The companies, Résidences Services Gestion, Relais Spa Val d’Europe and Réside Etudes Apparthotels domiciled at 20 rue Quentin Bauchart- 75008 PARIS Réside Luxembourg Exploitation (No. N°B234680) domiciled at 3 Bld du Jazz - 4370 ESCH-sur- ALZETTE- Luxembourg, are hereinafter referred to collectively and individually as the “Operating Companies” and “Operating Company” respectively.
ARTICLE 1: LEGAL FRAMEWORK
This agreement is, depending on the property involved, governed by the law on serviced residences or tourist residences. This agreement relates to a temporary residence only. The property may not be used as a main or secondary residence. The guest may not practice any commercial, craft or professional activity on the property. The guest may agreement will be governed by provisions in the French Civil Code and the terms and conditions stated herein.
ARTICLE 2: RESERVATION
The reservation of a stay, regardless of the sales channel used, means that the guest has agreed to these Terms and Conditions of Sale (T&Cs). The reservation of an apartment from an Operating Company is only valid after the Operating Company confirms the guest’s reservation. The Operating Company is free to confirm or reject the guest’s reservation. Moreover, the reservation must (i) be guaranteed by a valid credit card issued by a reputable company; (ii) have been the subject of a prior credit agreement with the Operating Company; (iii) be followed by a down payment; or (iv) be followed by full payment for the stay. The above-mentioned down payment will equal the price for:
- a one-night stay where the full stay is under 5 nights,
- a two-night stay where the full stay is between 5 and 27 nights,
- a four-night stay where the full stay is 28 nights or more.
The down payment must be made within 7 days after the reservation is made. If payment is not made within this period, the reservation will be cancelled. If a reservation is cancelled, the down payment may be kept according to the conditions stated in Article 7. Particular terms and conditions apply to group reservations. A group reservation is any reservation made by a single entity for over 10 accommodation units during the same period at the same hotel.
Different conditions may apply for special promotions. In this case, the particular conditions stated under the price description on the reservation page or marketing material will take precedence.
ARTICLE 3: PAYMENT TERMS
Bills must be immediately paid when presented to the guest. On the day the guest arrives, the Operating Company will bill the guest for their entire stay, except for stays over 28 nights. For stays over 28 nights, bills will be issued and presented monthly and they will be payable in advance with any deductions made for down payments already made. Where an agreement is made that the guest’s stay will be paid by a third party, the guest will remain jointly and severally liable for the payment in question. Payment for all optional services will be required on presentation of the relevant bill. In the event of a late payment, the Operating Company will have the right to charge interest at 1.5% per month on the outstanding amount. If there is any outstanding amount on the guest’s departure date, the Operating Company will be entitled to charge the guest’s credit card for that outstanding amount.
ARTICLE 4: PRICES
All prices are stated in euros. The prices include VAT and relate only to the provision of accommodation. Prices do not include tourist taxes or optional services.
In the event of new texts, laws or regulations, likely to lead to a variation in price such as the modification of the VAT rate or the introduction of a new tax, these modifications may be passed on at any time to the prices indicated on the date of invoicing. In addition, in case of tariffs negotiated between professionals, the Operating Company reserves the right to increase the prices indicated at the billing in proportion to the increase in the consumer price index; the effective date shall be the month following the notification by any written means of the said increase and subject to the increase of the said index by more than 5 % in relation to that existing at the last invoicing.
ARTICLE 5: SECURITY DEPOSIT
Upon arrival, the guest shall pay a €250 security deposit for a stay under 28 nights and €700 for a stay greater than 28 nights. Once the security deposit is paid, the keys will be handed over. If the guest does not make any complaint about the property at the time of arrival, the room will be deemed to be in a good state of repair and fully furnished. The security deposit will be immediately refunded in full at the time of returning the keys provided that there is no damage to the property observed and any services used on the premises have been fully paid for. Otherwise, the security deposit will be refunded within sixty (60) days of the guest’s departure, after any deductions for the repair of damage, replacement of missing items or cleaning of the property.
To guarantee the Operating Company against any damage caused or any item brought by the guest into the apartment or, in general, the residence, the Operating Company may require that the guest provide at the time of reservation a credit card number which will be valid during the entire stay and a minimum of fifteen (15) days after departure. The credit card provided as a guarantee will be charged after departure for any quotes or invoices for restoring the property to its original condition.
