General Terms and Conditions of Sale

General Terms and Conditions of Sale

  1. COMMON PROVISIONS

 

This Chapter I applies jointly to all the services offered by HIFE COLIVING 22 OPERATIONS as defined in Chapters II, III, IV, and V of these General Terms and Conditions of Sale (hereinafter, the “GTCS”).

 

ARTICLE I - 1: TERMS AND CONDITIONS

HIFE COLIVING 22 OPERATIONS (hereinafter “the Company”) is a simplified joint stock company with share capital of €50,062.00 (fifty thousand and sixty-two Euros) registered in the Nanterre Trade and Companies Register under number B 901 605 899, with its registered office at 38 rue Jacques Ibert 92300 in Levallois and with intra-Community VAT number FR63901605899, represented by its Chief Executive Officer, Mr Jean Baptiste Mortier.

Email: info@hife-coliving.fr Telephone: 01.85.08.60.25

 

ARTICLE I – 2: PRESENTATION OF THE COMPANY’S BUSINESS

 

The Company has developed an accommodation business by creating quality services and offering rented accommodation.

The Company operates several residences in France in which furnished private areas (rooms/studios/individual apartments or co-rental apartments) and common areas of several types (areas common to residents of the same apartment or the same floor, common areas open to all residents and common areas open to the public) are provided.

The Company thus offers overnight accommodation services under the conditions specified in Chapter II hereof, as well as para-hotel services for residents and external persons under the terms of Chapter III hereof.

In addition, the Company offers Customers (resident or non-resident) services such as the rental of rooms, access to spaces for sports, well-being or a music room under the terms of Chapters IV and V hereof.

Customers also have access, in some residences, to services offered by external service providers such as hairdressing, manicures, massages, barbers, etc.

 

ARTICLE I - 3: DEFINITIONS

Subscription: subscription by the Customer to a Service for a certain period, the content of which is specified on the subscription form.

Customer: means indifferently a Resident or a non-Resident third party (natural person or legal entity) who has subscribed to Services via the Website or directly within a Residence or via other platforms.

Partner Distributor(s): means the external service provider(s) authorised to offer Services to Customers within a Residence. The booking/cancellation conditions as well as the pricing conditions proposed by the Distribution Partners are defined jointly between the latter and the Company. These conditions are communicated directly to Customers by the Company and/or can be consulted at the reception desk of the residence.

Customer Space: space dedicated to Customers on the Website via specific login data. For any booking (online or at the reception desk of a Residence), the Customer must create an online account on the website for the accommodation part and on the DECIPLUS platform for the service part.

Booking Form(s): means the booking form(s) describing the nature of the Service(s) subscribed to by the Customer, the booking/cancellation conditions and the pricing conditions.

Accommodation: means the provision to a Resident, on a nightly basis for a stay of a maximum period of 2 months, of one furnished room, studio or apartment according to the inventory appearing in Appendix 2 under the terms of Chapter II hereof.

Party(ies): means the Resident or the Customer and the Company, whether individually or collectively.

Service(s): means the Accommodation, the Hotel Services and the Services taken together.

Internal Regulations: corresponds to the document drawn up by the Company that defines the conditions of use and the health and safety measures to be complied with within the Residences. The Internal Regulations are set out in Appendix 1 hereto and apply to all Customers and/or occupants acting on their behalf.

Residence(s): means any residence(s) operated by the Company offering all or part of the Services described in these GTCS. The Services offered in each Residence can be viewed on the Website.

Resident: means a Customer (natural person or legal entity) who has reserved Accommodation within a Residence.

Services: means the services referred to in particular in Chapters IV and V hereof, offered to Customers directly by the Company or indirectly by a Distribution Partner. The Services offered within each Residence are available on the Website.

Hotel Services: refers to services intended exclusively for Residents as referred to in Chapter III.

 Website: means the main website of the Company accessible at the following address https://www.hife-coliving.fr/.

Flex Stay: Recurrent accommodation (short stay), of a minimum of thirty (30) nights. These thirty (30) nights must be consumed over a period of at least twelve (12) weeks and no more than fifty-two (52) weeks. Each stay must include a minimum of 2 nights.

 

ARTICLE I - 4: ACCEPTANCE OF GTCS – ENFORCEABILITY

The purpose of these GTCS is to govern the relations between the Company and any Customer making a booking or subscribing to a Subscription for Services provided directly by the Company or indirectly by the Partner Distributors within the Residences. They thus determine the rights and obligations of the Parties with regard to the Services offered by the Company.

They are written in French in their original version, the sole version that is binding and that shall prevail over any other version.

