TERMS AND CONDITIONS

The purpose of these rental terms and conditions of the Homerez company, SAS with a capital of euros 148 107, whose head office is located at 46 rue Notre Dame des Victoires 75002 Paris, registered with the Trade and Companies Register of Paris under the number B 800 197 808, is to define the terms and conditions under which any person can rent an Accommodation offered for seasonal rent by Homerez on the Web Site or on Third Party Rental Platforms.

The Homerez company has a professional card of Estate Agent delivered by the Paris prefecture under the number G6341.
Financial guarantee: delivered by GALIAN, 89 rue de la Boétie 75008 Paris
Intracommunity VAT: number FR 91 800 197 808

1. Definitions

The following words and phrases in the singular or plural have the meanings assigned to them below:

Accommodation: the place(s) offered for seasonal rental by Homerez.
Principal: refers to the owner and/or beneficial owner of the Accommodation who has mandated Homerez to offer the Accommodation for rent in his name and for his account under the conditions set forth herein and to collect the rental price.
Third Party Rental Platform(s): any Third Party Rental Platform offering accommodations for rent and in particular Homeaway, Homelidays, Abritel, VRBO….
Booking: refers to the booking by a Traveller of an Accommodation directly with Homerez or via a Third Party Rental Platform;
Web Site: refers to the site www.homerez.com.
Main Traveller: refers to the person (natural or legal) who has made a booking of an Accommodation offered by Homerez via the Web Site or a Third Party Rental Platform.
Traveller(s): refers to the person(s) who will occupy the Accommodation during the rental period.

2. Prior statements of the Traveller

The Main Traveller declares:

• Being registered on the Web Site or on the Third Party Rental Platform under his true identity and providing his true home address.
• Having provided a telephone number at which he can be reached.
• Being over 18 years old.
• Having expressly accepted these rental Terms and Conditions.
• Being informed that he does not benefit from the right of withdrawal in application of Article L121-21-8 of the French Consumer Code.
• Giving the guarantee that the Travellers will comply with these rental Terms and Conditions.

3. Description and features of the Accommodation

The Accommodations offered for seasonal rental are described in an advertisement published on the Web Site or on the Third Party Rental Platforms.
Each advertisement contains a description and photos of the Accommodation as well as the main features of the Accommodation (location, maximum capacity, special requirements, etc.). The advertisement is written using the information provided by the Principal who is solely responsible for the information contained therein. Homerez cannot be held responsible for any defects, faults or, more generally, for any non-compliance of the Accommodation with the information provided in the advertisement.
The Traveller is informed that the photos are as accurate as possible but cannot ensure a perfect similarity with the Accommodation offered.
The information mentioned about the activities available in the area is provided by third parties for information purposes only (shops, transport, restaurants, visits, etc.) and Homerez cannot be held liable in this respect

4. Price

The prices for the rental of the Accommodation are published on the Web Site or on Third Party Rental Platforms. They may be set per night, per week or per month and may vary depending on the number of Travellers and the rental period. They are expressed in Euros and include all taxes.
Homerez reserves the right to modify these prices at any time, it being specified that the price applicable to the rental is the one indicated on the Web Site or the Third Party Rental Platform at the moment of the booking of the Accommodation for the rental period indicated by the Main Traveller.
Some Accommodations can only be rented for a minimum period of time.
Additional and/or optional charges may be invoiced in addition to the rental price. The details of these fees and the terms of payment are set out in the advertisement. By booking the Accommodation, the Main Traveller expressly agrees to pay these fees in accordance with the conditions set out in the advertisement.
The Traveller is informed that the rental price and any additional fees may be increased if the number of Travellers occupying the Accommodation exceeds the number of Travellers indicated by the Main Traveller at the moment of the booking.
In any event, the Main Traveller may be held liable if the number of Travellers occupying the Accommodation exceeds (i) the number of Travellers indicated at the moment of the booking and/or (ii) the capacity of the Accommodation.

5. Booking

Booking can be made in writing, by telephone, directly on the Homerez Web Site or on the Third Party Rental Platform. The Main Traveller is informed that Homerez is mandated to collect the total amount of the rental in the name and on behalf of the Principal.
When booking the Accommodation, the Main Traveller must indicate the exact number of Travellers (adults, children, babies) who will occupy the Accommodation. If this number should increase, he must immediately inform Homerez and the Principal, it being specified that this change may be refused or accepted in exchange for the payment of additional fees by the Principal. The Main Traveller is informed that in the event that the number of Travellers occupying the Accommodation exceeds the number indicated at the moment of the booking, the Principal may restrict entry to the premises to the indicated number of Travellers and refuse entry to the others.

