GENERAL TERMS AND CONDITIONS OF SALE
It is stipulated that the term « operating company » refers either to RSG (Résidences Services Gestion), REA (Réside Etudes Apparthotels), Relais Spa SAS or Réside Luxembourg Exploitation (N°10105721).
Article 1 – LEGAL STATUS OF THE CONTRACT
This contract is subject to the regulations governing serviced residences or tourist residences, depending on the establishment. The current rental is on a temporary basis only. The premises cannot be used as a main or even secondary residence. The tenant cannot use the premises for any trade, manufacturing or business activity. In no circumstances shall clients be able to take advantage of the legal provisions applicable to rented housing, in particular with regard to maintenance. As a result, this contract will be governed by the provisions of the civil code as well as by the terms set forth herein.
Apartments in Séjours & Affaires, Residhome or Relais Spa Chessy residences are only validly booked once the operating company has accepted the booking. The operating company has full discretion with regard to confirming client reservations. In addition, in order to be confirmed, bookings must be backed by valid credit cards issued by reputable banks, have been covered by a prior credit agreement with the operating company, or be followed by a deposit or payment in full.
The aforementioned deposit must correspond to:
- one night in the case of stays of fewer than 5 nights
- two nights for stays between 5 and 27 nights
- 4 nights for stays of 28 days or longer.
The deposit must be made in the 7 days following the reservation. After this deadline, the reservation will be cancelled. In the event of a cancellation, the deposit may be retained according to the modalities specified in article 7. Multiple bookings (i.e. covering more than 10 apartments, depending on the residence and made by the same organisation for the same period) are subject to the specific conditions for group bookings.
Different conditions may apply for special offers. In this case, conditions mentioned below the rate value, on the booking screen, or on any visual or communication support, will prevail on the above conditions.
Article 3 – TERMS OF PAYMENT
Invoices must be paid immediately on presentation. The operating company will ask clients to pay for their entire stay on the day of arrival. However, in the case of stays longer than 28 nights, the invoices will be issued and presented monthly and are to be paid in advance. In cases where it has been agreed that a third party will pay for the client’s stay, the client will remain personally responsible for the payment in question. Payment for optional services must be paid on presentation of the corresponding invoice. The operating company accepts a credit limit of 200 euros for this type of service. If invoices remain unpaid on the due dates, the operating company shall be entitled to a monthly interest of 1.5%. In cases of an outstanding balance remaining unpaid on the resident’s check-out date, the operating company reserves the right to charge his credit card for the outstanding balance.
Rates are indicated in euros. They include all taxes and just cover the provision of accommodations. They do not include the local city tax or optional services.
Article 5 – SECURITY DEPOSIT
Upon arrival, when the keys are given, the tenant must pay a security deposit of 250 euros for stays fewer than 28 days and 700 euros for stays of more than 28 nights. The security deposit will be immediately returned in its entirety under the following conditions: after the keys are returned, in the absence of damage to the apartment, and after payment for optional services. The return of the security deposit shall be subject to payment of all sums payable under the contract and it will be allocated to repairs of any damage, the replacement of missing items, or housekeeping expenses. The balance will be returned to the client no later than 60 days after checkout.
Article 6 – CHANGES TO THE LENTGH OF STAY
The length of the stay shall be as provided for in the booking confirmation or accommodation offer. Subject to availability and at the discretion of the operating company, a stay can be extended, without any obligation to retain the same apartment or the same price. In the event of an accepted extension and the application of a new price, the new price will start on the first day of the extension.
In the event of an early departure, the applicable price will be that corresponding to the period thus cut short. Any price alteration linked with an early departure will be applied retroactively to the client’s account as from the date of his arrival. For an initial stay of fewer than 28 nights, the resident is requested to notify the residence of the new check-out date at least 48 hours in advance. Failure to respect this deadline may result in the payment of a early departure fee ranging from 1 to 2 nights, according to the operating criteria. For an initial stay of more than 28 nights, the resident is requested to notify the residence at least 7 days before the new check-out date. Failure to respect this deadline may result in the payment of a early departure fee ranging from 2 to 7 nights, according to the operating criteria.
Article 7 – CANCELLATION / NO SHOWS
Customers are reminded that, in accordance with Article L242-3 of the French Consumer Code, they are not entitled to the right of retraction provided for under Article L221-28 of the same code.
All cancellations must be made to the operating company in writing. The effective date of a written cancellation will be the date of its receipt at the establishment. In case of cancellation, cancellation charges will be charged by the operating company according to the conditions stipulated hereafter:
- If your stay is shorter than 5 nights: Cancellations received after 6 pm (local time) on the day of arrival will be subject to a cancellation charge equal to one night’s stay.
- If your stay is between 5 and 27 nights: Cancellations received less than 48 hours before the scheduled arrival date will be subject to a cancellation charge equal to two nights’ stay.