The GTCS govern all steps required for the reservation/subscription of the Services and the monitoring of the reservation between the Parties. They shall thus apply to all bookings made directly by a Customer with a Residence, via the Website or via other platforms.

Each reservation of Service(s) implies prior acceptance of these GTCS, regardless of the reservation channel used, that shall prevail over all other previous conditions.

The Customer acknowledges having received, prior to booking the Service(s), in a legible and comprehensible manner, these GTCS and all information listed in Article L.221-5 of the French Consumer Code.

By ticking the box below, the Resident declares that he/she has read and accepted the said GTCS.

Yes, I declare that I have read these GTCS and accept their terms and conditions.

The General Terms and Conditions of Sale shall be applicable for the entire duration of their publication online.

The Company reserves the right to amend the GTCS, at any time, by publishing a new version on its Website. The General Terms and Conditions of Sale applicable to a Service are those in force on the payment date of the relevant Service or on the date of the 1st payment in the event of a Subscription.

These General Terms and Conditions of Sale can be consulted in the Customer Area on the Website and can also be consulted in self-service mode in a dedicated folder within each Residence. 

 

ARTICLE I - 5: APPLICABLE REGULATION

The Customer shall strictly comply with all health and safety conditions resulting from the laws and practices and in particular the Internal Regulations of the Residences as well as, if any, the co-ownership regulations and/or the descriptive statement of volume division and/or the specifications of the ASL (Liberal Trade Association/AFUL (Free Urban Land Association) or more generally any document governing the Residence, in their current or future wording (hereinafter, the “Applicable Regulations”).

 

The Internal Regulations are set out in the Appendix to these GTCS (Appendix 1), and are also displayed in each Residence. The other aforementioned documents may also be consulted in a dedicated folder within the Residences concerned by any Customer who requests them.

The Customer undertakes to respect the cleanliness of the premises and to take care of the equipment made available.

Any damage caused by the Customer shall be invoiced to him/her.

The Customer also undertakes to:

  • use the Hotel Services and the Services in accordance with the laws and regulations;
  • personally use the Hotel Services and the Services;
  • ensure the tranquillity of the premises.

Special terms and conditions may apply depending on the nature of the Services provided.

Reference is therefore made to Article IV-4 for the use of gyms and to Article V-4 for services related to the use of meeting rooms and event spaces.

 

 

ARTICLE I - 6: LIABILITY

The Company declines all liability towards the Customer in the event of theft, burglary or criminal act of which he or she may be a victim within the Residences, with or without breaking and entering, even in the event of malfunctioning of the closing systems of the Residence(s).

The Company shall make its best efforts to restore the situation in the event of interruption of the fluids and services included in the Services such as Wi-Fi, water, electricity or in the event of a disturbance or incident resulting from a Customer of the Residence or a third party, without however being bound by an obligation of result as these situations depend on third parties.

In the event of breaches committed by the Distribution Partners in their relationship with the Customer, it is expressly agreed between the Customer and the Company that the latter may not under any circumstances be held liable for the damage suffered as a result of these breaches.

 

ARTICLE I-7: FORCE MAJEURE - CHANGES TO SERVICES

I-7.1: FORCE MAJEURE

Neither Party shall be held liable to the other for non-performance or delays in the performance of one of the obligations of these GTCS due to the occurrence of a case of force majeure within the meaning of Article 1218 of the French Civil Code.

In particular, in addition to those usually accepted by the case law of the French courts and tribunals, the blocking of telecommunications, including telecommunications networks, total or partial strike, lock-out, riot, civil disturbance, insurrection, civil or foreign war, nuclear risk, embargo, confiscation, capture or destruction by any public authority, bad weather, epidemic, blocking of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer breakdown, any consequence of a technological development, not foreseeable by the Company, calling into question the norms and standards of its profession and any other unforeseeable or irresistible cases, which are independent of the will of the Parties preventing the normal performance of their reciprocal obligations.

In the event of the occurrence of such a force majeure event, the obligation concerned shall be suspended. Each Party shall bear any costs arising from this suspension.

 

 

I-7.2 CHANGES TO SERVICES

Should circumstances so require, the Company may modify its Services in whole or in part.

In such a case, the Company undertakes to inform the Customer(s) concerned in advance as soon as it becomes aware thereof and to give them the right to terminate their reservation and/or their Subscription.

The Customers concerned may decide to terminate all or part of the Services by notifying their decision to the Company by registered letter with acknowledgement of receipt or registered email with acknowledgement of receipt to the addresses below or by hand delivery against receipt at the reception desk of the Residence concerned: info@hife-coliving.fr

Services not provided will not be invoiced.

