RENTAL: TERMS AND CONDITIONS
This translation, and the translation of any document or paper relevant to this contract, is produced only to provide the parties with information and a better understanding of the relevant documents. The translations have no contractual value whatsoever. Only the original French versions of all documents will be legally binding, and French law will apply in the event of any disagreement between the parties. (See and / or download French official terms and conditions on www.agencedesalpes.com).
I - RESERVATION POLICIES:
1. Rental price: the rental price includes all services reserved on the contract with the exception of city tax and supplements reserved and consumed during your stay. The rental is granted and accepted all charges included (water, electricity, heating).
2. Reservation directly made with the Agence des Alpes a. n. and without intermediary:
a. The reservation becomes binding after the payment of 25% deposit and implies acceptance of terms and conditions of rental. Cancellation insurance can be purchased at the time of booking.
b. Once the deposit has been paid, the Agence des Alpes a. n. reserves the right to agree or deny some modifications such as change of date, kind of apartment, place of stay or services. If requests for changes are accepted, the customer will be charged a ‘modification fee’ corresponding to the actual administrative costs, with a minimum of €15 if specific processing is required.
c. If the booking is made more than 30 days before arrival, the customer shall pay to the Agence des Alpes a. n. a deposit of 25% of the rental amount.
d. If the reservation is made less than 30 days before the date of arrival, the customer is required to pay the full amount of the stay.
e. If the booking is made less than 7 days before arrival, only a remote settlement by credit card will be accepted.
3. Balance of rental only for the direct bookings: the balance is to be paid to the Agence des Alpes a. n. one month before arrival. (Decree n° 2005-1315 21/10/06).
4. Flexible cancellation only for the direct bookings:
a. All cancellations must be confirmed to the Agence des Alpes a. n. by mail.
b. If the customer has not taken out the cancellation insurance offered by Agence des Alpes a. n., or if the reason for cancellation is not covered by the insurance policy taken out with Agence des Alpes a. n., the cancellation charges are as follows:
- Cancellation more than 60 days before the start of the stay: no charge;
- Cancellation between 59 and 30 days before the start of the stay: 25% of the cost of the services booked;
- Cancellation between 29 days and the start of the stay: 100% of the price of the services booked.
Agence des Alpes a. n. reserves the right to recover this amount by all legal means.
In the event of force majeure within the meaning of Article 1218 of the French Civil Code (natural disaster, pandemic, etc.), the cancellation conditions will be adapted according to the circumstances.
c. If the customer has purchased cancellation insurance, he will be refunded of the total amount of reserved services under the conditions specified below article IV.
d. Any premature departure of the tenant may not give rise to any refund.
e. In case of cancellation or interruption of stay, the booking fees, the amount of cancellation insurance and all fixes charges and consumed/ booked services will be due to the Agence des Alpes a. n..
5. Payment by bank transfer only for the direct bookings and where payment by credit card is not possible:
a. Bank charges are the responsibility of the customer.
b. Given the time needed to transmit an order bank and to maintain the option of booking until receipt of funds, it is required the customer to send us by email a copy of the transfer order in 48 hours after its execution.
II - CONDITIONS OF OCCUPANCY OF THE RENTED PROPERTY / DEPOSIT:
1. For all properties rented a deposit is required upon delivery of the keys.
2. The deposit is 500 € to 2000 € depending on the type of property. It will be in the form of a debit authorization by credit card. The debit authorization will be destroyed within 14 days, except in cases where compensation should be retained for the reasons listed below.
3. The deposit is not collected except where compensation should be used for the reimbursement of rehabilitation related to damage caused, to replace by a new one any lost, destroyed, damaged and / or missing equipment, to cover any cost for unrealized household / cleaning (...). Where appropriate, after having been informed the tenant that requires it, shall be liable to the Agence des Alpes a. n. compensation in the amount of repairs related to any damage. In case of insufficiency of the deposit to cover these expenses, the tenant is required to pay to the Agence des Alpes a. n. the corresponding invoices within eight days after receipt.
4. The tenant must look after the property as its own and ensure a good housekeeping. If the tenant chooses to do the cleaning themselves, the accommodation must be left in a clean and tidy condition on departure (dishes cleaned and put away, dustbins emptied and taken out, accommodation cleaned with household products, fireplaces emptied of their ashes and cleaned, blankets and belongings put away, etc.). If the tenant chooses to take the cleaning package or if it is included, the accommodation must be returned with the dishes cleaned and put away, dustbins emptied and taken out, fireplaces emptied of their ashes, blankets and belongings put away. If necessary, the cost of cleaning and/or tidying up will be invoiced and charged to the security deposit at the current rate.
