GENERAL CONDITIONS OF SALE AND USE
ARTICLE 1. DEFINITIONS
The terms used, in the singular or plural, in the body of these Terms and Conditions of Sale and Use beginning with a capital letter, have the meaning given to them below:
GTCU: means the present General Terms and Conditions of Sale and Use concluded between the Customer and PIED-À-TERRE ;
Client: refers to the natural or legal person subscribing to PIED-À-TERRE's services;
Concierge: means the natural person identified as the Traveler's privileged contact during the Stay;
Parties: means PIED-À-TERRE and the Client who signs the present GCU;
PIED-À-TERRE: refers to the company MABNG Immobilier, a simplified joint stock company with a capital of 1,000 euros, registered under number 838 504 900 at the R.C.S. of Paris, whose head office is located at 36, rue Etienne Marcel, 75002 Paris ;
Residence: refers to the accommodation reserved by the Client for the duration of the Stay, in accordance with these GCU;
Stay: means the period of the reservation of the Residence, during which the Traveler has access to the Residence;
Site : refers to PIED A Terre's Internet site accessible at the following address: https://www.piedaterre.fr/.
User: means the natural person, including the Customer, visiting theSite;
Traveler: refers to the natural person, including the Client if applicable, residing in the Residence during the Stay.
ARTICLE 2. PURPOSE
PIED-À-TERRE offers temporary accommodations for rent, available for reservation via its Website.
Access to and use of the Site are subject to compliance with these GTCU. Consequently, any access and/or use of the Site, imply the respect of all the terms of the present and their full and complete acceptance by the User.
The GTCU are accessible and printable at any time, by means of a link located on the Site, allowing them to be displayed on a stand-alone web page.
The acceptance of the present GTCU by the Customer is materialized by a checkbox named "By checking this box, I accept the General Terms and Conditions of Sale and Use of PIED-À-TERRE" available at the time of booking.
The GTCU are also communicated to the Customer by email, when the reservation is confirmed.
The aforementioned GCU apply to the Customer as from their validation and until the return of the deposit and in a general way, to the User for the duration of his visit of the Site.
These GCU may be subject to subsequent modifications. The version applicable to the Client is the one in force on the Site at the date of the reservation of the Stay. The version applicable to the User is the one in force on the Site at the date of the visit to the Site.
The Client guarantees that the Travellers present in the Residence during the Stay comply with these GTCU.
ARTICLE 3. RESERVATION
3.1 Reservation terms and conditions
Reservations for a Stay are made on the Website, using the form available for this purpose. The person wishing to book a Trip must enter the desired dates and the number of Traveler(s).
A Stay must correspond to a minimum number of nights indicated on the Site, and a maximum of thirty (30) nights.
PIED-À-TERRE reserves the right to refuse and/or cancel Stays that do not meet the required number of nights, especially in the case of consecutive reservations that exceed the maximum number of nights.
As the price may vary according to the number of Traveller(s), the Client undertakes to provide information on all the Traveller(s) scheduled for the Holiday, even if one of the Traveller(s) is only present for part of the Holiday. PIED-À-TERRE reserves the right to check compliance with this provision, in particular by carrying out on-site checks, either directly or through the Concierge. Any false declaration in this respect will lead, at PIED-À-TERRE's discretion, to one or other of the consequences set out in article 6.2 below.
A child is considered to be a Traveller within the meaning of these GCU from the age of two (2) years.
The Client chooses one of the Residences available during the dates indicated.
The Residence page contains all the information about the Residence and the Stay, the total price of the Stay, and an estimate of the price per night.
To validate his reservation, the Customer must fill in the form that appears on the Site, giving his name, first name, email address, bank details if he wishes to pay by credit card, and his billing address.
The Customer wishing to use another method of payment than credit card must finalize his reservation by contacting PIED-À-TERRE via the contact form on the Site or by email at email@example.com. [AAEH1] [AB2]
By validating his/her reservation request, the Client acknowledges having read all the information about the Residence and the Stay.