If the Services have been paid in advance, the Company undertakes to reimburse the Customers concerned within a maximum period of 45 days from receipt of their decision to terminate all or part of the Services under the conditions mentioned above.

 

ARTICLE I - 8: PERSONAL DATA

As part of the performance of the Services ordered by the Customer, the Company is required to collect and process Personal Data.

Said data shall be processed in accordance with the regulations applicable to the protection of personal data, including in particular Regulation (EU) 2016/679 of 27 April 2017 known as the “GDPR” and Law No. 78-14 of 6 January 1978 on data processing, files and freedoms, known as the “Data Protection” law.

The Customer acknowledges that it has been informed of its rights and of all information referred to in Article 13 of the GDPR pursuant to the Data protection policy available on the Company’s Website by ticking the box provided for this purpose.

 

ARTICLE I - 9: PHOTOGRAPHS

The photographs presented on the Website and/or the catalogue(s) provided within the Residences are not contractual. Despite every effort made to ensure that the photographs, graphic representations and texts reproduced give as accurate an overview as possible of the proposed Services, variations may occur, in particular due to the change of furniture or any renovations.

The Customer may not make any claim on this basis.

 

ARTICLE I - 10: RIGHT OF WITHDRAWAL AND CLAIMS

 10.1 Right of withdrawal

 In the event of a contract concluded exclusively remotely (via the Website) in accordance with Article L.221-18 of the French Consumer Code, the Customer shall have a period of fourteen (14) days from the first payment to exercise their right of withdrawal, with no need to justify any reasons or pay any penalties.

To exercise the right of withdrawal, the Customer must notify their decision to withdraw by registered letter with acknowledgement of receipt or by registered email with acknowledgement of receipt or by hand delivery against receipt at the reception of the Residence concerned using the template below or any other unambiguous declaration: info@hife-coliving.fr

 

[SAMPLE WITHDRAWAL FORM]

For the attention of HIFE COLIVING 22 OPERATIONS

I/we (*) hereby notify you (*) of my/our (*) withdrawal relating to the provision of the following services:

Ordered on [to be completed]

Residence located at [to be completed]

Customer Name: [to be completed]

Customer address: [to be completed]

Customer’s signature: [to be completed]

Date: [to be completed]].

This notification must be sent to HIFE COLIVING 22 OPERATIONS, 38 rue Jacques Ibert 92300 Levallois.

 

In the event of exercise of the right of withdrawal within the aforementioned period, the Company shall be automatically released from any commitment resulting from this agreement, with no need for any formality.

 

It is hereby specified that in accordance with the provisions of Article L.221-28 of the French Consumer Code, the Customer shall not be entitled to any right of withdrawal, particularly in the context of:

  • The provision of services fully performed before the end of the withdrawal period and whose performance started after the consumer’s prior express agreement and express waiver of their right of withdrawal;
  • The supply of goods likely to deteriorate or expire rapidly;
  • The supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
  • The provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specified date or during a specified period.

Pursuant to the aforementioned Article L.221-28 of the French Consumer Code, the Accommodation service offered by the Company is thus not subject to a right of withdrawal for the benefit of Residents. 

 

10.2 Claims

The Customer may submit any claim by contacting the Company:

 

  • By telephone by contacting the head office at 01.85.08.60.25;
  • By post to the following postal address: Hife, 38 rue Jacques Ibert, 92300 Levallois-Perret.

 

ARTICLE I - 11: GOVERNING LAW

All the clauses contained in these GTCS, as well as all the Services referred to therein, shall be subject to French law.

 

ARTICLE I - 12: ADDRESS FOR SERVICE

For the purposes hereof, the Customer’s address for service is the one notified at the time of booking and/or Subscription. The Company’s address for service is the address of its registered office.

 

ARTICLE I - 13: MEDIATION

In the event of a dispute or litigation arising from or that is the object of the reservation or performance of a Service, the Customer (if they are a consumer within the meaning of the introductory article of the French Consumer Code) shall be entitled to refer a request for mediation to the Mediation and Arbitration Centre of the Paris Chamber of Commerce and Industry (CMAP), i.e.:

Disputes for which the request has been previously examined or is being examined by another mediator or by a court, or if the Customer has submitted their request to the mediator within a period of more than one year from the submission, in writing, of its claim to the Company or, if the dispute does not fall within the mediator’s jurisdiction, shall not be reviewed by a mediator.