5. The tenant agrees to use the rented property carefully. He is responsible for any damage caused intentionally, by negligence or clumsiness, by him, persons accompanying or visitors during the term of the contract premises which he has the exclusive.
6. The tenant must comply with the building regulations as well as any rules of the building in which the apartment is located, so that the owner of the apartment and the Agence des Alpes a. n. can never be worried.
7. The tenant is obliged to comply: Instructions for energy savings, including avoiding to leave the windows open and radiators thoughtlessly, but also to take all precautions against a risk of frost, and the obligation calm after 22 hours in accordance with the regulations set out in Article R. 1336-5 of the French Public Health Code and, more generally, with the regulations in force in France.
8. The tenant shall, before his departure, put all the pieces of furniture in the place where they were when he arrived.
9. Any lost key will cause the change of the barrel of the door and a billing on a real cost basis.
10. If the rented accommodation is also for sale, the tenant authorizes the Agence des Alpes a. n. negotiator to visit the site. Unless otherwise agreed by the tenant, visits may only take place on working days, between 10am and 6pm. Visits must be scheduled with at least 24 hours' notice.
11. The tenant authorizes the Agence des Alpes a. n. to carry out any repair in an emergency, for rent and without claim a rent reduction and no compensation for this type of disturbance.
12. The tenant authorises, without any reduction in rent or compensation: the intervention of the building co-ownership, if necessary, technical interruptions in the operation of the building's general services (heating, hot and cold water, electricity, etc.), interventions by public services (water pipes, electricity, telephone, access, etc.).
III - INSURANCE RESORT: the tenant must be insured against rental risks, theft, fire, water damage or by an extension of insurance covering his principal residence or any other special insurance for the holidays. All objects and personal effects belonging to the tenant under its own responsibility. They are in no way covered by any insurance policy issued by the building owner's landlord, agent or agency.
IV- CANCELLATION OR INTERRUPTION OF STAY INSURANCE, CIVIL LIABILITY AND RESCUE / REPATRIATION COSTS ONLY FOR THE DIRECT BOOKINGS: Agence des Alpes a. n. offers optional insurance LOCPLUS may be purchased upon reservation (see the current price).
INSURER: AREAS DOMMAGE - 47/49 rue de Miromesnil 75008 PARIS
BROKER: SAM - Orias N°10 058 127 – 105 rue Jules Guesde – CS 60165 – 92532 Levallois Perret Cedex Insurance Brokerage Company, SAS, under French law with a capital of 100,000 euros registered in the Nanterre companies register under number 523 543 445. This insurance covers under some circumstances the following risks that are mentioned in the LOCPLUS general terms and conditions which are the only ones applicable in case of subscription of the insurance by the client. The detail of those conditions is given to the client upon booking and is available on Agence des Alpes a. n. website www.agencedesalpes.com menu « Rentals» rubric « Terms and conditions ».
1. Cancellation of the stay: the Insurer guarantees to reimburse the Insured sums paid as a deposit and the balance owing where cancellation of a holiday occurs as a consequence of one of the events or exclusions listed in LOCPLUS general terms and conditions.
2. Interruption of the stay: the Insurer guarantees to reimburse rent not accrued due to the interruption of the stay as a consequence of one of the events or exclusions listed in LOCPLUS general terms and conditions, up to a limit of 25 000 euros. Compensation owed by the Insurer for an injured party is determined by the number of occupants and the number of days left to run.
3. Rescue and repatriation costs: for the length of the stay, the insurer will cover the search and rescue fess implemented by a body authorised to come to your aid. In the event that a stay is interrupted due to a covered health problem, the Insurer cover the transport costs not initially foreseen and incurred for you as well as that of other Tenants as a consequence of one of the events or exclusions listed in LOCPLUS general terms and conditions.
4. Civil liability of the occupant for material damage (fire, water damage, … taking rise in the premises, the monetary consequences of the liability of the tenants or occupants for real estate and property damage…): the Insurer covers Rental liability, Remedy of neighbours and third parties, Civil liability for material damage as long as they are listed in LOCPLUS general terms and conditions.
