Terms and conditions of sale

SGRHVS is a SAS with capital of €1,000,000, whose registered office is located at 31 rue d’Amsterdam – 75008 PARIS, registered with the Paris Trade and Companies Registry under no. 508 067 188, approved as an operator of social housing residences (hereinafter referred to as ‘RHVS’) within the meaning of Article L.631-11 of the French Construction and Housing Code, decree no. 2007-892 of 15 May 2007 and circular MLVU0803943C of 8 April 2008 relating to RHVS.

These general terms and conditions of sale govern, to the exclusion of any other document, the hotel accommodation contract entered into (hereinafter referred to as ‘the Contract’) between the Customer and the SGRHVS (hereinafter referred to as ‘the Operator’).

1. PURPOSE OF THE CONTRACT

The Operator provides the Customer with temporary, individual, equipped, serviced accommodation (hereinafter referred to as: the ‘Room’) within the Residence Montempô® approved by the prefectoral authority as a RHVS (hereinafter referred to as: the ‘Residence’), in return for the Customer’s compliance with the stipulations of these General Terms and Conditions of Sale.

2. LEGAL SYSTEM

The Contract is governed by the aforementioned legislation applicable to RHVS. As it is not a lease contract, the Customer has no right to remain in the premises on expiry of the Contract and may not carry out any commercial, craft or professional activity there.

3. accommodation conditions

For safety reasons linked to the Chamber’s capacity, it is strictly reserved for the Customer’s personal use and under no circumstances allows any other person other than the Customer to be accommodated.

In accordance with appendix 1 of the aforementioned circular, the residence does not allow the accommodation of persons requiring medical or social support on site.

The Customer formally undertakes to comply with this safety instruction and declares that he/she is not subject to medical or social support on site. On arrival at the latest, the Customer must provide the Operator with a copy of the following documents: a valid national identity card or residence permit; a document stating the name of his company and his contact details if he has a discount reserved for employees. In addition, if the Customer is put in contact with the Operator through the intermediary of (i) the representative of the State in the département or its delegates or (ii) through the intermediary of a legal entity (1% housing collectors, companies, local authorities and their groupings, public establishments, etc.) participating in the financing of the RHVS, the Customer must provide the Operator with the original of the form issued by (i) the competent authority or (ii) the legal entity for the allocation of the Room.
If these documents are not presented on the Customer’s arrival, or if the Contract is extended under the conditions set out in article 11 below, the reservation made will not be honoured or the Contract will not be extended.

Unaccompanied minors: Minors are not authorised to stay in the residence, unless they are accompanied by their parents or a legal guardian.

4. DURATION OF THE CONTRACT

The contract is concluded for a minimum period agreed between the two parties, the Operator and the Customer, and any extension is subject to the conditions set out in article 11 below.

In any event, due to its nature and for reasons of health and safety, the accommodation and services contract will automatically end six months after it begins, and the parties will agree, if the Operator agrees, on a new period of stay; failing this, the Customer must leave the premises and will become an untitled occupier if he remains.

5. OBLIGATIONS OF THE OPERATOR

The Operator undertakes to provide the following hotel services: reception during the opening hours of the residence, cleaning at the beginning and end of the stay as well as every fortnight and a weekly change of bathroom linen.

6. ADDITIONAL SERVICES

At the Customer’s request, the Operator may provide the following additional services, subject to a financial contribution from the Customer: extra cleaning, breakfast, laundry, parking (depending on the residence) and extra catering. These services are payable in advance.

7. RESERVATION – DEPOSIT – PAYMENT

Reservations are only confirmed once they have been accepted by the Operator, subject to compliance with all the conditions stipulated herein. All reservations will only be confirmed on presentation of a guarantee (pre-authorisation of bank card, cash or transfer of the amount of one night corresponding to the deposit).

Payment must be made on arrival for stays of less than one month. For stays of more than 29 nights, the first month’s payment will be required on arrival and then in advance for the following months of the stay.

If the Customer fails to comply with the payment conditions, the Contract will be terminated automatically, without any prior formality, and the duration of the stay will be reduced in proportion to the payments made. The Customer remains solely responsible for payment of his stay (even if payment is made by a third party) without ever being able to invoke against the Operator any exception arising from the de facto or de jure relationship that he has with the third party payer. No discount will be applied in the event of early payment.