Furthermore, any request for mediation must be preceded by a claim submitted by the Customer in writing to the Company by registered letter with acknowledgement of receipt or registered email with acknowledgement of receipt to the addresses below or by hand delivery against receipt at the reception desk of the Residence concerned: info@hife-coliving.fr

In the absence of a response or an unsatisfactory response within one (1) month from the date the request is sent, the Customer may refer the dispute to the mediator under the above conditions.

Regardless of the means used to refer the matter to the mediator, the request must contain the following elements to be processed quickly: the postal, email and telephone contact details as well as the names and addresses of the Parties to the disputes; a brief statement of the facts; a copy of the claim in writing prior to referral to the CMAP.

 

 

  1. ACCOMMODATION

This chapter governs relations solely between the Company and Residents who book Accommodation (short stay) at a Residence. It is not applicable when the Customer is or will be the holder of a different occupancy right.

 

ARTICLE II -1: LEGAL REGIME

The Accommodation offered at the Residences may be provided on a nightly basis.

This contract is subject to the regime for the provision of services under the terms of Articles 1708 et seq. of the French Civil Code.

The provisions applicable to rental and, a fortiori, those applicable to residential leases, shall not apply for the Resident (Law No. 89-462 of 6 July 1989).

By accepting the general terms and conditions of sale, the Resident declares that the Accommodation reserved under the terms of these GTCS does not constitute their main residence within the meaning of Article 2 of Law No. 89-462 of 6 July 1989.

Any provision of accommodation is concluded as temporary residence. The Resident shall not engage in any commercial, artisanal, professional, tourist or liberal activity inside the Residences.

 

ARTICLE II - 2: TERM

The Company offers nightly accommodation for a maximum period of two (2) months.

In the context of a Flex Stay, accommodation may be reserved for the year with a minimum volume of 30 nights. These nights must be spread over a minimum of twelve (12) weeks and up to one (1) year. Each stay must include a minimum of two (2) nights.

The Resident may change the duration of his reservation under the conditions provided for in Article II- 4 hereof.

 

 

ARTICLE II – 3: PRICE - PAYMENT TERMS - BOOKING OF ACCOMMODATION

The prices of the Accommodation (hereinafter, the “Price of the Accommodation”) are indicated in euros including tax and are degressive according to the duration of the stay and the type of Accommodation reserved.

The pricing terms and conditions as well as the payment terms of the Accommodation Price are available on the Company’s Website and are specified before booking and payment for the stay. All of this information is included in the Booking Form.

The Accommodation Price includes:

  • Accommodation in a private space;
  • rental charges (cold water, hot water, electricity, heating, Wi-Fi);
  • free access to the common areas of the Residences, such as the Live Studio, Be Alive, Meet’in Live, Live Sweet Life, terraces, etc.; and
  • a reception and concierge service (equipment loan in particular) within the Residences.

Any applicable tourist tax is charged an extra. Its amount may vary in particular depending on the location and ranking of the Residence concerned.

The Hotel Services and the Services are invoiced separately.

The key characteristics required for booking each Accommodation, such as the type and size of the room, availability dates, price and options, appear during the reservation process on the Website www.hife-coliving.fr/.

In order to validly book Accommodation, the Customer must provide their contact details (surname, first name, date of birth, nationality, telephone, email address).

Bookings are strictly personal and may not under any circumstances be transferred to a third party, whether free of charge or for consideration.

On arrival, or online via the remote check-in service, the Resident must present or download their identity document (valid driving licence, identity card or passport), which they accept.

Payment of the Accommodation Price, if it is made through the Customer Area, shall be made by bank card.

If payment is not made via the dedicated Customer Area, payment of the Accommodation Price shall be made at the time of booking at the reception desk of the Residences. The Resident may make the payment by bank transfer, by bank card, in cash, or by holiday vouchers (ANCV).

In the context of a Flex Stay, the Customer may make the first payment of their reservation by bank transfer or credit card with invoice sent by email and then opt for payment in monthly instalments by direct debit, transfer or credit card.

 

ARTICLE II - 4: CANCELLATION OF AND CHANGES TO BOOKINGS

The terms of cancellation and modification of bookings differ depending on the duration of the stay and the booking channel. The Company offers the following booking channels:

 

  • (i) online booking:
    • live on the Company’s Website;
    • via other platforms;
  • (ii) booking directly within a Residence.

 

The terms and conditions for cancelling and amending Accommodation reservations are specified in the Booking Form before booking and paying for the stay for all booking channels used.

