 GENERAL CONDITIONS OF SALE
The COBETATY Company, hereinafter referred to as "the establishment", leases, under the trade name "Oli's Flat", furnished accommodation to a passing clientele, hereinafter referred to as "the customer". These general conditions of sale, hereinafter referred to as "GCS", apply to all bookings made on the website of the establishment. The reservation of an accommodation implies the preliminary reading of these GCS and their full acceptance by the customer.
Article 1 - Legal regime Each accommodation corresponds to a furnished lodging allowing temporary stays of a duration of 2 days minimum and not being able to exceed two months. Each lease is therefore implied as a temporary and recreational residence only. The premises can not be used as a primary or even secondary residence and the customer cannot fix his residence in the rented premises whether it is continuous or discontinuous. It is forbidden to engage in any commercial, artisanal or professional activity. Accordingly, the contract will be governed by the dispositions of the French Civil Code, by the conditions provided below as well as those contained in the rental agreement that will be signed upon arrival.
Article 2 – Duration The lease agreement granted to the customer will automatically cease upon the expiry of the departure date entered at the time of booking, without the need to give notice. The lease cannot be extended without the prior written agreement of the establishment. In addition, any delayed arrival or early departure does not give right to any refund.
Article 3 - Occupation Each accommodation is provided for a specific number of customer which is determined at the time of the booking and cannot in any case be occupied by a greater number of people. All children are considered as customers and are taken into account in the basis of occupancy of the accommodation. It is not possible to add extra beds but only a baby cot for an extra charge of 20€.
Article 4 – Customers under 18 years of age No minor (customer under 18 years of age) is allowed to stay in an accommodation unless accompanied by one of their legal representatives. The establishment thus reserves the right to refuse access to the accommodation which would have been reserved in disregard of this prohibition for the benefit of any minor not accompanied by one of his legal representatives presenting himself at the accommodation and to proceed immediately with the cancellation of the stay, the said cancellation being the subject of no refund. In the same way, the establishment can proceed at any time before the beginning of the stay to the cancellation of the reservation if it discovers that the accommodation is intended to accommodate a minor not accompanied by one of its legal representatives.
Article 5 - Rates Prices are indicated and payable in EURO. The price of the accommodation includes the rental of housing, charges for water consumption, electricity and heating, internet access, and access to television, the supply of bed linen and towels. Unless otherwise specified, the price of the accommodation does not include the final cleaning of the accommodation and the tourist tax which are to be paid at the time of arrival.
Article 6 - Household and tourist tax 6-1 The accommodation is rented in a perfect state of maintenance and cleanliness, and provided with clean linen (sheets and towels). The end-of-stay cleaning fee of 50 (FIFTY) € must be paid by the customer on arrival. In addition, the customer must leave the accommodation in a normal state of cleanliness, which implies that: - The bins are emptied and placed in the building's container, - The dishes are washed and stored, - The refrigerator is empty. Should this not be the case, the customer will be charged an additional fee of 60 (SIXTY) €. 6-2 The customer will also pay the amount of visitor's tax at the time of arrival at the establishment, amount of which varies according to the accommodation selected. Only the adults are subject to it. 6-3 The cleaning fee and the city tax may be paid in cash or by credit card. 6-4 Any modification or introduction of new legal or regulatory fees imposed by the competent authorities will automatically and immediately apply to any on-going and confirmed booking.
Article 7 - Bookings All bookings are nominative and cannot be transferred to a third party either for a financial compensation or free of charge, unless otherwise agreed by the establishment. All online bookings will only be valid as long as : - The general conditions of sales have been previously agreed upon by the customer, - A payment of either 25% or 100 % of the price of the accommodation, at the convenience of the customer, has been made by him at the time of booking. Only payment by credit card is allowed in case of online booking. As soon as possible and at the latest within 48 hours, the customer will receive a confirmation of payment receipt by email summarizing and confirming his reservation. In case of payment of 25% of the price of the accommodation at the time of booking, the balance of 75% (excluding cleaning fees and tourist tax) must be paid no later than 30 days before the arrival date of the customer. In case of non-payment by the customer of the balance at the latest thirty days before its arrival date, the booking will be automatically canceled by the establishment. The 25% down-payment by the customer at time of booking will be lost and will not be refunded.
Article 8 - Cancellation The customer can cancel his reservation at any time. To do so, he must use the dedicated link for this purpose found in the email confirmation of his reservation sent by the establishment. Cancellations made no later than 30 days prior to arrival date will be free of charge. In this case, the the payment of either 25% or 100 % of the price of the accommodation paid by the customer at the time of booking will be fully refunded. However, any reservation cancelled less than thirty days before the scheduled date of arrival will not give right to any refund.