8. PRICES

Prices are quoted in euros and include all taxes and charges (water, heating, electricity, cleaning during and at the end of the stay under the conditions specified in article 5 above), with the exception of any tourist tax that may be due and any optional services requested by the Customer, which will be invoiced in addition. The Operator reserves the right to modify the applicable tariff conditions, without however the new tariff applying to stays in progress. In the event of the holiday being extended under the conditions set out in article 11 below, the new price list in force will be applied to the Customer as from the date of the extension.Prices take into account the VAT applicable on the day of the order and any change in the VAT rate will automatically be passed on to the prices indicated on the date of invoicing.Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be passed on to the prices indicated on the date of invoicing.

9. SECURITY DEPOSIT

On arrival, the Customer will pay a security deposit of four hundred euros (€400) which will not be cashed by the Operator (pre-authorisation by credit card or by bank cheque dated the day of arrival, signed by the Customer and made payable to the Operator) for any stay equal to or greater than 4 nights.

For stays of less than 4 nights, a credit card number will be requested and a pre-authorisation to check its validity will be carried out.

Once the keys or access badges have been returned, in the absence of any damage or early departure, and once any additional services consumed on site have been paid for, the security deposit will be returned immediately and in full. Failing this, the security deposit will be cashed by the Operator and, where applicable, the residual amount will be returned to the Customer, after deduction of repairs, replacement of missing items or early departure costs, within a maximum period of sixty (60) days following the Customer’s departure.

10. CHANGE OF ROOM

At any time and depending on operating constraints, the Operator may, at its sole discretion, assign the Customer a new Room subject to giving 48 hours’ notice. The Customer may under no circumstances object to this new assignment.

11. EXTENSION OF THE DURATION OF THE STAY

The length of stay is that initially planned when the Operator confirms the reservation. Subject to the availability of a Room on the dates requested by the Customer, the duration of the stay may be extended at the Operator’s discretion, without any obligation to remain in the same Room, at the tariff conditions in force on the date of the extension request and according to the Customer’s eligibility conditions on this same date. The tariff applied will be that corresponding to the Customer’s situation on the date of the extension.

12. REDUCTION IN THE DURATION OF THE STAY

The Customer may reduce the duration of his stay provided that he gives the Operator two (2) weeks’ notice of his new departure date, this period being reduced to three (3) weeks if the duration of the stay exceeds four (4) weeks. In such a case, the price of the stay may be revalued in accordance with the tariff appendix. If the Customer fails to respect this period of notice, the full amount of the stay initially booked will be due.
No reduction in duration is permitted for stays of two weeks or less: any early departure will not give rise to any compensation or reimbursement.
Any other use not expressly authorised or any total or partial representation of this site, by any means whatsoever, is strictly forbidden without the prior written authorisation of SGRHVS and constitutes an infringement punishable by articles L 355-2 et seq. of the French Intellectual Property Code.

13. CANCELLATION – NO-SHOW

Only cancellations made at least 24 hours before the start of the holiday will result in the refund of the deposit paid by the Customer at the time of booking.If the cancellation is made less than 24 hours before the start of the holiday, the Operator will retain or invoice the amount corresponding to the first night of the holiday, ipso jure and without formality.If the Customer does not show up on the scheduled day, the deposit paid will be retained by the Operator, ipso jure and without formality. In addition, in the event of the Client’s non-appearance, the Operator will regain free use of the Room. Non-presentation of one or more of the compulsory documents referred to in article 3 shall be deemed to be a no-show by the Customer.

Any reservation of more than 5 rooms may entail special conditions and additional charges, please contact each establishment for details.

14. OBLIGATIONS OF THE CUSTOMER

The Customer will make normal and peaceful use of the Room, its facilities and the common areas of the residence and will ensure the peace and quiet of the other customers of the residence. The Room will be made available to the Customer in a good state of repair. An inventory will be given to the Customer on arrival: the Customer must check its accuracy on arrival and report any anomaly, missing object or damage to reception within 24 hours of arrival. After this period and in the absence of any express reservations made by the Customer on the Inventory given to him/her, the Customer will be deemed to have accepted it in all its provisions and will be held responsible in the event of damage, missing objects or any other damage noted when the Customer leaves the Room assigned to him/her. The presence of pets and the storage of flammable or dangerous materials are strictly prohibited. The Operator’s staff may access the Room at any time for maintenance and/or security purposes.
The Customer declares that he has read the residence’s internal rules and undertakes to comply scrupulously with them.