When booking directly within a Residence or on the Website, the conditions are as follows:

 

1 to 6 nights

 

 

 

 

 

ON-LINE BOOKING

Before 12:00 pm (Noon) – 100% refundable

1 to 6 nights

After 12:00 pm (Noon) Non refundable 100%

7 to 28 nights

FLEX D-3 (Noon) – 100% refundable

7 to 28 nights

100% Non-refundable

29 to 58 nights

FLEX D-15 (Noon) – 100% refundable

29 to 58 nights

100% Non-refundable

Flex Stay

D-15 (Noon) – 100% refundable

Flex Stay

100% non-refundable

 

By way of illustration, for a stay of 1 to 6 nights, the Resident has the possibility of cancelling until 12 noon on the day of arrival at the Residence without conditions and at no cost. After this period, the entire stay will be invoiced.

When booking directly for a stay of 7 to 28 nights, the Resident may cancel up until 12 noon, 3 days before the planned date of arrival at the Residence. After this period, the entire stay will be invoiced.

These conditions are subject to change and are in any event available on the Website and specified on the Booking Form before the reservation and are also subject to full payment of the stay by the Resident at the following address: www.hife-coliving.fr/.

Due to the degressive nature of the rates and the terms and conditions specific to each type of stay, the change in the duration of the stay at the initiative of the Resident is likely to result in a change in the rate and conditions applicable to the stay.

If the change leads to shortening the duration of the stay, the rate change will be retroactive to the first day.

Subject to availability and depending on the Company’s constraints, the duration of the stay may be extended at any time at the Resident’s request, with no obligation to stay in the same Accommodation or at the same price.

The extension of the duration of the stay shall have no effect on the Price of the Accommodation previously booked and/or used.

In the event of interruption of the stay (regardless of the cause) by the Customer, the entire Price of the Accommodation agreed upon at the time of booking shall be collected by the Company, except in cases of force majeure.

In the event of interruption of the stay by the Company, the latter undertakes to reimburse the Customer concerned for the amount of the stay not honoured, within forty-five (45) days of the release of the Accommodation by the Customer and/or any occupant due to its fault, unless the termination clause is applied under the terms of Article II-8 hereof.

 

ARTICLE II - 5: SPECIFIC FEATURES OF GROUP BOOKINGS

The Company offers the option for a Customer to book several Accommodations at preferential rates when the booking involves at least ten (10) Accommodations (hereinafter, the “Group Stay(s)”).

Any request to book a Group Stay is subject to the Company issuing a quote to the Customer, mentioning the details of the Accommodation reserved and, where applicable, the Hotel Room Services and Ancillary Services requested, the date(s) of performance as well as the Price of the Accommodation and, more generally, the price of the various Services.

The quote shall be valid for fifteen (15) days from its issue date. It becomes null and void thereafter.

Confirmation of the booking of the Group Stay will only be taken into account after the Company has actually received a deposit corresponding to 30% of the total sum of the Group Trip, accompanied by the duly signed quote.

The balance must be settled fifteen (15) days before the arrival of the Group. Any additional services invoiced during the stay must be paid upon departure of the group.

Payment for the Group Stay under the conditions set out above, if made through the Customer Area, shall be made by credit card.

If payment is not made via the dedicated Customer Area, payment shall be made when booking with the Residence reception desk. The Resident may make the payment by transfer, credit card, in cash, or by holiday vouchers (ANCV).

The Company reserves the right to refuse any request to modify the services provided for in the approved quote less than thirty (30) days before the start date of the Group Stay.

In the event of full cancellation of the Group Stay by the Customer, the reimbursement terms are as follows:

  • Cancellation more than ninety (90) days before the start date of the Group Stay is free of charge. 100% of the sums paid shall be refunded.
  • Cancellation between eighty-nine (89) days and forty-five (45) days before the start date of the Group Stay: 25% of the total sum of the Group Stay (according to the quote signed by the Customer) shall be kept by the Company. The balance will be reimbursed.
  • Cancellation between forty-four (44) days and fifteen (15) days before the start date of the Group Stay: 75% of the total sum of the Group Stay (according to the quote signed by the Customer) shall be due to the Company. 30% of the total amount of the Group Stay paid at the time of booking shall be retained by the Company. The balance corresponding to 45% of the total amount of the Group Stay (according to the quote signed by the Customer) shall be paid by the Customer to the Company.
  • Cancellation between fourteen (14) days before the start date of the Group Stay and the day of arrival of the Group Stay: the entire Group Stay (according to the quote signed by the Customer) shall be due to the Company. 100% of the sums paid shall be retained by the Company. The balance of the Group Stay, if any (according to the quote signed by the Customer) shall be paid by the Customer to the Company.