3.4. Security deposit
At the time of reservation, a pre-authorization for direct debit of an amount indicated on the Site at the time of reservation, and depending on the capacity of the Residence, will be made on the bank card used for payment. The amount is blocked and not debited.
The amount is released no later than 30 days after the end of the Stay, after inventory and inventory of fixtures, less any costs of repair in case of damage or missing objects.
In the event of a defect, unavailability or non-conformity of the Residence or its equipment, the Client must notify the Concierge within [...] after arrival at the Residence, in accordance with the conditions set out in Article 7 of these GCU.After this period, the Residence and its equipment will be deemed available and in good condition.
In the event that the deposit cannot be paid by credit card, a Stripe link will be sent by PIED-A-TERRE to the Client for payment. The deposit will be returned to the Client within 7 days from the end of the stay, subject to possible repair costs in case of damage or missing objects.
ARTICLE 4. FINANCIAL CONDITIONS
The total price of the stay is displayed in euros on the Residence page, before the validation of the reservation. The prices are indicated all taxes included, and include the tourist tax.
pied a terre reserves the right to modify its prices at any time. The prices applicable to the Stay are those indicated at the time of the reservation of the Stay.
4.2 Terms of payment
If the Customer makes the reservation within fourteen (14) days before the beginning of the Stay, he/she pays the full price of the Stay at the time of the reservation.
The reservation is confirmed by email upon receipt of full payment.
If the Customer makes the reservation more than fourteen (14) days before the beginning of the Stay, he/she pays twenty (20) % of the amount of the price of the Stay at the time of the reservation, and the balance is automatically debited from the credit card provided at the time of the reservation, fourteen (14) days before the beginning of the Stay.
The reservation is confirmed by email upon receipt of the first payment. If the second instalment is not paid within the given time limit, PIED-À-TERRE reserves the right to cancel the reservation of the Stay, without the Client being able to claim a refund of the first instalment.
The payment can be made, at the choice of the Customer, by the following means of payment:
- Credit card (VISA, VISA Debit, MasterCard, Discover, JCB, American Express),
The Customer wishing to pay by Paypal or bank transfer must contact PIED a TERRE to finalize the reservation, via the contact form on theSite or by email at firstname.lastname@example.org.
In case of payment by bank transfer, the Client will send his proof of transfer to PIED A TERRE, who will confirm the reservation upon receipt of the funds.
ARTICLE 5. CANCELLATION - MODIFICATION
5.1. Modalities of cancellation of the reservation
The reservation of the Stay is cancelable and refundable, until fourteen (14) days before the beginning of the Stay.
Any cancellation after this period will not be reimbursed, with the exception of the cleaning fee indicated at the time of reservation.
PIED-À-TERRE will reimburse the Customer using the same payment method used for the reservation.
PIED a TERRE reserves the right to cancel or modify the Stay, especially in case of unforeseen unavailability of the Residence.
In this case, PIED-À-TERRE undertakes to make its best efforts to propose an alternative solution to the Customer. Subject to the availability of Residences, PIED-À-TERRE will propose to the Customer to replace the reserved Residence with an equivalent Residence. In case of replacement by a Residence that is less expensive than the reserved Residence, PIED-À-TERRE will reimburse the difference in price to the Client.
If the Customer refuses this replacement, he/she may cancel the reservation and obtain a full refund of the price paid, even if this cancellation occurs within fourteen (14) days before the beginning of the Stay.
Should PIED a TERRE fail to offer a replacement Residence, it will cancel the Stay and refund the Client in full, without the Client being able to claim compensation for this.
5.2. Modalities of modification of the reservation
The Customer may request, up to fourteen (14) days before the beginning of the Stay, to modify his reservation by contacting PIED-À-TERRE via the contact form on the Site or by email at email@example.com.
PIED-À-TERRE will do its best to accommodate any request for a change of dates from the Customer.
