These terms and conditions are agreed, between Homerez SAS, with a capital of 60,814 euros and whose registered office is located 3 Rue de Gramont, 75002 Paris, registered with RCS de Paris under number 800 197 808 and represented by Mr. Loic Dupont as its CEO and b) by any person or entity wishing to enter into a seasonal rental contract via the "Homerez" website, by phone or writing, hereinafter referred to as "the Traveller".
These terms and conditions define both the contractual relationship between Homerez and the Traveller, and the conditions applicable to all seasonal rental contracts made via the Homerez commercial website, whether the Traveller be a professional or a private individual.
II.- Property features
The properties being offered are those published on the Homerez website.
Each property has a description and photographs provided by the owner.
In regards to properties being offered for rent, all information concerning prices, dates, location and features will be found on the website.
Descriptions of flats and houses on offer are established many months in advance, so changes may occur before your reservation, and updates are regularly posted on the Homerez website.
The description of the property and the invoice confirming your reservation constitute the only agreed contract for your reservation.
The information found online is valid at the time the contract is agreed and replaces any prior information.
Photos are as accurate as possible but do not pretend to be a perfect reproduction of the property.
The description of the surroundings mentioned on our website is provided by third parties (shops, transport, restaurants, visits ...). This information may change without us being informed, in which case, Homerez cannot be held responsible.
The prices published on the website are in euros and inclusive of all taxes.
Homerez reserves the right to change its prices at any time. The price which will be applied to the Traveller's booking will always be the one published on the site on the day of booking.
The property rental prices are on a nightly, weekly or monthly basis.
There may also be an additional mandatory fee, charged to the Traveller at the time of booking. Details of these fees can be found on the webpage of the rental property.
Optional fees may also be listed on the webpage of the rental property. If the Traveller chooses any optional fees, they will be paid directly to the owner on arrival.
IV.- Booking and Cancellation
Reservations can be made with us in writing, by phone or directly via the website.
You will receive a booking confirmation email detailing your booking.
If the booking request is made more than 30 days before the chosen arrival date, in order to make the booking, the Traveller must pay Homerez a deposit equivalent to 25% of the total rental price.
This deposit must be made at the time of booking via the online payment system, Paybox.
Failing a deposit being made, Homerez is free to accept a booking for the said property from another Traveller, and this without having to pay any form of compensation to the original Traveller.
The balance must be paid no later than 30 days prior to arrival at the property.
This contract shall be considered binding when the aforementioned advance has been paid to the lessor.
If the Traveller later decides not to make use of the rental, the Traveller remains liable for the full rent minus the deposit paid.
If the booking request is made less than 30 days before the chosen arrival date, in order to make the booking, the Traveller must pay the rental price in full.
This payment must be made at the time of booking via the online payment system, Paybox.
Failing a payment being made, Homerez is free to accept a booking for the said property from another Traveller, and this without having to pay any form of compensation to the original Traveller.
This contract shall be considered binding when the full rental price has been paid to Homerez.
If the Traveller later decides not to make use of the rental, the Traveller remains liable for the full rent.
Upon receipt of full payment and before the start of your stay, a binding booking confirmation will be sent containing all relevant information, including contact details for the property's owner.
The 7-day cooling-off period on the selling of products and services provided for in Article L121-20 of the Consumer Code does not apply to the provision of a hosting service, and therefore does not apply to the present contract.
On the day of entry into the premises, the Traveller will pay a security deposit.
The amount to be paid can be found on the web page of the rental property.
The security deposit aims to cover the cost pertaining to any damage caused by the Traveller to the property and its contents, and the cost of replacing any lost keys or objects.
The security deposit will be settled by check made out to the owner. The owner will return the check to the Traveller subject to a satisfactory departure inventory when handing back the keys.
In any event, the deposit, minus any deductions which may have to be made to cover damage and losses caused by the Traveller, will be returned to the Traveller within a maximum period of 5 days after the Traveller's departure.
VI:- Entry and departure: Inventory of property and contents
Access to the property by the Traveller will be according to the schedule set by the owner or the owner's representative and guests must depart before 10am on the date indicated on the booking confirmation.
You must therefore contact the owner to arrange access to the property.
If you are not available to access the property on the dates and at the times indicated because of problems with transport, strikes or for personal reasons, the full price of the rental still applies. It also remains due in full for any stay that you may have to cut short.
In the above circumstances, the Traveller must contact the owner to arrange an alternative date and/or time to access to the property.