 

In the event of partial cancellation of the Group Stay by the Customer, the reimbursement terms are as follows:

  • Cancellation more than ninety (90) days before the start date of the Group Stay is free of charge. 100% of the sums paid shall be refunded.
  • Between eighty-nine (89) days and forty-five (45) days before the start date of the Group Stay: cancellation free of charge for 25% of the Group Stay (according to a quote signed by the Customer). Beyond that, the sum due to the Company shall correspond to the difference between the aforementioned tolerance of 25% and the actual percentage of cancellation according to the quote signed by the Customer. By way of illustration, if the Customer cancels 40% of the Group Stay, 15% of the total sum of the Group Stay paid at the time of booking shall be retained by the Company as a cancellation fee.
  • Between forty-four (44) days and fifteen (15) days before the start date of the Group Stay: free cancellation for 10% of the Group Stay (according to the quote signed by the Customer). Beyond that, the sum due to the Company shall correspond to the difference between the aforementioned tolerance of 10% and the actual percentage of cancellation according to the quote signed by the Customer.
  • Between fourteen (14) days before the start date of the Group Stay and the day of arrival of the Group Stay: no cancellation possible free of charge. In this case, the sum due to the Company shall correspond to the actual percentage of cancellation according to the quote signed by the Customer.

 

Without prejudice to the above paragraphs, and if availability permits, the Company may propose to the Customer a postponement of the date of the Group Stay to another date. If the Customer refuses, the cancellation conditions indicated above shall apply, which the Customer expressly accepts.

The Company shall make any refund required by the Customer by bank transfer to the bank account details provided by this latter no later than forty-five (45) days from confirmation of the total or partial cancellation of the Group Stay.

Any additional payment to be made by the Customer under the above conditions shall be made by credit card or by bank transfer according to the bank account details provided by the Company no later than forty-five (45) days from confirmation of the total or partial cancellation of the Group Stay.

 

 

ARTICLE II - 6: OBLIGATIONS OF THE PARTIES

6.1 Obligations of the Resident

 

The Resident shall be required to personally occupy the Accommodation and to strictly comply with the obligations imposed by the Internal Regulations of the Residences, which they expressly acknowledge to have read (Appendix 1) and, more generally, with the Applicable Regulations.

If the Lessee is a legal entity, the latter may make the Accommodation available to one of its employees or directors in the form and legal regime it deems appropriate, subject to compliance with all the terms and conditions of these GTCS.

The Resident shall be entitled to the peaceful enjoyment enjoy of the accommodation, furnishings and equipment and shall refrain from doing anything that may disturb the other Residents or Customers in any way.

The Resident shall return the Accommodation in perfect condition.

They shall be required to bear at their sole expense any damage or deterioration that occurs in the Accommodation during the period of occupancy. In this respect, the Company expressly reserves the right to invoice the Resident for the full cost of repair or replacement that may be necessary to return the Accommodation, furniture and/or equipment in perfect condition for provision to another Resident.

A detailed statement of the furniture and equipment specific to each Accommodation is specified in the Booking Form prior to any booking and payment for the stay. An inventory of the furniture and/or equipment present in the Accommodation of the Residences is provided in the Appendix hereto (Appendix 2).

Any malfunction or damage to the Accommodation must be declared on arrival by the Resident, failing which the latter is presumed to have taken their Accommodation, the furniture and equipment in good condition and to be liable for any damage and/or deterioration, if applicable, under the conditions set out above.

The Resident must also notify the Company immediately of any water leaks, damage and, more generally, of any events that may cause damage in order to ensure the preservation of the Accommodation and/or the Residence.

The Resident shall allow the Company to visit the Accommodation whenever necessary for the maintenance, repair and safety of the Residence.

The Resident shall be prohibited from assigning this service agreement, even free of charge and/or from making the Accommodation available in whole or in part to third parties, even temporarily.

 

6.2 Obligations of the Company

 The Company undertakes to make the Accommodation and the common areas available in a good state of use and repair.

In addition, the Company shall maintain the Residence in good condition, in accordance with the applicable purpose and use.

 

ARTICLE II - 7: TERMINATION CLAUSE

In the event of non-compliance by the Resident with the obligation to use the Accommodation peacefully or inappropriate behaviour likely to disturb the stay of other Customers and more generally in the event of non-compliance by the Resident with the obligations imposed by the Applicable Regulations, formal notice to terminate the contract and, where applicable, a request to leave the premises within 24 hours of receipt of the letter shall be sent by the Company to the Resident concerned.

