.
ALL SUITES APPART HOTEL PAU, located at 4 rue des Tiredous, 64000 PAU, managed and operated by the company GESTPARKWAY, SARL with a capital of 7,500 euros, registered with the Trade and Company Registry (RCS, Registre du Commerce des Sociétés) in Bordeaux under the number 517 889 572 with its headquarters at 20-24 avenue de Canteranne, 33600 PESSAC, whose intracommunity VAT number is FR 37 517889572.
ALL SUITES APPART HOTEL DUNKERQUE, located at Quai Freycinet, 1 avenue de l’Université, 59140 DUNKERQUE, managed and operated by the company GESTDUNKERQUE, SARL with a capital of
2,500 euros, registered with the Trade and Company Registry (RCS, Registre du Commerce des Sociétés) in Bordeaux under the number 523 049 997 and with its headquarters at 20-24 avenue de Canteranne, 33600 PESSAC, whose intracommunity VAT number is FR 15 523049997.
Article 2 – Accommodation Service and Regulations
The ALL SUITES APPART HOTEL ("ASAH") residences are 3-star tourist residences, offering furnished accommodation for more or less long-term stays, for both professional and leisure purposes, and which are equipped with the necessary equipment for temporary accommodation. Personal and collective services are also available on an optional basis.
All customers are deemed to have read, understood, and accepted these Terms and Conditions at the time of reservation. For this purpose, customers are presumed to have full guarantees for the legal capacity of entering into contracts. The reserving party is solely responsible for the choice of reservation conditions, whether the reservation has been made on their own behalf or on behalf of and in the interest of another party. The reserving party also expressly declares not to be acting on fraudulent grounds.
The reservation contract ("Contract") refers to all terms of reservation and the T&C, and is subject to applicable regulations governing tourist residences. The customer may not invoke any legal provisions applicable to housing leases, in particular those regarding the maintenance of premises. Any designation of domicile in the residence, for private or business purposes, is strictly prohibited.
Article 3 – Residence contact details and business hours
3-1. Contact information
ASAH MERIGNAC - Tel: 05 56 184 184 - Email: firstname.lastname@example.org
ASAH BORDEAUX-LAC - Tel: 05 35 31 01 01 - Email: email@example.com
ASAH PESSAC - Tel: 05 56 07 41 60 - Email: firstname.lastname@example.org
ASAH BORDEAUX-MARNE - Tel: 05 57 97 07 90 - Email: email@example.com
ASAH ORLY-RUNGIS - Tel: 01 48 84 42 42 - Email: firstname.lastname@example.org
ASAH CHOISY-LE-ROI - Tel: 01 48 52 90 00 - Email: email@example.com
ASAH PALAISEAU - Tel: - Email: firstname.lastname@example.org
ASAH LA TESTE-DE-BUCH - Tel: 05 56 22 05 00 - Email: email@example.com
ASAH PAU - Tel: 05 59 71 77 77 - Email: firstname.lastname@example.org
ASAH DUNKERQUE - Tel: 03 28 69 70 40 - Email: email@example.com
3-2. Residence reception hours
7 days a week from 7am to 10pm.
In order to complete the formalities necessary for entry into the premises, the Customer must arrive between 3pm and 10pm.
Checkout and departure must take place before 12:00.
Monday to Friday 7am to 11pm. Saturdays, Sundays and public holidays from 8am to 10pm.
In order to complete the formalities necessary for entry into the premises, the Customer must arrive between 2pm and 10pm Monday to Friday, or between 2pm and 9pm on Saturdays, Sundays and public holidays.
Checkout and departure must take place before 12:00.
7 days a week from 6:30am to 11pm.
In order to complete the formalities necessary for entry into the premises, the Customer must arrive between 2pm and 11pm.
Checkout and departure must take place before 12:00.
ASAH ORLY-RUNGIS, ASAH DUNKERQUE, ASAH CHOISY-LE-ROI, ASAH BORDEAUX-MARNE and ASAH PALAISEAU
Reception is open and check-in is possible 24 hours a day, every day.
In order to complete the formalities necessary for entry into the premises, the Customer must arrive starting at 2pm.
Checkout and departure must take place before 12:00.