ARTICLE 6: CHANGES TO PERIOD OF STAY
The period of stay is the period stated in the reservation confirmation or in the accommodation offer. A stay may be extended at the discretion of the Operating Company and subject to availability. The Operating Company will not be obliged to provide the same apartment or offer the same price to the guest. If a stay extension is accepted, any new price to be applied will commence on the first actual day of the extension.
If the guest departs early, the price applicable will be the price for the shortened period and will apply from the date of the guest’s arrival, except in cases where the reservation is subject to a promotional price or is non-refundable. For an initial stay of under 28 nights, the guest is required to give notice of the new departure date to the residence at least 48 hours before the new departure. Failure to give proper notice may lead to a departure charge of two nights. For an initial stay of over 28 nights, the guest is required to give notice of the new departure date to the residence at least 7 days before the new departure. Failure to give proper notice may lead to a departure charge of between 2 and 7 nights.
ARTICLE 7: CANCELLATION/NO-SHOW
The guest is reminded that, in accordance with Article L242-3 of the Consumer Code, they are not entitled to the right of cancellation provided for under Article L221-28 of the same code. Any cancellation must be notified to the Operating Company in writing. The effective date of the cancellation will be the date it is received. In the event of cancellation, compensation must be paid to the Operating Company according to the conditions described below:
- 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: any cancellation received less than 48 hours from the scheduled arrival date will result in a cancellation fee equal to a two-night stay.
- If your stay is 28 nights or more: any cancellation received less than 72 hours from the scheduled arrival date will result in a cancellation fee equal to a four-night stay.
Where a reservation has not been cancelled and the guest does not appear on the arrival date, this will be deemed a “no-show” and compensation will be charged as above.
The VAT rate applied to cancellation compensation may differ from the VAT rate applied to the reservation, depending on the country in which the establishment is located and the applicable legislation.
Certain exceptional or special prices are likely to be non-refundable, regardless of the date of their cancellation. In these cases, the cancellation conditions above do not apply and the entire pre-paid amount will not be refunded irrespective of the reason for the cancellation.
In the same way, special prices, such as “semi-flexible” prices setting out a maximum notice period before the arrival date for cancellations, are deemed non-refundable if the full notice period is not given. The entire pre-paid amount will not be refunded irrespective of the reason for the cancellation.
ARTICLE 8: ARRIVAL AND DEPARTURE
Check-in is from 3 pm on the day of arrival. Check-out is before 12 noon on the day of departure. Our hotels have different working days and schedules. The guest should confirm these hours at the time of reservation and, if necessary, inform the establishment of an arrival or departure outside opening hours. The residence will arrange communication of the necessary access codes and procedure to follow directly with the guest.
ARTICLE 9: OBLIGATIONS OF THE GUEST
The guest will have reasonable use of the rented property and its facilities, which will be provided in a good state of repair in accordance with the purpose of such premises. The guest must respect the maximum occupancy standards per rented accommodation indicated on the price lists for each type of accommodation and residence, and comply with all internal regulations and instructions posted in the establishment.
The Operating Company reserves the right to enter the accommodation unit to check the safety conditions of the property during the stay. An inventory can be found in each apartment. The guest must check the accuracy and conditions of items upon arrival. Any defect, missing or damaged item must be reported to reception within 24 hours of arrival. When the guest departs, the Operating Company will check the inventory and the cleanliness of the apartment. The guest will be billed for any damage or missing item that was not recorded in the inventory. The Operating Company reserves the right to enter the rented unit for the purposes of maintenance or safety.
Residents of non-French nationality are required to present a valid identity document in order to complete the individual police form and to sign the latter in accordance with the regulations in force; failing this, the Operating Company will be entitled to refuse to make the accommodation available and may retain the price of the stay as compensation for immobilisation of the accommodation due to the customer. The resident must ensure that he/she does not cause any disturbance whatsoever, in particular to the smooth running of the establishment, to the clientele or to the work of the staff on site.
ARTICLE 10: LIABILITY
The operating company cannot be held liable, with the exception of damages caused by its employees, in the event of theft or damage to personal belongings in the apartments, including individual safes, common premises, parking lots and any other building adjoining the residence.
This accommodation contract is governed by the status of residences with services or tourist residences, and is therefore subject to the provisions of articles 1242 paragraph 5 of the French Civil Code, with the exception of articles 1952 et seq. of the French Civil Code relating to hoteliers.