5.3. No right of withdrawal
The Customer does not have the right of withdrawal, in accordance with Article L.221-28 of the Consumer Code: " The right of withdrawal may not be exercised for contracts: (...) 12° For the provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities that must be provided on a specific date or at a specific time;"
ARTICLE 6. RULES OF PROCEDURE
By reserving a stay, the Client agrees to respect the present Internal Regulations of the PIED-À-TERRE Residences.
The Customer is responsible for the compliance of all Travellers with these regulations.
In the event that the Traveller fails to comply with the provisions of this article, PIED-À-TERRE reserves the right to terminate the Stay, without the Traveller or the Client being able to claim compensation or reimbursement for this.
pied a terre cannot welcome minors under the age of 18 who are not accompanied by their legal representatives. Consequently, pied a terre reserves the right to request proof of identity in order to verify compliance with this provision. In case of violation of this provision, PIED-À-TERRE will proceed to the cancellation of the reservation, without refund, or will immediately terminate the stay.
Minors under 18 years of age are the sole responsibility of their legal representative for the duration of the Stay.
6.2. Number of travelers
The number of Travellers may not exceed the number indicated at the time of reservation and may not exceed the maximum capacity of the Residence. PIED-À-TERRE reserves the right to check compliance with this provision, in particular by carrying out on-site checks. Any false declaration in this respect will result, at PIED-À-TERRE's discretion, in the application of a penalty equivalent to double the fare per undeclared Traveler, for the entire duration of the Stay or the cancellation of the Stay without prior notice.
If the Client wishes to add a Traveller, within the maximum capacity of the Residence, he/she must obtain prior authorization from PIED-À-TERRE, which reserves the right to charge an additional fee.
Smoking is strictly forbidden in the Residences, including in the common areas. PIED-À-TERRE reserves the right to deduct three hundred (300) euros from the Client's deposit in the event of damage or odors caused by smoking.
It is strictly forbidden to bring animals into the Residences.
6.5. Destination and degradation of the Residence
The Traveler undertakes to respect the premises and to make reasonable and proper use of the Residence and the facilities provided during the Stay.
Any missing object or damage to movable or immovable property will be subject to a deduction from the deposit and, if necessary, to a request for compensation for the entire damage suffered by PIED-À-TERRE.
The Traveler agrees not to engage in any commercial activity in the Residence.
The Traveller undertakes not to take up residence at the address of the Residence, neither for tax purposes, nor for professional purposes, nor to lend or sublet the Residence to a third party in any way.
6.6. Internet access
The Residences have an internet access accessible via Wifi.
Internet access is reserved for personal, non-commercial and reasonable use, in compliance with the legislation in force and with intellectual and artistic property.
The proposed Internet access must not be used in any way for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in books I and II of the code of literary, artistic and industrial property.
The Traveler is responsible for the proper use of the internet access and guarantees pied a terre against any action or recourse brought by a third party due to his/her actions, especially on the internet.
pied a terre declines all responsibility in case of non-working of the Traveler's equipment or its incompatibility with the internet access service available in the Residence.
6.7. Arrival and departure procedure
Arrival in the Residence is from fifteen (15) hours on the first day of the Stay. Arrival and key collection procedures are sent by email to the Client, at the address indicated at the time of reservation, the day before the beginning of the Stay.
If no Traveler shows up before midnight of the first day of the Stay without having informed PIED-À-TERRE, PIED-À-TERRE reserves the right to cancel the reservation of the Stay, without refund, except for the cleaning costs.
At the end of the Stay, the Traveler must leave the Residence by eleven (11) o'clock at the latest.
The Traveler must return the Residence free of damage and in an orderly fashion.
Upon departure, the Traveler shall return the keys to the Residence in the designated box. PIED-À-TERRE reserves the right to deduct one hundred and fifty (150) euros from the Client's deposit if the keys have not been returned to the key box before 12:30 p.m. on the day of departure, unless PIED-À-TERRE has previously agreed to a delayed departure.