ASAH LA TESTE-DE-BUCH
Monday to Saturday from 8am to 8:30pm. Sunday from 8am to 12pm and from 2pm to 6:30pm. Public Holidays: from 8am to 12pm and from 4pm to 7:30pm.
May 15 - September 30: from 8am to midnight.
In order to complete the formalities necessary for entry into the premises, the Customer must arrive between 4pm and 8:30pm Monday to Saturday; on Sundays between 4pm and 6:30pm.
May 15 - September 30: from 4pm to midnight.
Checkout and departure must take place before 11:00.
Monday to Friday 7am to 21pm. Saturdays from 8am to 1pm and from 4pm to 9pm, and Sundays and public holidays from 8am to 1pm and from 4pm to 8pm. Exception during Christmas vacation: from 8am to 7pm.
In order to complete the formalities necessary for entry into the premises, the Customer must arrive between 2pm and 10pm. Saturdays, Sundays and public holidays from 4pm to 8pm. Exception during Christmas vacation: from 2pm to 7pm.
Checkout and departure must take place before 12:00 (except on public holidays and weekends: at 11am).
Article 4 – Reservation Procedure
Rooms can be reserved directly at the reception on site, by telephone, or on-line via this website by completing the form provided for this purpose. The reservation is only valid upon receipt of the residence's written confirmation, which will be established according to (i) the availability of accommodation for the type of accommodation and the period required, and (ii) the successful completion of the (pre)payment process of the stay (by deposit or full payment of the price upon reservation).
In accordance with article L. 112-1 of the Consumer Code, the customer is informed that payments by check are not accepted. In any case, in order to guarantee the reservation, the customer must provide a credit card number (pre-authorization or imprint, or debit depending on the type of rate booked) or any other means of payment accepted by the residence.
4-1. Steps for reserving accommodation are as follows
4-1-1. On-site reservations:
The reception fills out an online reservation form with the Customer, including the Customer's full name, address, telephone number, email ("Personal contact details"), the type of accommodation and length of stay required , with optional services if applicable (e.g. breakfast, parking, etc) (together defined as the "Terms of reservation" or "reservation terms"). Depending on the length of the stay, the internal regulations of the premises must be signed by the Customer and will be enforceable on the Customer.
If the customer is reserving for the same day, the keys are provided and the customer may enter the premises once the stay has been paid for in full.
4-1-2. Remote reservations:
For all reservations made remotely, the residence reserves the right to ask the customer to present an official identity document and the bank card used for the reservation upon arrival.
- Telephone reservations:
The reception desks can be reached using the numbers cited in Article 3 (price of a local call with no extra charge, depending on the supplier's rate conditions), or via a general call center, using the number: 0 800 33 9000 (toll-free number, free from a fixed telephone).
The receptionist or telephone operator registers the customer's reservation terms. Within 24 hours, the customer will then receive a confirmation email (or letter or fax, if applicable), specifying that their request criteria have been registered and that the request has therefore been accepted.
- On the Website:
A special form must be filled in online by the customer to specify the reservation terms. Within 24 hours, the customer will then receive a confirmation email specifying that their request criteria have been registered and that the request has therefore been accepted.
In all cases if the guarantee is solely by credit card number, the reservation will be valid once the card has been verified (imprint taken or pre-authorisation), without any automatic debit.
Any reservations accepted without a credit card number, deposit or prepayment as a guarantee will be kept until the option date provided at the time of the initial reservation. If the option is not confirmed, the reservation will be automatically canceled.
4-2. Special cases
Requests for 91 consecutive nights or more: these are long stays that can benefit from preferential rates based on fixed rental packages, such as "3 month" or "6 month" packages. Once the Request has been made, the Customer must complete a specific dossier and produce several documents attesting to his or her personal and professional situation, as a financial guarantee for a reservation of more than 3 months. As no deposit is required in this case during the pre-booking stage, the Customer's request only becomes valid upon approval of this dossier; the Customer will be duly informed of the process.
A deposit of 30% must be paid for group reservations (i.e., reservations involving at least 10 rooms with or without the rental of meeting rooms, catering services, etc., made by the same entity), due upon confirmation on the date established by the residence. The balance is due at least one month prior to the arrival date. Partial cancellation of no more than 10% of the reserved rooms is possible without penalties up to 3 days before the date of arrival. However, the customer is informed that more restrictive conditions may apply during busy periods (summer, trade fairs, special events, etc.).