5. The coverage is extended to cancellations, interruptions and late arrivals resulting from one of the following events when the origin is the occurrence of a severe acute respiratory syndrome (SARS), bird flu, the A-H1N1 influenza (swine flu), Covid-19 or any epidemic or pandemic recognised by the national or international health authorities (…): health problems for the Tenant, death of the Tenant or a near relative, positive test carried out in the 7 days preceding the stay, boarding refused by the transporter justified by a temperature higher than the temperature accepted for boarding subject to a test within 48 hours:
a. If the Insured is unable to leave: the Insurer cover the entirety of the covered Services which have not been used and not refunded.
b. If the Insured is able to leave: the Insurer cover the entirety of the covered Services which have not been used and not refunded between the initial departure date and the arrival date. (Details of the conditions for the epidemic/pandemic extension are available in the LOCPLUS general terms and conditions, point 6.1.6)
6. In case of subscription of this optional insurance, the client acknowledge the general terms and conditions of the LOCPLUS guarantee whose above description is simple extract.
V - ARRIVAL / DEPARTURE:
1. Arrival: the keys are handed over from 5 p.m. at the latest. The formalities can be completed during opening hours.
2. Late arrivals: If you arrive late or outside the official opening hours, it is imperative to prevent the reception before closing at +33 (0) 4 79 00 65 34. A late arrival procedure will then be communicated to the tenant for taking possession of their accommodation and organising the associated formalities. In the event of difficulties or inability on the part of the tenant to recover the keys to the accommodation within the framework of the procedure provided, Agence des Alpes a. n. may not be held liable under any circumstances, and the tenant may not claim any compensation.
3. On arrival, the tenant undertakes to pay the compulsory tourist tax, services not yet paid and any supplements. He also undertakes to hand over the security deposit.
4. Rent refers to the day of arrival to 17:00 the day of departure until 10:00. All late departure (after 10:00) may be charged additional day.
5. The state of play:
a. The statement is performed at each arrival and departure of a tenant.
b. All complaints regarding the cleanliness of the accommodation must be must be reported immediately after entering the property. All comments and / or inconsistencies regarding the state of housing, inventory and cleanliness are required to be made by the tenant within 24 hours after taking possession of the keys.
6. Departure: housing must be vacated at the lastest by 10 am the last day.
7. The tenant agrees to inform the Agence des Alpes a. n. of any damage caused during his stay before his departure.
VI - MISCELLANEOUS:
1. The apartment is rented for a maximum number of people stipulated in the contract. This number can not be exceeded under any circumstances. Babies as young children are considered full-fledged occupants as well as adults. In case of violation, a "pay on-occupation" will be required by indivisible period of one week from the date of arrival stipulated in the contract. The amount will be established on the basis of the public tariff, in proportion to the number of over-occupied persons, and may not be less than €150 per over-occupied person.
2. In some homes, the presence of animals is not desired by the owners. If you take your pets, thank you prior to booking to ensure they are tolerated in the accommodation you have chosen. A 25€ / pet animal fee will be charged.
3. The rental description specifies whether or not household linen is included in the rental price. For reasons of hygiene, it is compulsory to use sheets. Subject to availability, these can be booked with the Agence des Alpes a. n. in addition to the price of the accommodation.
4. For any disagreement relating to the execution of the rental contract, the tenant, if he/she is a ‘consumer’ within the meaning of the introductory article of the French Consumer Code, is informed that he/she may refer the matter to the Consumer Mediator, either electronically at www.anm-conso.com , or by post to the attention of ANM Conso, 2, Rue de Colmar - 94300 VINCENNES.
VII - ELECTION OF DOMICILE: for the application of the present document and its consequences, the parties elect domicile at their respective addresses stipulated in the present document or, failing that, at their respective registered offices.
VIII - PARTIAL INVALIDITY: the invalidity or unenforceability of any provision of this Agreement shall not prevail nullity of the other provisions which remain in full force and effect. However, the parties may by mutual agreement agree to replace the invalid or stipulations.
IX DATA TREATMENT:
1. Data controller: the data controller responsible for your personal data is l’Agence des Alpes a. n. 1269 avenue de la Croisette 73440 LES MENUIRES, n° SIRET 41966218400029, info@agencedesalpes.com and its partners and sub-contractors, Les Menuires and Saint-Martin-de-Belleville Tourist Information Office (Immeuble Belledonne | La Croisette 73440 Les Menuires - dpo@lesmenuires.com). And Arkiane, 17 rue de la Frise, 38100 Grenoble, n° SIRET 39180085100043.In accordance with Article 28 of GDPR, this service providers are bound by a strict confidentiality clause that prohibits the data entrusted to them being used in any manner not set out in the service agreement and that obliges them to implement the technical and organisational measures necessary to meet security and personal data protection requirements.