Article 9 - Non Refundable Prices - Reservation made less than thirty days before the scheduled date of arrival Depending on the seasonal period of the year, the establishment may offer non-refundable prices. The "non-refundable" feature of such prices will appear distinctly to the customer at the time of booking. For these prices, the terms of article 9 cancel and replace the aforementioned booking and cancellation conditions: - Prepayment of the total amount of the stay : Any reservation must be made with full payment of the price of the stay (except cleaning fee and tourist tax), - Non-refundable : In case of cancellation by the customer, no refund will be made. These very same terms of article 9 will also apply if the booking is for a stay starting in less than thirty days.
Article 10 - No-show No refund will be made in case of no show by the customer at the place of stay and the reservation will be automatically cancelled. The accommodation may be made available for rent the day after the arrival day of the customer who did not show up.
Article 11 - Security deposit Upon arrival and retrieval of the keys, the customer must pay a 400€ deposit to cover any damage that may be caused to the rented apartment, the furniture or other objects placed in the rented premises. The owner may request cash payment for the deposit. Any lost, broken or damaged item will be refunded by the customer to the establishment at its replacement value or the value of a similar item, as well as the labour charged by any company and that will be necessary to its replacement. Besides, any damage in the apartment must be compensated to the establishment by the price he will pay to repair or refurbish it. In case of smoking in the rented apartment, the whole deposit of 400 € will be due by the customer to the establishment. This security deposit shall not be regarded as the payment of rent. If the customer would like to secure the deposit with credit card details, he allows use of them by the establishment in order to cover any damages or replacements that could be necessary.
Article 12 - Arrival - Departure – Keys The customer should inform, at least the day before, the establishment of his/her arrival and departure times to allow the collection and return of the keys and the recording of the inventory of fixtures. Arrival must be between 4pm and 7pm.
In the event of : Departure must take place between 9am and 11am. If the apartment is available and with the establishment's consent, the arrival and departure can take place outside these hours, which is subject to additional charges. In case of loss by the customer of a set of keys, the will be held responsible for the cost of replacing the door barrel of the door, if required by the establishement.
Article 13 – Main obligations of the customer In order to enjoy the premises, ownership is temporarily transferred to the customer without further obligation to use them peacefully, to pay the contractually agreed price and return the premises in good condition. The customer is therefore required to: - DO NOT SMOKE IN THE RENTED APARTMENT. If the customer smokes in the rented apartment, the whole deposit of 400 € will be due to the establishment, - Do nothing that his actions or those of his family or relationship, can disturb the quietness of the neighborhood, or other occupants, - Comply with the Rules of the property, - Occupy the premises personally, - Do not store any belongings, except for clothing, personal laundry and small items, - Do not make any modification in the arrangement of furniture, - Do not allow access for any animal on the premises, - Allow urgent repair works that cannot be postponed, - Maintain the rented premises and keep them in good state of cleanliness, - Immediately notify the lessor of any loss or damage occurring in the rented premises, - Bear the costs of repairs following damages or losses arising during the term of the contract. The customer is solely responsible for the use of the provided internet access and more specifically for the downloaded, accessed or viewed contents.
Article 14 - Internet access The internet connection is granted for a personal, non-commercial use and in a reasonable way within respect of the legislation in force and the intellectual and artistic property. The customer is responsible for the proper use of the service and agrees to guarantee the establishment against any action or appeal brought by a third party because of its actions, particularly on the Internet. The establishment declines all responsibility in case of the customer's non-functioning equipment or incompatibility of the latter with the internet access service. The granted internet access must in no way be used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or 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 the code of literary artistic and industrial property. Illegally downloading is a criminal offense punishable by three years' imprisonment and a fine of 300 000 € for individuals and 1 500 000 € for commercial entities.
Article 15 - Insurance - Liability The property does not cover the theft, damage or loss of personal belongings in the accommodation or common areas of the buildings where they are located.
Article 16 - No withdrawal period The withdrawal period introduced in Article L 221-18 of the French Consumer Code does not apply to bookings made on the establishment’s website according to Article L 221-28 of the same Code which indicates : "The right of withdrawal cannot be granted for contracts: ... .. 12 ° Related to transient accommodation services, other than primary or secondary residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided at a specified date or period; "
Article 16 – Establishment details The company COBETATY is a Société par Actions Simplifiées company with a capital of 500 €, head office located in Nice, 18 rue de Dijon, registered with the Registre du Commerce et des Sociétés of Nice under the number 835 052 994. Contact details: - in writing to the address of the registered office: 18 rue de Dijon - 06000 NICE, - by email to the following email address: contact@olisflat.com - by telephone on +33 6 62 28 29 19.
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