ARTICLE 11: AFTER-SALES SERVICE
The on-site teams are available to handle any grievances, resolve any faults and ensure the guest fully enjoys their stay. A complaint may be sent by post to: Groupe RESIDE ETUDES, Service Clients Apparthotels, 96 avenue Charles de Gaulle – 92200 Neuilly sur Seine, FRANCE.
ARTICLE 12: CHANGES TO SERVICES
If circumstances require it, insofar as caused by force majeure outside its control, the Operating Company may be obliged to modify completely or partially its services relating to both the accommodation and its optional services, such as breakfast. The services not provided will not be billed but no damages may be claimed against the Operating Company.
If an exceptional event occurs making it impossible for the guest to occupy the accommodation, the Operating Company may propose that the guest stay at another residence with similar services for all or part of the reserved stay. If this is impossible or the guest does not agree, the Operating Company will refund all monies already paid.
ARTICLE 13: TERMINATION - PENALTY - NON-RENEWAL
This agreement will be immediately terminated, as of right and without formality, in the event of non-performance by the resident of any of his obligations hereunder, inappropriate behaviour towards the staff, the neighbours, likely to disturb the stay in the establishment of the other occupants, or likely to harm public order, the image of the establishment or the Operating Company, without prejudice to the latter's other rights and actions against him. The resident must leave the premises immediately and may be evicted if necessary with the assistance of the police.
ARTICLE 14: MINORS
The apartments of the Operating Companies are not for use by minors who are under 18 and unaccompanied by their legal guardian. Therefore, the Operating Company reserves the right to refuse access to an apartment that was reserved in ignorance of this rule. If the Operating Company discovers that the apartment will be used by an unaccompanied minor, the Operating Company may cancel the reservation or stay.
Considering the administrative constraints involved in receiving groups of children (school tours or other), the Operating Companies may refuse any such reservation.
ARTICLE 15: DATA PROTECTION AND RIGHTS
Any personal data collected at the time of reservation are necessary for processing the reservation and stay. Personal data are processed and stored in accordance with the Personal Data Protection Charter which is available at any time at https://www.groupe-reside-etudes.com/charte/apparthotels/ or available from the residence’s reception on request. This Charter sets out what personal data rights guests have, how to exercise them and for how long their data can be stored for.
Every consumer has the opportunity to register for free with the telephone preference service at www.bloctel.gouv.fr to opt out of telemarketing calls. Businesses may not telephone a consumer registered with this service, except in the case of a contractual relationship.
ARTICLE 16: SETTLEMENT OF CONSUMER DISPUTES
Pursuant to Articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code, any consumer dispute or disagreement, subject to Article L.612-2 of the same code, may be referred to mediation with the CMAP (Centre de Médiation et d’Arbitrage de Paris [Paris Centre for Mediation and Arbitration]) with the aim of an amicable settlement. The mediator cannot consider disputes (i) for which the claim is manifestly unfounded or abusive; (ii) which have been previously reviewed or are in the process of being reviewed by another mediator or court; (iii) if the consumer has submitted his/her request to a mediator more than one year after his/her written complaint to the lessor; (iv) if the dispute is not within the jurisdiction of the mediator; or (v) if the renter cannot prove that he/she has tried, beforehand, to resolve the dispute directly with the lessor according to the following procedure:
- 1st notification of the complaint sent by registered letter with acknowledgement of receipt to the residence (postal address given on the reservation confirmation) or emailed to email@example.com
- 2nd notification of the complaint sent by registered letter with acknowledgement of receipt to Groupe Réside-Etudes - Médiation Client – 96 avenue Charles de Gaulle -92200 Neuilly sur Seine, where the dispute has not been resolved within 2 weeks of the receipt of the 1st notification.
In the absence of a response or in the case of an unsatisfactory response within one month of the second notification, the guest may submit the dispute to the mediator by a method of their choosing:
- Complete the form on the CMAP website at www.cmap.fr via the “you are a consumer” tab.
- Send the complaint by standard or registered post to CMAP Médiation Consommation, 39 Avenue Franklin D. Roosevelt, 75008 Paris, FRANCE.
- Send an email to firstname.lastname@example.org.
Regardless of the method used to contact the CMAP, the request must contain the following information to enable it to be processed quickly: postal address, email address and telephone numbers as well as the names and addresses of the disputing parties; a succinct statement of the facts; and copies of the 2 written complaints sent prior to referral to the CMAP.