Option 1/ Booking less than 60 days before the arrival date.
The Main Traveller will pay to Homerez the total amount for the rental. This payment must be made immediately via one of the various payment methods offered to the Main Traveller (Paybox, debit, transfer, sofort). Failing that, the Accommodation will not be booked.
In any event, the rental of the Accommodation becomes definitive when the full payment of the rental amount has been made and the Main Traveller has received confirmation of this by e-mail to the provided e-mail address.
The Main Traveller will receive by e-mail, at least two weeks before the rental date, all the relevant information and in particular the contact details of the person appointed by the Principal to welcome him and to fill in the inventory of fixture of the Accommodation.

Option 2/ Booking more than 60 days before the arrival date and for a total amount of more than €1000
If the booking request is made more than 60 days before the start date of the rental period and the total amount of the rental period exceeds €1000 (one thousand euros), the Main Traveller must pay a deposit of 30% of the total amount (rental price and any additional fees). This payment must be made immediately via one of the various payment methods offered to the Main Traveller (credit card, bank transfer, sofort, credit card direct debit). In the absence of payment of the full deposit, the booking of the Accommodation will not be made and Homerez will be free to offer and book the Accommodation to another traveller.
The payment of the deposit implies a firm booking of the Accommodation under the terms and conditions set out in these terms and conditions. The balance of the total amount of the rented Accommodation must be paid at the latest 60 days before the date of arrival, of the beginning of the rental period.
If the Main Traveller fails to pay the balance within the aforementioned period, Homerez will be entitled to immediately terminate the rental agreement to the exclusive detriment of the Main Traveller. The Main Traveller will then be charged a cancellation fee corresponding to the balance of the rental amount.
If the Main Traveller subsequently renounces the rented Accommodation or does not show up at the Accommodation, he will remain liable for the full amount of the rental minus the said deposit.

Option 3/ Booking more than 60 days before the arrival date and for a total amount of less than €1000
If the booking request is made more than 60 days before the start date of the rental period and the total amount of the rental is less than €1000 (one thousand euros), the Main Traveller will pay the total amount of the rented Accommodation to Homerez. This payment must be made immediately via one of the various payment methods offered to the Main Traveller (Paybox, debit, bank transfer, sofort). Failing that, the Accommodation will not be booked.
In any event, the rental of the Accommodation becomes definitive when the full payment of the rental amount has been made and the Main Traveller has received confirmation of this by e-mail to the provided e-mail address.
The Main Traveller will receive by e-mail, at least two weeks before the rental date, all the relevant information and in particular the contact details of the person appointed by the Principal to welcome him and to fill in the inventory of fixture of the Accommodation.

6. Cancellation policy

The booking can be cancelled by the Main Traveller free of charge up to 60 days before the start of the rental period. The amount already paid for the booking will be refunded to the Main Traveller within 72 hours following the cancellation.
Cancellations made less than 60 days prior to the start of the rental period will result in the Main Traveller paying a cancellation fee of 100% of the total rental amount. The deposit paid by the Main Traveller is retained by Homerez, and the Main Traveller must therefore pay the balance of the rental within 72 hours following the cancellation.
The Main Traveller is hereby informed that no compensation can be paid to him and that no price reduction can be applied in case of early departure from the Accommodation.
The booking can be cancelled by the Principal without charge up to 24 hours before the start date of the rental period. For any cancellation resulting from the Principal, the Main Traveller will be refunded of the amounts he paid to Homerez for the rental of the Accommodation.

7. Security Deposit

The security deposit must be paid to the Principal by the Main Traveller in accordance with the terms set out in the advertisement by the Principal. If the security deposit is not paid in accordance with the terms of the advertisement, the Principal may refuse the entry of the Traveller(s) into the Accommodation. In this case, this refusal will not give rise to any claim whatsoever on the part of the Main Traveller or the Travellers since this failure on the part of the Main Traveller is being deemed to be an early termination of the rental agreement to his exclusive detriment.
This security deposit is intended to cover any possible damage caused by the Traveller(s) to the accommodation and its furnishing, as well as the loss of keys or objects. The security deposit will be returned to the Main Traveller in full or in part within a maximum of 30 days after the end of the rental period.
The amount of the security deposit returned to the Main Traveller will be reduced by the sums necessary to cover damage and/or deterioration of the Accommodation and the furniture and objects found in the Accommodation caused by the Traveller(s), as well as the loss of keys or objects.