 

In the event of serious behaviour likely to disturb public order, the Resident must immediately leave the Accommodation and, more generally, the Residence.

 

ARTICLE II - 8: ENTRY AND EXIT

Access cards to the Accommodation shall be handed over at the reception desk of the Residence (24 hours a day) or by self-checking.

The Resident must leave the Accommodation and return the access cards before 11:00 am on the day of the end of the reservation.

Failing this, the Company reserves the right to invoice the Resident for an additional night and a lump sum of €30 per missing access card.

It is the responsibility of the Resident to check the opening hours when booking and, if necessary, to inform the Company of an arrival or departure outside the opening hours. In such a case, the Residence shall arrange directly with the Resident to communicate to them the procedure to be followed, which may be subject to a price supplement.

 

III. HOTEL SERVICES

In addition to the Accommodation (short stay) under the terms of Chapter II above, the Company offers the Residents various Hotel Services.

This chapter governs the relations between the Company and the Residents for the Hotel Services.

These Hotel Services are inseparable from the provision of an Accommodation. Consequently, should this provision cease for any reason whatsoever, the Resident may under no circumstances claim to be entitled to any of the Hotel Services offered within the Residences.

 

ARTICLE III - 1: NATURE OF HOTEL SERVICES

The Resident shall be solely responsible for their choice of the Hotel Services and their suitability for their needs, such that the Company cannot be held liable in this respect.

Hotel Services offered include the following:

  • Cleaning: available for Subscription on a recurring basis or on demand on an ad hoc basis.
  • Linen kit: available on request, either by subscription or by purchase.
  • Catering services: breakfast available on a recurring basis or on demand on an ad hoc basis.
  • Bicycle rental: provision of a bicycle on request or by Subscription.
  • Concierge for personal services: printing, taxi booking, ticketing, etc. available on request.

 

The Resident shall have the right to subscribe at any time to one or more of these Hotel Services, which shall be invoiced to them, in addition and separately to the Price of the Accommodation at the rate and conditions in force on the day of their reservation.

The Company undertakes to honour the Resident’s reservation and/or Subscription within the limit of the availability of the Hotel Service on the requested date. Failing this, the Company shall inform the Resident as quickly as possible.

The Company reserves the right at any time to update the prices and conditions of the Hotel Services, which may be consulted on the Website and displayed at the reception desk of the Residences in accordance with the principles set out in Article I-7.2 hereof.

 

ARTICLE III - 2: PRICE - PAYMENT TERMS - BOOKINGS

The prices of the proposed Hotel Services are indicated in Euros including tax.

The applicable prices are those mentioned on the price list available on the Website and displayed directly at the reception desk of the Residences and specified in the Booking Form before booking/Subscription of the Hotel Services concerned.

Any price change after the booking/subscription date shall have no effect on the Subscription.

 

2.1. Hotel Services on-demand

 

No reservation shall be taken into account before full payment of the price of the Hotel Services concerned.

Payment for Hotel Services, if made through the Customer Area, shall be made by credit card.

If payment is not made via the dedicated Customer Area, payment for the Hotel Service shall be made when booking at the Residence reception desk. The Resident may make the payment by credit card, in cash, or by holiday vouchers (ANCV).

 

2.2. Hotel Services with Subscription

 

The Resident is informed of the minimum commitment period (1 month) on the website and at the Residence reception desk when placing the order.

Payment for the Hotel Service with Subscription, if made via the Customer Area, shall be made by bank transfer (with the Company providing the bank account details to which the transfers are to be made), by credit card or by monthly direct debit (the Resident must provide bank details).

If payment is not made via the dedicated Customer Area, payment for the Hotel Service with a Subscription shall be made at the reception desk of the Residences by credit card, in cash or by holiday vouchers (ANCV).

The Subscription must be paid by the Resident monthly and in advance on the 1st of each month (or, if it is not a business day, the day immediately preceding it).

 

ARTICLE III – 3: CANCELLATION OF AND CHANGES TO BOOKINGS

If the Subscription is taken out during the month, the Subscription shall be due on a pro rata basis for the month in progress. A Subscription may only be terminated at the end of the month.

The Subscription Agreement shall be entered into for an indefinite period and may thus be terminated at any time by the Customer and the Company, it being specified that any month incurred shall be due, unless the termination is at the Company’s initiative.

For Customers reserving individual Hotel Services, no cancellation or refund is possible by the Customer unless the termination is at the Company’s initiative.

The interruption of the stay by the Resident or the Company shall result in the interruption of the Hotel Room Services reserved under the conditions provided for in Article II-4 hereof.