It is noted that in no case may reservations be exchanged or resold to a third party, for any reason whatsoever.
Article 5 – Prices
Prices provided are in euros and include all taxes at the rate applicable on the day of registering the rental request, subject to the potential application of currency exchange costs for reservations made from countries located outside of the Euro zone. They only include the provision of a furnished accommodation with water and electricity. They do not include tourist taxes or any optional services.
The prices of apartments and other services are revised and applicable on 1 January each year. Prices may be consulted at any time by customers and are on display both in the residence and on the Website. The price grid may be revised during the year, without notice and at the sole initiative of the residence’s managing company (the "Company"). The contractual price is that in force on the day the rental request is made.
Article 6 – Payment Terms and Conditions
To be accepted, the reservation must be guaranteed by a valid credit card* and/or have been the subject of a prior credit agreement with the residence (following an agreement between the related banks), and be preceded, depending on the case, by either a minimum deposit or full prepayment of the reservation.
Payments made directly at the reception desk are accepted in cash (except foreign currency), bank checks/accredited holiday checks or credit card. Payments made remotely are only allowed by credit card or bank transfer.
Payments made remotely are accepted via the secured PayZen system (multi-bank module), which uses the TLS protocol to ensure the banking information is encrypted by software and that no third parties can access it while it is being carried through the network. Using this system, the customer's account is automatically debited following authorisation by the bank, which will determine whether the account to be debited contains sufficient funds.
As the stay is invoiced on arrival of the customer, prepayment may nevertheless be demanded at the time of reservation according to the envisaged length of stay and rate type:
- For stays of between 1 and 89 nights at the standard rate, reservations are subject to the customer providing a credit card number. There will only be an impression taken, with pre-authorization corresponding to the rate for the first night if necessary, without automatic bank withdrawal at this stage. For reservations on site at reception, the reservation may be guaranteed by any other accepted payment method.
- For all stays reserved at promotional rates, please refer to the special terms of sale (deposits, full prepayment, etc.) provided on the Website. Payments are to be made at the reception desk for reservations made on site, or debited via the bank card reservations made remotely.
- For any reservation at the special rate for 7 to 29 nights, a deposit of 30% of the total price of the reservation is required.
- For any reservation at the special rate for 30 to 90 nights, advance payment of 10% of the total price of the reservation is required.
- In both cases, it will be due on the day of the reservation and payable at the reception desk for reservations made on site, or charged to the credit card to be debited for remote reservations.
- For any stay of 91 nights or more, no deposit will be required at the time of the pre-reservation, which is guaranteed by the Customer producing certain official documents referred to in Article 4. As a financial guarantee, a surety may be required.
If these requirements are not met, the residence reserves the right to ask the Customer for payment in advance for the first 3 months of the reservation.
Whether the reservation is made on site or remotely, the customer must provide a credit card number for taking an impression, if necessary with pre-authorization. In all cases, the total (remaining) price of the stay shall be invoiced on the customer's arrival, taking into account any deposits already paid, which shall then be deducted from the overall invoice to be paid.
*The accepted credit cards are as follows: Bank debit card, Visa, MasterCard and American Express.
6-1. Payment of a deposit or prepayment in full during reservation
In the case of deposits, the amount obtained shall be deducted from the overall invoice to be paid by the customer at the reception desk at the time of entering the accommodation. Except in the case of a technical error or if it is impossible to successfully perform the transaction due to insufficient funds in the bank account concerned, the reservation request shall be simultaneously validated downstream of the aforementioned PayZen system. If the required deposit cannot be obtained, the reservation cannot be registered.
For reservations made remotely: once authorisation has been received from the bank to obtain the deposit due, the customer will receive an email within 24 hours (in exceptional cases, if no other option is available, by letter or fax or telephone reservations) confirming registration of their rental request.
Exception applicable to the ASAH LA TESTE-DE-BUCH residence during the High season / summer school holidays: a deposit of 30% of the total amount upon reservation is required for any stay at the standard rate, the company rate, or the special rate for 7 to 29 nights. The balance is due 15 days before arrival at the latest. Consequently, reservations made less than 15 days before arrival will be subject to full prepayment for the stay.