2. Purpose of data processing: the legal basis for gathering and processing your personal data is founded on the execution of the contract (article 6.1.b of the RGPD), compliance with a legal obligation (article 6.1.c of the RGPD) and legitimate interest (article 6.1.f of the RGPD).The purposes are as follows: the management of contracts, orders, deliveries and bills; accounting, in particular the management of customer accounts and monitoring of the relationship: processing of operations relating to customer management; market research campaigns (managing operational techniques for market research, standardisation, enrichment and deduplication of data); selecting people to carry out customer loyalty campaigns; market research; surveys; product testing and promotion,; sales statistics formulation and development of customer knowledge in relation to our sub-contractors, Les Menuires Tourist Information Office, (Immeuble Belledonne | La Croisette 73440 Les Menuires - dpo@lesmenuires.com) and Arkiane, 17 rue de la Frise, 38100 Grenoble, n° SIRET 39180085100043.
3. Data gathered: for processing requirements, the purposes of which are laid out in §2, the data gathered and processed includes the following: identity: title, surname, first names, address, phone number (landline and/or mobile), fax number, e-mail addresses, date of birth, internal processing code allowing the customer to be identified; data related to methods of payment: bank account or postal account details, cheque number, card number, card expiry date; data related to the transaction: such as the transaction number, details of the sale, subscription, goods, or subscribed service; family, economic and financial situation: number of household members, number and age of children, pet ownership; data related to invoice payments: payment terms, discounts granted, receipts, sales and accounts receivable; data related to the selection of people to carry out customer loyalty, canvassing, survey, product testing and promotional campaigns.
4. Data recipients:
a. The recipients of your personal data are our own management teams, our technical providers and its partner and sub-contractor, Les Menuires and Saint-Martin-de-Belleville Tourist Information Office (Immeuble Belledonne | La Croisette 73440 Les Menuires - dpo@lesmenuires.com) and Arkiane, 17 rue de la Frise, 38100 Grenoble, n° SIRET 39180085100043.
b. In this context, Les Menuires and Saint-Martin-de-Belleville Tourist Office is in charge of sending non-commercial communications for the purpose of facilitating customer relations by email in the name and on behalf of our body (news, resort events, practical information relating to the stay experience). In accordance with the applicable legal provisions, you have the option of opting out of receiving these messages when entering into commercial relations or by clicking on the unsubscribe link that features in the footer of each message sent. You have a right of access, rectification and deletion to the gathering and processing of your personal data. This right of access may be exercised by post, enclosing a copy of your photographic identification, to the following address: Les Menuires Tourist Information Office | Immeuble Belledonne | La Croisette 73440 Les Menuires – or via email to dpo@lesmenuires.com
5. Retention periods: personal data relating to customers and collected within the framework of the purpose described in §2 is held for a period of five years beginning from the end of the commercial relationship. Data that makes it possible to establish proof of a right or a contract or that is saved in accordance with legal obligations may be stored over a longer period and be archived in accordance with applicable provisions (particularly those laid down by the French Commercial Code, the French Civil Code or the French Consumer Code). Personal data relating to a potential customer may be held for a period of three years from when it is gathered by the data controller or from the most recent contact made by the potential customer (such as a request for documentation)
6. Right of access, right to object: in virtue of the provisions of Articles 38, 39 and 40 of the French Act of January 1978, you have a right of access, rectification and deletion to the gathering and processing of your personal data. This right of access may be exercised by post, enclosing a copy of your photographic identification, at the following address: 1269 avenue de la Croisette 73440 LES MENUIRES - info@agencedesalpes.com In some circumstances, the refusal to provide necessary information such as that mentioned in §3 may result in it being impossible to register you as a customer or to perform the contract for the sale of the product or service, which may in turn result in the customer being obliged to renounce that product or service. Your data can be used for commercial communication and electronic communication, by e-mail or SMS, from Agence des Alpes a. n., and regarding products and services similar to those that you have purchased or to which you have subscribed. In accordance with the applicable legal provisions, you have the option of consenting or objecting to receiving this type of communication when your personal data is gathered and via all appropriate media (bookings, contracts, signing up, online forms, etc.). You will also be able to exercise your right of objection afterwards by using the link provided for that purpose in the footer of each message sent.