General sales conditions
Article 1 – system of law
The present contract is subject to the statutes of tourism apartments. Consequently, the customer can not, on one hand, assert his rights on the legal dispositions applying to residential leases, especially concerning rights of occupancy, and on the other hand he can not be privately or professionally domiciled in the residence.
The dispositions of articles 1952 and followings of the Civil Code, related to hotel keepers are not applicable to Victoria Garden residence. Her responsibility can not be committed in case of theft or damage to personnel effects, in apartments, common rooms or any other outbuilding of the establishment.
Article 2 – Reservation
The reservation of an apartment in a Victoria Garden Residence is available only after acceptance by the Residence Manager. The confirmation of the reservation is fully in his hands.
To be firm, the reservation must be guaranteed by the payment of a deposit, with a valid credit card issued by a well-known establishment.
The amount of the deposit is calculated as follows:
o – For stays of less than 7 nights, the amount corresponds to the price of a night,
o For stays of more than 7 nights, it corresponds to 50 % of the total amount, limited to 30 nights.
In case of reservations not guaranteed by the payment of a deposit, and in case the customer has not arrived a 18 upon the first day of the stay, the residence manager may cancel the reservation and rent the apartment.
For the on line reservations, and according to Article L.121-20-40 of consumption Code, the customer is informed that he does not benefit from the retraction right of distant selling.
Article 3 – Cancellations
In case of cancellation, penalties will be collected ipso jure by Victoria Garden Residence, as follows:
For the stays of less than 7 nights
o In case of cancellation up to 24 h before the planned date of arrival, no penalty will be kept, and in case of a deposit, it will entirely be given back to you
o In case of cancellation less than 24 h before the planned date of arrival, the whole deposit will be kept and if there has been no deposit, the price of a night must be paid.
For the stays of more than 7 nights
o In case of cancellation up to 14 days before the planned date of arrival, no penalty will be kept, and in case of a deposit, it will entirely be given back to you
o In case of cancellation less than 14 days before the planned date of arrival, the whole deposit will be kept and if there has been no deposit, 50 % of the total amount of the planned stay must be paid, limited to 30 nights.
No arrival in case of no cancellation is considered as “abstention” and results in the application of penalties as above mentioned.
As a reminder, according to Article L.121-20-40 of consumption Code, the customer who has booked on line is informed that he does not benefit from the retraction right of distant selling.
Article 4 – Term of stay
No renting contract can be signed for more than 6 months, except for students with a maximal term of 9 months.
Extension of stay
Subject to room availability and under decision of the Residence Manager, there can be an extension of stay; in this case, a new contract is signed. Victoria Garden Residence is not obliged to keep the customer in the same apartment, nor to propose him an apartment of the same grade. However, the price is the tariff corresponding to the new rented apartment, in effect on the day of the beginning of the new period of rent. Before any new contract, all the sums due by the customer for the former stay must be paid.
The stay may be interrupted before planned day of departure, by informing the Residence Manager as follows:
For the stays of less than 7 nights,
o 24 h before, the customer will pay the price corresponding to the shortened stay, with deduction of the deposit
o less than 24 h before, the customer will pay the price corresponding to the shortened stay, and one more night, the payment of which can be made by keeping the deposit.
For the stays of more than 7 nights,
o 7 days before, 24 h before, the customer will pay the price corresponding to the shortened stay, with deduction of the deposit
o Less than 7 days before, and if the remaining term is less than or up to 7 nights, the customer must pay the price of the initially planned stay, with deduction of the deposit
o Less than 7 days before, and the remaining term is more than 7 nights, the customer must pay for the number of nights he has spent, and 7 more nights from the date when he has informed the Residence of the interruption of his stay. A tariff adjustment can be made in case of tariff no more appropriate to term of stay.
Article 5- Price
The price to pay includes disposal of the apartment, optional services noted on the renting contract, resort tax, and except for contrary dispositions in the renting contract, fees (water, electricity, heating).
LThe optional services which are not noted on the contract, used during the stay, are invoiced according to the payment schedule (see article 6)
Article 6 – Conditions of payment
The invoices are established under the name of the resident or of the artificial person who takes the stay in charge. The resident will justify the payment by this person of his expenses; otherwise, the invoice will be established under his name, which he accepts from now. In that case, he will have to pay the bill for his stay.
The Conditions of payment depend on the term of the stay:
For stays of less than 7 nights:
o The customer pays the price of the stay when he arrives, the additional services will be paid when he leaves
For stays of more than 7 nights:
The customer pays the price of the stay when he arrives, within limit of 30 nights
o For the stays of more than 30 nights, he pays the price for the new period, within limit of 30 nights, at its beginning
o The additional services will be paid when he leaves for stays of less than 30 nights; with the following invoicing for stays of more than30 nights.
If the customer does not pay all the due sums, a reminder is sent to him, as a registered letter with receipt. Within two weeks following the date of first delivery, the establishment is entitled to collect the due sums by a distance sale or to use any other means, which the customer accepts from now.
Article 7 – Resident obligations
The apartment is delivered to the customer in good state of maintenance. Resident must inform the establishment about trouble during the stay.
Each resident must use the rented rooms and their equipment in due care, according to the present contract and the residence rules which are posted behind the door of the apartment.
An inventory is made with the customer when he arrives. He must indicate any damage happening in the apartment. If they require repairing or extra cleaning hours, the cost is paid by the customer.
When the customer leaves and in his presence, a schedule o conditions is made and the inventory is verified. Any lacking or damaged object is invoiced to the customer, at the inventory price
Article 8 – Lease termination – sanction – non renewal
The contract signed with the customer is cancelled ipso jure, without any formality and without any notice period if the customer does not respect his obligations, especially a delay in payment. The customer must immediately leave and may be ejected if necessary, with the help of the police.
SETTLEMENT OF DISPUTES
In accordance with the ordinance n°2015-1033 of August 20, 2015 and the application decree n°2015-1382 of October 30, 2015, any dispute or litigation known as consumer (subject to article L.152-2 of the consumer code*) can be the subject of an amicable settlement by mediation with the MTV -The Tourism and Travel Mediation.
The purpose of the Mediation of Tourism and Travel is to promote the amicable settlement of unresolved disputes between consumers and travel service providers, signatories of the Charter of Mediation of Tourism and Travel.
The mediator may not review disputes for which the request is manifestly unfounded or abusive, or has been previously examined or is being examined by another mediator or by a court, or if the consumer has submitted his request to the mediator more than one year after his written complaint to SARL SIHI, or if the dispute does not fall within the scope of the mediator’s competence, or if the consumer does not justify having previously attempted to resolve his dispute directly with SARL SIHI by means of a written complaint in accordance with the terms of the contract.
To submit your dispute to the mediator, you may:
(i) fill in the form on the MTV website: http://www.mtv.travel/
(ii) send your request by simple or registered mail to MTV Médiation Tourisme Voyage BP 80 303 – 75 823 Paris Cedex 17
Whichever method you use to contact the MTV, your request must contain the following elements in order to be processed quickly
(i) Your postal address
(ii) email and telephone details
(iii) the full name and address of SARL SIHI (31 avenue de Mirande 33200 Bordeaux) and of the establishment concerned, (Victoria Garden of Bordeaux, or Victoria Garden of Pau or Maison Manège)
(iv) a brief statement of the facts, and proof of prior contact with SARL SIHI (Victoria Garden de Bordeaux, or Victoria Garden de Pau or Maison Manège)
article L.152-2 of the consumer code*: http://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000031076294&cidTexte=LEGITEXT000006069565