6-2. Payment of the balance for the reservation. Security deposit
For all stays at the standard rate, the price of the stay shall be invoiced in full by reception on arrival of the customer.
For all stays at the special rate for between 7 and 29 nights and at the special rate for between 30 and 90 nights, the customer must pay the corresponding invoice on arrival, minus the amount of the deposit already paid at the time of reservation.
For any stay of 91 nights or more, the invoice will be established on a monthly basis. The customer must pay it at the reception desk between the 1st and 5th business day of the beginning of each reservation. The reception desk will require payment in advance of the first 3 months of reservation for entry to the premises, except in the event that the Customer's dossier does not meet all the conditions approval, but has nevertheless been accepted by the residence.
In cases where it has been agreed that payment of the customer's stay is to be paid by a company that has entered into a commercial agreement with the Company, the customer will be held personally liable for said payment in the event of the company defaulting.
In order to guarantee the successful performance of the Contract, the Customer must make a security deposit for any stay of 30 nights or more (500 euros or 800 euros depending on the type of accommodation). At the end of the Contract, the refund will be made within 2 months following departure, after an inventory of the room and fixtures, with deduction of the costs of repair for any damage, loss and/or cleaning.
For stays from 1 to 29 nights, a security deposit of up to 200 euros may also be requested (cash or credit card imprint) to cover any repair costs for damage, loss and/or cleaning.
For optional services (e. g. breakfast, parking), payment is required by the reception at the end of the stay, or at the end of each month for medium and long stays (more than 30 nights). The amount of credit accepted for this purpose is capped at 50 euros. A credit card number or cash deposit may be requested on arrival to guarantee payment of any options during the stay.
Should customers fail to pay any or all of the services from which they have benefited during their stay, the Company reserves the right to hold them liable by instituting all necessary legal proceedings to recover its debt and, if necessary, have the room vacated immediately and without notice.
Special conditions applicable to the ASAH LA TESTE-DE-BUCH residence during high season - summer school holidays for the standard rate, the company rate and the special rate for 7-29 nights: to confirm your stay, reservations are subject to the payment of a deposit of 30% at the time of booking. The balance is due 15 days before arrival at the latest.
Article 7 – Reservation Changes
The details of each reservation accepted shall be kept until the end of the reservation period, with this period to be extended to the applicable legal limit in relevant cases.
For any modification to the reservation before the beginning of the stay, the customer must:
- If the reservation was made on the Website, make any modifications directly on the site using the link contained in the email confirming the reservation,
- If the reservation was made by another booking platform such as Booking or Expedia, follow the procedure indicated by the platform or call their customer service,
- If the reservation was made with the Contact Center, call the Contact Center again at 0 800 33 9000 (toll-free number, free of charge from a fixed line),
- If the reservation was made directly at the residence, contact the reception of the residence in question either by e-mail or by telephone via the contact information cited in article 3.
In all cases, the modification must be made within the following deadlines: until 4 p.m the day before arrival for stays from 1 to 90 nights booked at the standard rate; at least 14 days in advance for reservations at the special rate from 7 to 29 nights and from 30 to 90 nights, and for stays of 91 nights and more. Beyond these deadlines, a penalty will apply according to the conditions for each rate. Certain promotional rates with full prepayment can be neither canceled, changed nor reimbursed.
For any modification to the reservation during the stay:
Subject to availability and at the discretion of the residence, the length of stay can be revised upwards or downwards, with a corresponding change in price. The residence does not have any obligation to keep the Customer in the same apartment.
In the event of early departure in relation to the date specified at the time of reservation, the occupant must notify reception in advance and acknowledge that there may be an adjustment in the rental rate within the aforementioned periods. In cases of early departure, reception must be notified and the room must be vacated before noon in order to avoid an additional night being invoiced. Certain special rates and periods of stay are subject to specific terms of sale and do not allow for early departure without incurring costs. The customer's invoice will subsequently be revised and the applicable price will be the price corresponding to the modified duration of the stay.