In any case, if the Traveler has not returned the keys before 2.30 p.m. on the day of departure, PIED-À-TERRE will charge him/her an additional night at the average price of the total nights of the Stay.
The Traveler agrees not to stay in the Residence at the end of the Stay.
ARTICLE 7. COMPLAINTS AND QUESTIONS
A Concierge is assigned to each Residence, and is available to assist the Traveler during the entire Stay and answer any questions.
The Concierge's contact information is sent by email to the Client, at the address indicated at the time of the reservation, the day before the beginning of the Stay.
The Concierge is available from [...] hours to [...] hours, every day of the Stay.
In the event of any defect or non-conformity of the Residence or its equipment, the Client must notify the Concierge within [...] after arrival at the Residence. After this period, the Residence and its equipment will be deemed to be in good condition and in conformity with the reservation.
ARTICLE 8. GUARANTEES
PIED-À-TERRE cannot be held responsible for any direct or indirect damage suffered by the Traveler or caused to third parties by the Traveler during the Stay. In particular, PIED-À-TERRE is not liable for
- theft, damage or loss of personal belongings belonging or not belonging to the Traveler, present in the Residence, including in the safes, annexes or common parts of the Residence,
- damage caused to vehicles parked in the Residence's outdoor or underground parking lots, including the parking lots recommended by the Concierge to the Traveler,
- nuisances, in particular noise, caused by third parties to the Traveller, and which disrupt, interrupt or prevent the Stay.
PIED-À-TERRE does not offer mail delivery services within its Residences.
8.2. Content of the Site
Despite the great care taken in the creation and updating of the Site, PIED-À-TERRE cannot provide any guarantee, express or implied, concerning the information contained on the Site of which it is the author.
Consequently, Pied a terre cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained on the Website.
Furthermore, the photographs and illustrations on the Site are for information purposes only and are in no way contractually binding on PIED-À-TERRE.
8.3. Force majeure
PIED-À-TERRE shall not be held responsible, or considered as having failed to comply with the present GTCU, for any delay or failure to comply with the present GTCU due to a case of force majeure, as defined by article 1218 of the French Civil Code and the jurisprudence of the French courts, including, without limitation, the interruption, suspension, reduction or disruption of electricity or any interruption of electronic communication networks or in case of facts beyond its control.
In addition to the disclaimers set forth herein, PIED-À-TERRE shall not be held responsible for the unavailability of networks that are not under its direct control.
8.4 Limitation of liability
In any case, PIED-À-TERRE's liability towards the Customer for any claim arising from the present document, from the booking of a Stay or from the use of the Website, is limited to the total amount paid by the Customer to PIED-À-TERRE for the booking of the Stay, it being specified that the claim must have been made within the legal limitation period.
ARTICLE 9. PERSONAL DATA
The person responsible for processing personal data is PIED-À-TERRE. He can be contacted by email at firstname.lastname@example.org:
36, rue Etienne Marcel
PIED-À-TERRE is responsible for determining the purposes and means of processing personal data. PIED-À-TERRE is committed to protecting the personal data collected and to respecting the purposes for which the data was collected.
- how their personal data is collected. Personal data is any data that can identify a physical person. This includes the first name, last name, age, postal address, email address, location of the person or his IP address:
- What are the rights of the Customer, Traveler and User concerning these data;
- who is responsible for the processing of the personal data collected and processed ;
- to whom this data is transmitted.
9.1. Data collected and processed and method of collection
When the Client, Traveler or User contacts PIED-À-TERRE and/or makes a reservation for a Stay on the Site, the following personal data is collected:
- First name,
- Phone number,
- Email address,
- Content of the question and/or claim.
PIED-À-TERRE will keep all data collected on the Site in its computer systems under reasonable security conditions.