15. LIABILITY

The Customer will be liable to the Operator, other Customers or any third party for any damage whatsoever resulting from any breach of these conditions and/or the Internal Regulations or arising from any fault he/she may have committed.
The Customer’s personal belongings and any property of any kind, in particular those contained in the Room allocated to the Customer under this Contract, remain the Customer’s sole responsibility. It is the Customer’s responsibility to look after his/her personal belongings and to take all the usual precautions in this respect.
Consequently, the Operator may not under any circumstances be held liable by the Customer in the event of theft or damage to personal belongings in the Rooms, in the communal areas, car parks or any other outbuildings or annexes of the residence.

16. TERMINATION

The Contract will be terminated ipso jure, without formality or delay, in the event of non-performance by the Customer of any of the obligations incumbent upon him/her by virtue of these General Conditions, in the event of non-compliance with the Internal Regulations of the residence, or inappropriate behaviour likely to disturb the stay of the other occupants and/or the operation of the Residence and/or the safety of the occupants or the premises.

17. PERSONAL DATA

Information and personal data concerning the Customer are intended for SGRHVS, the data controller, as well as its sub-contractors, and are necessary for the management of the Customer’s stay as well as for commercial relations arising from this Contract. In cases where the Customer has been referred to the Residence via (i) the representative of the State in the department or their delegates or (ii) another legal entity acting on behalf of the Customer, the information relating to the Customer’s stay may, within the limits and under the conditions set out in the reservation agreements concluded between the SGRHVS and these organisations, be transferred to the organisation concerned as part of the monitoring of the reservation made on behalf of the Customer. The Customer is informed of this automated processing of information, in particular the management of his/her e-mail address. The Customer’s personal data file has been declared to the CNIL.

In accordance with the law of 6 January 1978, the Customer has the right to access, rectify and delete any personal data concerning him/her, as well as the right to object, for good reason, to the processing of such data. To exercise this right, they simply need to make a request, indicating their surname, first names, e-mail address and, if possible, their Customer references, to :

• By e-mail to the following address: rgpd@montempo.fr
• Or by post to : SGRHVS MONTEMPÔ, 31 Rue D’Amsterdam 75008 PARIS

Unless expressly authorised to do so by the Customer and notwithstanding the case referred to in the first paragraph of this article, the Operator undertakes not to divulge on its own behalf or on behalf of a third party, for the purposes of marketing or dissemination, whether free of charge or for a fee, the personal data made available to it by the Customer. The Customer undertakes to keep all personal data supplied strictly confidential and to use it only for the purpose for which it was supplied. On expiry of the contract, the Operator undertakes to destroy within the legal time limits any medium containing this personal data and not to keep any copy that would enable the said data to be communicated.

18. SETTLEMENT OF CLAIMS

In accordance with the provisions of articles L 611-1 et seq. of the French Consumer Code, any consumer dispute or litigation may be settled out of court by mediation with the CMAP – Centre de Médiation et d’Arbitrage de Paris. Disputes may not be reviewed by the mediator if the request is manifestly unfounded or abusive, or has been previously examined or is in the process of being examined by another mediator or by a court, or if the consumer made his request to the mediator more than one year after his written complaint to our company SHRHVS Montempô, or if the dispute does not fall within the remit of the mediator, or finally if the consumer does not justify having previously attempted to resolve the dispute directly with our Company by means of a written complaint in accordance with the procedures set out, where applicable, in the contract, which has remained unanswered for 60 days.

To submit your dispute to the mediator, you may (i) fill in the form on the CMAP website: www.cmap.fr under the ‘You are: a consumer’ tab (ii) send your request by ordinary or registered post to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Whichever method you use to contact CMAP, your request must contain the following information in order to be processed quickly:
Your postal, email and telephone contact details as well as your full name and address with a succinct statement of the facts, and proof of prior approaches to our Company or the establishment concerned.

19. APPLICABLE LAW

These general terms and conditions of sale are governed by French law.

20. OUR MEANS OF PAYMENT

Cash within the limits of the monetary code regulations.

• Credit card
• Bank transfer

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SGRHVS S.A.S. au capital de 1.000.000 euros 31 rue d’Amsterdam – 75008 Paris RCS Paris n°508 067 188 TVA Intracommunautaire n°FR30508067188 Décembre 2008