Article 8 – Withdrawal - Cancellation of Reservations - Failure To Show
8-1. By the residence in case of force majeure
In the event of cancellation of a confirmed reservation by the residence due to a case of force majeure, the Customer will be offered the choice of a relocation solution or a full refund of the deposit within a period of no more than 15 days after being informed of the cancellation.
8-2. By the customer
Pursuant to Article L. 221-28 of the Consumer Code, reservations for stays in tourist residences are not subject to the legal withdrawal period; reservations for this type of accommodation may be made for the same day.
However, a maximum cancellation period is provided here by convention: the customer must give notice until 4 p.m the day before arrival for stays of between 1 and 90 nights reserved at the standard rate, and at least 14 days in advance for reservations at the special rates for stays of 7 to 29 nights and for stays of 91 nights or more. The rate for 30 to 90 nights cannot be canceled without charge.
Exception applicable to the ASAH LA TESTE-DE-BUCH residence during the High season / summer school holidays:
- Cancellation free of charge up to 15 days before the Customer's arrival.
- Cancellation 14 days or less before arrival: 100% of the total amount for the stay will be retained.
- In the event of a no show by the customer or early departure before the end of the stay, the total amount of the stay will be retained.
Customers who comply with these deadlines and terms of sale specific to the reserved rate shall not be obliged to pay any penalty to the residence. When reservations are accompanied by a deposit, this deposit will be returned in full to the customer (either by bank card or bank transfer) within 30 working days of the date on which the residence registers the cancellation.
However, for all cancellations of reservations made after the deadlines, the residence shall keep as compensation:
(i) the deposit or full prepayment, in cases where prepayment was required, without the possibility of reimbursement.
(ii) an amount equal to the cost of the first night for reservations at the standard rate for between 1 and 90 nights. As a result, any invoice already paid on site at the reception desk shall not be reimbursed and in the case of reservations made remotely and for which a credit card imprint was taken or pre-authorization was given, the amount will be automatically deducted from the bank account to be debited.
(iii) an amount equivalent to the cost of the 1st month reserved, for reservations of 91 nights or more, according to previously established criteria. It follows that the credit card number communicated on site or remotely for an impression or pre-authorization will automatically charge such an amount to the account to be debited.
If no cancellation has been received, failure to arrive on the agreed date will be considered a "no-show", which shall also result in the residence keeping the deposit paid on reservation by the customer, or the deduction of a penalty, as specified above.
The effective date of any cancellation is the date on which this information is received by the reception desk; either directly on site or by telephone (see contact details in article 3).
8-3. Special conditions for promotional bookings
Certain promotional rates with full prepayment can neither be cancelled, nor changed nor reimbursed as from the time of reservation. For other cases, at the discretion of the residence management, only changes to the date of the stay may be granted (subject to availability at the same rate for the requested period).
Article 9 – Obligations of the Customer during the Rental Period
In exchange for the room provided being in a good state of repair, the Customer agrees to use the rented accommodation and any associated equipment in a responsible manner. The customer must return the accommodation in the same state of repair as when entering into the accommodation. It is recalled that under the Tourism Code, customers may report any non-conformity that they may find only during the stay and not after leaving.
An inventory is provided on arrival. The customer must check the accuracy and quality of the inventory upon arrival and report any anomaly or missing or damaged object to the reception desk the day after arrival.
The internal regulations of the residence, which are displayed on site on arrival and available for consultation at any time throughout the stay, are enforceable as regards customers and must therefore be complied with in a prudent and responsible manner by all customers. Failure to comply with the internal regulations is a cause for early termination of the rental agreement, with the residence reserving the right to have the room vacated in the event of a serious breach of any of the conditions contained therein.
Customers are advised that during the rental period, residence staff may enter the apartment at any time, if necessary, not only for maintenance purposes, but also on serious safety grounds. Under no circumstances should the Customer change the accommodation's access system.
When the Customer leaves, the inventory and cleanliness of the accommodation will be checked by the residence staff. Any missing items from the inventory, damage or deterioration caused in the apartment as a result of the customer's actions will be invoiced to the customer.
Article 10 - Animals
Animals belonging to non-domestic species are not allowed in the establishment.