- If your stay is longer than 28 nights: cancellation received less than 72 hours before the scheduled arrival date will be subject to a cancellation charge equal to four nights’ stay.
Failure to arrive (with a reservation) without making a cancellation shall be deemed to constitute a “no show” and shall be subject to the cancellation charges stipulated above.
Some special rates may be non-refundable, whenever the cancellation is received. In this case, the above policy will not apply and the full prepaid amount will be kept by the operating company and cannot be reimbursed for any reason.
Similarly, special rates, such as "semi-flexible" rates, which provide for a maximum period of notice to confirm the cancellation before the day of arrival, are considered non-refundable if the notice period is not respected. The total amount prepaid will not be refunded for any reason whatsoever.
Article 8 – CHECK-IN AND CHECK OUT.
Keys are handed over after 3pm on the check-in day. These keys are to be returned before 12 noon on the check-out day. Our establishments have different opening days and hours. It is up to the resident to check them upon booking and if necessary, to notify the residence of check-in hour outside of opening hours. The residence will make arrangements directly with the resident to give him the necessary access codes and the procedure to follow.
Article 9 – RESIDENT OBLIGATIONS
The apartment shall be made available to the resident in good order and condition. The resident shall use the rented space and facilities in such a way as not to disturb the other occupants of the building.
The resident must abide by the maximum occupancy rules indicated on the price grids, according to type of apartment and residence.
There is an inventory in each apartment. The resident must check it for accuracy and quality on arrival and advise reception of any problems, or any items found to be missing or damaged on his arrival. On departure, the operating company will check the inventory and the condition of the apartment, and any missing items or damage caused to the apartment will be invoiced to the resident.
The operating company reserves the right to enter the premises rented for purposes of maintenance or safety.
The operating company will not be held responsible in the event of theft or damage to personal effects in the apartments, including individual safes, common areas, parking lots and any other outbuildings or annexes of the establishment. Since this rental agreement is governed by the serviced and tourist residence statute, the provisions of Articles 1952 ff of the Civil Code relating to hotels are not applicable.
The on-site teams are available during your stay to deal with grievances, correct any malfunctions noted, and enable you to enjoy your stay to the fullest. Any complaints can be sent by registered mail to: GROUPE RESIDE ETUDES,42 Avenue George V, 75008 PARIS.
Article 12 – MODIFICATION OF OUR SERVICES
If the circumstances require it, and only in cases of force majeure beyond our control, the operating company may have to modify its services in full or in part. This includes changes to services concerning accommodations as well as to optional services such as breakfast. Services not provided will not be invoiced, but no compensation will be paid.
Article 13 – TERMINATION – PENALTIES – NON-RENEWAL
This contract shall be legally terminated, immediately and informally, in case of failure by the resident to fulfill any of his obligations, or behaving inappropriately in a way that disturbs the other occupants of the building. The resident will have to vacate the premises immediately and may be evicted if need be with the help of law enforcement authorities.
Article 14 – Information technology and liberties
or is available upon request at the residence reception. In particular, the Policy specifies the period for which the personal data is stored, provides a reminder of the customer rights associated with the data and information on how these can be exercised.
All consumers have the option to register for free on the telephone marketing opt-out list www.bloctel.gouv.fr. It is prohibited for a professional to approach a consumer by telephone who is registered on this list, except when contractual relations have been established.
Article 15 – Resolution of consumer disputes
In accordance with articles L611-1 and following and R612-1 and following of the Consumer Code, any so-called consumer dispute or disagreement, subject to article L.612-2 of the same code, may be the object of amicable resolution via mediation with the CMAP – the Paris Centre of Mediation and Arbitration -.
The mediator cannot examine disputes when the request is clearly unfounded or abusive, or when it has previously been examined or is in the course of being examined by another mediator or a court, or if the consumer has made the request to a mediator more than one year after making a written complaint to the lessor or if the dispute does not fall within the mediator’s sphere of authority, or, finally, if the tenant cannot prove that he or she has previously attempted to resolve the dispute directly with the lessor in the following way:
- 1st registered mailing of the complaint to your residence with acknowledgement of receipt (postal address shown on your reservation confirmation) or email to firstname.lastname@example.org
- 2nd registered mailing of the complaint with acknowledgement of receipt to Groupe Réside-Etudes - Médiation Client – 42 avenue George V – 75008 PARIS, if the dispute is not resolved within 2 weeks of the 1st mail being received.
If there is no response within one month of the second mailing or if the response is unsatisfactory, you may submit your dispute to the mediator in the following ways, according to your preference:
- Fill in the form on the CMAP site: www.cmap.fr “You are a consumer” tab.
- Send your request by ordinary or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.
- Send an email to email@example.com.
However CMAP is contacted, for it to be processed quickly, the request must contain the following elements: the postal, email and telephone contact details as well as the names and addresses of the parties in dispute; a succinct exposition of the facts; a copy of the 2 prior written complaints for CMAP referral.