In any event, the Principal may retain the entire security deposit and, if applicable, request the payment of damages by the Main Traveller in the following cases:

• Serious failure of the Traveller(s) to comply with the rules of hygiene
• Deterioration resulting in repair (or replacement) costs exceeding the amount of the security deposit, subject to the proof being provided by the Principal

The Main Traveller is fully aware that Homerez cannot be held responsible for the Principal's refusal to refund the sums paid for the security deposit.

8. Inventory of fixture

The arrival and departure of the Main Traveller and the Travellers must take place during the time slots set by the Principal and specified in the advertisement.
The Main Traveller undertakes to contact the Principal or the person authorised to represent him in the days before his arrival and departure from the Accommodation in order to set a precise schedule.
If the Main Traveller is prevented from arriving or is late for any reason whatsoever, he must immediately inform the Principal in order to agree on a new schedule. An inventory of fixture and an inventory of the furniture made available to the Traveller(s) will be given to the Main Traveller or to the Traveller(s) upon entry into the Accommodation. The handing over of the inventory of fixture to a Traveller will be considered as handing over to the Main Traveller. If the inventory of fixture and inventory of the furniture are not drawn up and signed by the Principal, or by the person authorised to represent him, and the Main Traveller at the same time (contradictory inventory of fixtures and inventories), the inventory of fixture and inventory of furniture drawn up by the Principal alone and handed over to the Main Traveller when he enters the Accommodation may be contested by the Main Traveller within 48 hours following the beginning of the rental period. If the Main Traveller does not contest the inventory of fixture and the inventory of furniture carried out by the Principal and communicated to the Main Traveller upon his entry into the accommodation within this 48-hour period, the inventory of fixture and the inventory of furniture will be deemed to have been accepted without reservation by the Main Traveller.
An inventory of fixture and an inventory will be drawn up at the end of the rental period, each party keeping a signed copy.
In the absence of an inventory of fixture and/or an inventory at the end of the rental period or if the Main Traveller draws up the inventory of fixture and/or the inventory at the end of the rental period on his own, the absence of any contestation by the Principal or the person authorised to represent him within 48 hours of the end of the rental period shall be deemed to constitute the return of the premises in good condition and/or with a complete inventory
The Main Traveller accepts and acknowledges that Homerez cannot be held responsible for the condition of the Accommodation and/or its non-compliance with the description in the advertisement. Furthermore, Homerez only has to make its best efforts to facilitate the exchanges between the Principal and the Main Traveller that may arise in the event of disputes or litigation.

9. Obligations of the Main Traveller

The Main Traveller undertakes personally and on behalf of the Travellers to:

• use the rented Accommodation, furniture and equipment in a peaceful manner in accordance with the purpose for which they were intended and to be liable for any damage or loss that may occur during the period of occupancy of the Accommodation which he has exclusive use of;
• respect the maximum number of persons that can enter the premises in accordance with the description that has been given to him;
• maintain the rented Accommodation and return it in a good state of repair at the end of the rental period. If objects appearing in the inventory are broken or damaged, the Principal may claim their replacement value;
• inform the Principal or the person entitled to represent him of any damage and of the deterioration to the Accommodation, even if there is no apparent damage;
• return the Accommodation in a perfectly clean state. Failing this, he undertakes to pay for the cleaning that the Principal will be obliged to carry out. If the Main Traveller has been charged additional cleaning costs at the time of the booking, he must return the Accommodation in a good state of general cleanliness, including the removal of household waste, the cleaning of the kitchen and household utensils;
• Take out a comprehensive insurance policy to be protected against rental risks (water damage, fire, recourse from neighbours...) and to justify this at the first request of the Principal;
• Not to leave the premises prematurely without having previously informed the owner and Homerez, so that he can proceed with the inventory of fixture and the return of the keys at the moment of his departure;
• Respect the instructions specified by the Principal indicated in the advertisement concerning the use of the Accommodation and the rented premises, namely: no smoking, no pets allowed, maximum number of Travellers... in this respect, it is specified that the number of Travellers authorised per accommodation is understood as the maximum capacity: adults and children included;
• Prohibit access to the swimming pool (private or collective) for minors not accompanied by an adult;
• not to make any changes to the furniture or the layout of the accommodation;
• not to oppose the visit of the Accommodation if the Principal so requests;
• allow work to be carried out in the Accommodation during the rental period, where the obvious urgency does not allow them to be postponed;
• avoid any noise likely to disturb the neighbours, in particular those emitted by radio equipment;
• waive any recourse against the Principal or Homerez in the event of theft and damage happening within the rented premises.