Specifically concerning the types of dogs that are likely to be dangerous, attack dogs (1st category) are also prohibited within the establishment. Guard and defense dogs (2nd category) are tolerated within the establishment on the strict condition that they must be muzzled and kept on a leash by an adult in accordance with article L211-16 of the Rural and Maritime Fisheries Code.
Service dogs and guide dogs for the blind are authorized within the establishment in accordance with Act No. 2005-102 of 11 February 2005.
All animals must be reported at the time of booking. Only one animal per accommodation is accepted. For reasons of hygiene, animals are not allowed in the breakfast rooms during service times.
Animals must remain under the effective control of their owner at all times. In the event of damage or deterioration caused by the animal, the owner of the animal will be held directly liable.
Article 11 – Termination - Sanction – Non-Renewal By The Customer
The Contract will be automatically terminated, without the need for any formalities or notice period, in case of the customer's failure to perform his or her contractual obligations, or in the event of abnormal and/or inappropriate behavior by the customer which may disturb the peace of other occupants.
The customer will be required to immediately leave the premises and may be expelled, if necessary, with the assistance of law enforcement authorities.
Article 12 - Liability of the Residence
The residence meets the requirements of articles L. 321-1 and following of the Tourism Code. The provisions of articles 1952 and following of the Civil Code, relating in particular to indirect damages, are not applicable to it, as it is a tourist residence and not a hotel.
However, its liability cannot be invoked in the event of failure to fulfill or improperly fulfilling the terms of reservation which is related to cases of force majeure (as defined by article 1218 of the French Civil Code), acts by third parties or by the customer.
In the event of a complaint, customers can make contact either directly at the reception, or by telephone, or in writing by email or fax: see contact details in article 3.
Article 13 - Guarantees - General
The Company is responsible for ensuring that the services provided comply with the Contract, which allows the Customer to make a request under the regulatory guarantee for conformity provided for in Articles L. 217-11 et seq. of the Consumer Code or the guarantee on defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code (subject to photos and other graphic reproductions presented on the Website which do not have a contractual value).
This guarantee covers defects in conformity or hidden defects resulting from a defect in the design or performance of the services ordered under the conditions and in accordance with the terms and conditions defined in the Contract.
Any defects and/or deficiencies found will be rectified within a period set by the residence and taking into consideration the service impacted or, failing that, within a reasonable period of time.
The Company's guarantee is limited to the reimbursement of services actually paid for by the Customer and shall not be considered liable or defaulting for any delay or non-performance due to a case of force majeure.
Article 14 - Cases of prohibition of access to establishments
The Customer, by confirming a reservation in one of the establishments referred to on the Website, whether directly on the Website or through dedicated referencing platforms (of the "Booking" or "Expedia" type, this list being non-exhaustive), expressly declares not to be or have been the subject of any current or past litigation or legal dispute in any of these establishments, relating to (i) the payment of billings (stay, hotel-related services) and / or (ii) the enjoyment of the premises (peaceful occupation and in accordance with the destination of the places and the common areas).
The residence reserves the right to deny authorization to access the establishment if, despite this declaration, such facts are proven, without prejudice to any refusal of reimbursement which would then constitute compensation for the immobilization of the reserved accommodation(s).
Article 15 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
In accordance with the Consumer Code, the consumer is informed that the Hotel reports to the mediator ATLANTIQUE MEDIATION CONSO whose contact details are:
ATLANTIQUE MEDIATION CONSO 5 mail du Front populaire 44200 NANTES - http://consommation.atlantique-mediation.org/
Before entering the aforementioned mediator, the consumer must justify having previously attempted to resolve the dispute directly with the Hotel by a written complaint.
Article 16 – Applicable Law and Settlement of Disputes
The Contract is governed by French law.
Any disputes between parties, for which all prior attempts at an amicable settlement have failed, may be decided by the courts.
Any customer who fails to comply with or manifestly breaches any of the aforementioned provisions shall be liable for civil and/or criminal sanctions, under which the Company reserves the right for any purpose to bring the matter before the relevant courts, which shall in principle be the courts of the place of residence of the establishment (except in cases of special attribution), notwithstanding multiple defendants, the introduction of third parties or provisional orders.
In the event of one of these provisions being deemed illegal or unenforceable by a legal ruling, the other provisions shall remain applicable and enforceable.