PIED-À-TERRE will regularly review the personal data held, and delete any that are no longer required. No personal data will be held beyond five years from the end of the Stay.
After this period, these data may be anonymized and kept by PIED-À-TERRE for legal or statistical reasons.
The Client's bank details are not kept beyond the end of the stay and the return of the deposit, unless the Client has consented to their storage on his/her account. In any case, the cryptogram is never kept by PIED-À-TERRE.
Subject to the express consent of the Customer, obtained when registering for the PIED-À-TERRE newsletter, the following personal data are collected:
- Email address
9.2 Transfer of Personal Data
PIED-À-TERRE may communicate personal data to its subcontractors and service providers for the sole purpose of executing the present GTCU.
For example, identification and payment data are transferred to its service provider Swikly, in charge of managing payments on the Site, or to Guesty, operator of the reservation software used by PIED-À-TERRE.
For the purposes mentioned above, PIED-À-TERRE may transfer data outside the European Union to countries whose laws on the protection of personal data differ from those of the European Union.
Transfers outside the European Union are governed by standard contractual clauses within the meaning of Article 46 of the GDPR, concluded with partners as appropriate guarantees, unless the European Commission has issued an adequacy decision, recognizing the recipient country as having a level of protection of personal data equivalent to that provided by EEA legislation.
The Site has an SSL certificate to ensure that the information and data transfer through the Site is secure. The purpose of an SSL certificate ("Secure Socket Layer" Certificate) is to secure the data exchanged between the Client/Traveler/User and PIED-À-TERRE [AAEH5] [AB6] [AB7].
PIED-À-TERRE undertakes to notify the Client/Traveller/User in the event of rectification or deletion of data, unless this would entail disproportionate formalities, costs and steps. In the event that the integrity, confidentiality or security of personal data is compromised, PIED-À-TERRE undertakes to inform the Client/Traveller/User by any means.
9.4. Exercise of rights
In accordance with the regulations concerning the processing of personal data, the Customer/Traveller/User has the following rights
Right of access, rectification and deletion: The Customer/Traveler/User can access, update, modify or request the deletion of data concerning him/her. If he/she has one, he/she has the right to request the deletion of his/her personal space.
Right to data portability: The Customer/Traveler/User has the right to request the portability of his/her data, held by the Site, to another.
The Client/Traveller/User has the right to request the limitation of or to oppose the processing of his/her data by the website, without PIED-À-TERRE being able to refuse, unless it can be shown that there are legitimate and compelling reasons that override the interests and rights and freedoms of the Client/Traveller/User.
For any information concerning his rights, or to exercise them, the Customer/Traveller/User must write to PIED-À-TERRE at email@example.com:
MABNG IMMOBILIER - PIed a terre
36, rue Etienne Marcel
In order for pied a terre to fulfill the request, the Client/Traveler/User must provide the following information: first and last name and email address.
PIED-À-TERRE is required to respond to the Customer/Traveler/User within 30 days.
Right to refer to the competent authority: In the event that pied a terre does not respond to the Customer/Traveler/User's request, or if he/she believes that his/her rights are being infringed, he/she is entitled to refer the matter to the CNIL or any competent judge.
ARTICLE 10. COOKIES
PIED-À-TERRE uses various cookies and tracers on the Site to measure the audience and integrate services to improve the interactivity of the Site.
A "cookie" is a piece of information, usually small and identified by a name, that may be transmitted to the User's browser by a web site to which the User connects. The web browser will keep it for a certain period of time, and will send it back to the web server each time the User reconnects. Cookies have multiple uses: they can be used to memorize the User's identifier with a merchant site, the current contents of the shopping cart, an identifier allowing the User's navigation to be traced for statistical or advertising purposes, etc.
10.1. Types of cookies used on the Site
Strictly necessary cookies: These are cookies that are strictly necessary for the operation of the Site. They allow the use of the main features of the Site.
These cookies cannot be set because without them, the User will not be able to use the Site normally.