10. Responsibility of Homerez

Homerez shall not be held responsible in case of:

• failure of the Accommodation to comply with the information provided in the advertisement;
• failure of the Accommodation to comply with the regulations relating to decent accommodations;
• cancellation of the booking by the Principal;
• cancellation attributable to the unforeseeable fact or to a case of force majeure;
• theft, burglary, assault and more generally any wrongful or criminal act committed in the accommodation;
• unjustified refusal by the Principal to return the security deposit;
• damage, loss resulting from war, threat of war, riots, terrorist activity, natural or nuclear disasters, fires, pandemics, administrative closures, travel bans, airport closures, adverse weather conditions, lack of supply of a network, action by the authorities, or any other case of force majeure as defined by law.

11. Assignment and sublease

The seasonal rental of the Accommodation is concluded intuitu personae for the sole benefit of the Main Traveller. Consequently, any sublease, whether total or partial, or any free provision of the Accommodation and/or its outbuildings, is strictly forbidden.

12. Termination Clause

If the Main Traveller fails to comply with any of the conditions stated above, this rental will be terminated at the end of a period of 24 hours following a simple summons by registered letter or letter delivered by hand that has remained unfruitful. The termination shall be effected by operation of law without the need for any legal formality, notwithstanding any deposits or real offers subsequent to the period set out above.

13. Penalty Clause

It is also stated as a penalty clause, in order to guarantee the owner the effective and immediate recovery of the rented premises, that the Traveller, in the event that he remains unduly in the premises at the end of the rental period, shall pay the owner an occupation indemnity calculated, day by day, according to the rental price plus 50%.

14. Invalidity

If any provision of these rental terms and conditions is found to be invalid or abusive, all other provisions of the agreement, other than those found to be invalid or abusive, shall remain in force if the agreement can survive without these provisions

15. Protection of personal data

These terms and conditions are subject to the provisions of the European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as to those of Law No. 78-17 of 6 January 1978 on information technology, data files and civil liberties and to any other applicable regulations in this area that may be added to or replaced at a later date.
Homerez needs to use the data of the Main Traveller for the management of his booking and the establishment of a relationship with the Principal. It may also use them to send the Main Traveller its best promotional offers, for statistical purposes and to fight against fraud, for its legitimate business development interests
The data of the Main Traveller is kept for the duration of the commercial relationship between him and Homerez and, beyond that, for a period of 3 years for commercial purposes, as well as for purposes of proof and accounting obligations, for a period not exceeding the applicable legal prescription periods.
For the processing carried out by and/or on behalf of Homerez, the Main Traveller has, if necessary after providing a valid identification, the right to access, to modify, to limit and to delete data concerning him, as well as the right to object to the processing of this data, subject to legitimate and compelling reasons. He can also define instructions relating to the fate of his personal data in case of death. These rights may be exercised directly with Homerez by e-mail to the address: privacy@homerez.com or by post to the following address: 46 rue Notre Dame des Victoires 75002 Paris.
Finally, the Main Traveller has the right to lodge a complaint with a supervisory authority

16. Mediation - Applicable law - Jurisdiction

In accordance with Order No. 2015-1033 of 20 August 2015 and implementing decree No. 2015- 1382 of 30 October 2015, any so-called consumer dispute or litigation, subject to Article L. 612-2 of the French Consumer Code, may be the subject of an amicable settlement through mediation with the online dispute resolution platform.
To submit a dispute to the consumer ombudsman, the Consumer may fill in the online dispute resolution platform form available at this address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN.
Whatever the means used to refer the dispute to the mediator, the request must contain the following elements in order to be processed quickly: postal, electronic and telephone contact details as well as the name and address of Homerez, a brief statement of the facts and proof of the prior steps you have taken with Homerez.

These Terms and Conditions are governed, interpreted and applied in accordance with French law.

In the absence of an amicable settlement, any dispute arising from their interpretation, modification or enforcement will be subject to the exclusive jurisdiction of the French courts.