Both on entry to, and departure from, the property, the Traveller and property owner, or the owner's representative, will jointly draw up an inventory of the property and its contents, and that of any outbuildings.
VII.- Traveller's Obligations
This contract is subject to the conditions set forth herein, which the Traveller will perform and achieve, under penalty of contract termination, without prejudice to any future claim for damages by Homerez.
Thus, the Traveller agrees to:
• Occupy the leased premises, its facilities and the furniture provided in a peaceful manner, in accordance with the purpose of premises as a residence. As such, the Traveller agrees not to modify the premises or its contents covered by this contract.
• Maintain the leased premises in good condition and take responsibility for minor repairs as defined by decree 87-712 of August 26th, 1987, to which both parties will refer if need be. The Traveller also pledges to respect all local, highway, and police rules, in particular concerning hygiene.
• Unless cleaning is included in the mandatory fees, the Traveller must leave the premises in a perfect state of cleanliness, failing which, he promises to pay for any cleaning required at the end of the lease.
If cleaning costs are included, the Traveller must leave the leased premises tidy, remove rubbish, and clean the kitchen and kitchen utensils.
• The Traveller will be legally responsible for any damage or loss which occurs during the lease period to the property and contents provided for the Traveller's exclusive use, unless the Traveller can prove that they are the result of a case of force majeure.
• Ensure against risks which are, in law and the present contract, the responsibility of the Traveller, as tenant of the leased property and contents. The Traveller must be sufficiently insured, in particular for explosions, fire, water damage, rental risks and damage caused by the Traveller's pets, as well as for claims by neighbours, with a solvent company. Said insurance policy must indicate the priority of the lessor on the insurance amount.
• Not leave prematurely without having previously informed the owner, so that a departure inventory can be made and the keys returned on departure.
• Observe any special requirements the owner may have, listed on the webpage of the leased property with regard to the use of the property, for example, the fact that smoking may be prohibited, a maximum number of people allowed in the property, etc. Please note that the number of people authorized per unit is defined as its maximum capacity and comprises both adults and children.
• For properties with swimming pools (either private or shared), access to the pool is strictly forbidden to minors unless accompanied by an adult.
VIII.- Liability of Homerez
Homerez is not responsible for the compliance of the property with regulations. This responsibility falls on its owner, who must ensure compliance with current housing regulations.
If, on arrival, the Traveller finds that the leased property is not compliant with what was provided in the booking confirmation, or if he finds any defects, he must immediately notify the owner or the owner's representative.
All claims must be made directly to the owner.
If the property is deemed not to conform to the contract to such an extent that it makes the stay impossible, Homerez will endeavor to provide the Traveller with an equivalent alternative.
Homerez will not be liable for any damage, loss, delay or problem in the event of circumstances beyond its control, particularly in the event of war, threat of war, riots, terrorist activity, natural or nuclear disasters, fire, airport closures, adverse weather conditions, failure to supply a network, action taken by the authorities, or any other force majeure as defined by law.
Homerez reserves the right to cancel any reservation affected by the aforementioned circumstances.
Homerez will not be liable in case of theft, burglary, or criminal or unlawful act committed in the leased premises.
IX.- Transfer and Subletting
This holiday rental represents a contract on an intuitu personae basis, exclusively with the Traveller. Consequently, it is strictly prohibited to transfer or sublet any part of, or the totality of, the lease, or to make any part of the property and its outbuildings available to third parties.
X.- Termination clause
If the Traveller breaches any one of the clauses above, this lease will be terminated after a period of 24 hours following an unanswered summons by registered letter or letter delivered by hand. Termination will take immediate effect and be automatic, with no requirement for legal formality, notwithstanding all consignments or real offers after the above deadline.
XI.- Penal clauses
In order to guarantee the owner the effective and immediate recovery of the leased premises, if the Traveller remains unduly in the property on termination of the lease, the Traveller must, based on a penalty clause, make a calculated occupancy allowance to the lessor, day by day, corresponding to 150% of the rental amount.
If any provision of this Contract were to be declared invalid, either in whole or in part, by final court decision and not subject to appeal, the validity of the remaining provisions will be unaffected.
XII.- Governing Law - attribution of jurisdiction
These general terms and conditions of sale are governed by French law.
Any dispute which may arise between the parties as to the validity, interpretation and/or execution of this Contract shall be dealt with at the sole discretion of the Paris Courts.