Audience measurement cookies: These cookies allow PIED-À-TERRE to collect information on the use and performance of the Site in order to improve its operation, attractiveness and content.
Advertising cookies: These are cookies collected during browsing on the Site on which PIED-À-TERRE carries out advertising, and used to present the User with advertisements or send him/her information adapted to his/her interests on the Site or outside during his/her browsing on the Internet.
Social network cookies: These are cookies generated by the "social network sharing buttons" that allow Users to share the content of the Site on social networks.
10.2. Cookie configuration
You can block or delete the cookies placed by the websites you visit by setting your browser's parameters.
For example, the browser can be set to notify the User of cookies that are placed on his or her computer or to ask the User to accept or decline cookies one at a time, or to decline all cookies.
Setting up your browser :
ARTICLE 11. MODIFICATIONS
Pied a terre reserves the right to change the Site and Services at any time.
Down to earth
reserves the right to change at any time the terms, conditions and mentions of the present GCU. They may also be supplemented by new contractual conditions, particularly in the event of technical, legal or jurisprudential developments or when new services and features are introduced.
ARTICLE 12. HYPERTEXT LINKS
PIED-À-TERRE specifies that the use of hypertext links may lead the user of the Site to other websites or applications, independent of the Site. PIED-À-TERRE shall not be held liable for any hypertext links to other websites or applications from the Site.
Similarly, the insertion of hypertext links to all or part of the Site is authorized, on a non-exclusive basis and may be revoked at any time, without PIED-À-TERRE having to provide any justification whatsoever, and provided that such a link does not create a false, misleading, pejorative or prejudicial character against the Site. Under this authorization, PIED-À-TERRE reserves the right to object.
PIED-À-TERRE shall not be held responsible for any direct, indirect or incidental damages resulting from the access or use of information from third party sites.
ARTICLE 13. INTELLECTUAL PROPERTY
All the elements present on the site and the site itself are protected by copyright, trademark law, designs and models and/or any other law in force.
These elements belong to PIED-À-TERRE or are used with the agreement of the right holders, or in accordance with the legislation in force. They may only be used for private, personal and non-commercial purposes and must be used in a manner that respects the elements reproduced. Thus, no modification or alteration of any kind may be made to them. Any use for purposes other than those listed above must be done with the prior written authorization of PIED-À-TERRE.
The use of the contents of the site in contravention of these prescriptions is considered as an infringement under the Intellectual Property Code.
ARTICLE 14. INDEPENDENCE OF CLAUSES
If any part of these TOS is found to be void, invalid or unenforceable for any reason, such term or terms shall be declared null and void and the remaining terms shall remain in full force and effect and shall continue to apply. The terms declared non-existent would then be replaced by the terms that most closely approximate the content and meaning of the nullified clause.
ARTICLE 15. APPLICABLE LAW, JURISDICTION AND CONSUMER OMBUDSMAN
The present GTCU as well as all the operations referred to herein are subject to French law. In case of dispute, the Customer will contact PIED-À-TERRE to find an amicable solution. Failing that, the case will be brought before the competent courts of Paris.
However, in accordance with Articles L.612-1 et seq. of the Consumer Code, the Customer may contact a consumer mediator, through the site [...][AAEH8] [AB9] for the amicable resolution of a dispute.
Before referring the matter to the aforementioned mediation service, the Customer must contact PIED-À-TERRE by email at firstname.lastname@example.org, in order to try to resolve the dispute.
ARTICLE 16. FINAL PROVISIONS
The present GTCU will remain in full force and effect regardless of any changes that may occur to the structure and legal personality of PIED-À-TERRE, in particular in the event of a merger, absorption or split, whether or not a new legal entity is created.
Unless otherwise expressly provided, these GTCU express the entirety of the agreements concluded between the Parties. They cancel and replace all other verbal or written agreements, of any nature whatsoever, which may have been previously made between them and relating to the same subject.