 

 

  1. SERVICES (SPORT, WELLNESS, MUSIC, EVENTS)

This chapter governs the relationship between the Company and the Customers for the Services. The Services shall be separate from the provision of Accommodation.

 

ARTICLE IV - 1: NATURE OF THE SERVICES

The Company provides the Customer with access to a gym area, a wellness area, a music/karaoke room, as well as the following related services:

 

  • Cross-training type group sports courses;
  • Group yoga classes;
  • Karaoke session;
  • One-off introduction to various courses, workshops, events; and
  • “Wellness” services according to a schedule drawn up monthly with the Distribution Partners (hairdressing, manicure, massage, barber, etc.).

 

ARTICLE IV - 2: PRICE - PAYMENT METHOD - RESERVATION

IV – 2.1 General information

Reservations must be made for courses offered according to a monthly schedule in the gym and for services related to the wellness area, as well as for karaoke boxes, on the DECIPLUS App or directly at the reception desk of the Residences.

The Customer must provide their surname, first name, email address and telephone number.

The price of the Services offered within the Residences is indicated in euros including tax.

Full payment for the Service concerned shall be requested upon booking.

At the end of the service or Subscription, the Customer undertakes to return the access card(s) provided to it by the Company. Failing this, the Company shall invoice the Customer a lump sum of thirty euros (€30) per missing card.

 

IV – 2.2 Gym-related services

The gym shall be freely accessible by Residents during “Open Gym” hours via their access card to the Accommodation.

A Customer may also freely access this space with a Subscription package.

For sports lessons, the Customer may book via different formulas:

  • Single ticket, by five (5) (validity period of three (3) months) or by ten (10) (validity period of six (6) months). To book, the Customer must give their surname, first name, email address and telephone number. Full payment shall be requested upon purchase of unit tickets. If it is made through the Customer Area, payment shall be made by credit card.

If payment is not made via the dedicated Customer Area, payment shall be made to the Residence reception desk. The Customer may make the payment by credit card, in cash, or by holiday vouchers (ANCV).

 

  • Subscription: to book, they must give their surname, first name, email address, telephone number, date of birth, home address and an identity document. Payment for the 1st month shall be requested upon booking, followed by a monthly payment. The Subscription must be paid by the Resident monthly and in advance on the 1st of each month (or, if it is not a business day, the day immediately preceding it).

 

The Customer may also provide his or her bank account details to set up a direct debit.

 

IV – 2.3 Other Services (wellness area, karaoke room, etc.)

The pricing conditions and payment terms for the other Services offered are available on the Website and are specified before booking and payment for the Service concerned, it being specified that Residents have a preferential rate for certain Services. All this information is included in the DECIPLUS App.

Payment may be made by credit card on the DECIPLUS app or at the reception desk of the Residences by credit card, in cash, or by holiday vouchers (ANCV).

 

ARTICLE IV - 3: CANCELLATION OF AND CHANGES TO BOOKINGS

The gym is open 7/7 and from 6:00 am to 12.00 am.

Specific lessons or sessions shall be offered every week according to a schedule communicated one month in advance and available on the DECIPLUS app and in the reception hall of the Residences.

If the Subscription is taken out during the month, the Subscription shall be due on a pro rata basis for the month in progress. A Subscription may only be terminated at the end of the month.

The Subscription Agreement shall be entered into for an indefinite period and may thus be terminated at any time by the Customer and the Company, it being specified that any month incurred shall be due, unless the termination is at the Company’s initiative.

For Customers booking sports lessons, cancellation is possible by the Customer up to 24 hours before the start of the lesson. After two (2) cancellations by the Customer after this period, the Company reserves the right to terminate the Customer’s Subscription.

For reservations of services via ticket or unit, cancellation is free 24 hours in advance.

For wellness services, cancellation is free 24 hours in advance.

Once booked, karaoke sessions can neither be cancelled nor refunded.

 

ARTICLE IV - 4: USE OF THE GYM

The Company undertakes to provide the Customer with equipment in good working order.

The Customer acknowledges that they are in sufficient physical condition to participate in the lessons offered and to use the gym equipment, and the Company accepts no liability in the event of a health accident.

 

  1. MEETING ROOM, EVENT SPACES

This chapter governs the relations between the Company and Customers who privatise one or more spaces within a Residence. The privatisation of one or more spaces shall be separate from the provision of Accommodation.

 

ARTICLE V - 1: NATURE OF THE SERVICE

The Company offers fully private meeting or co-working spaces for a meeting or for any other private event (anniversary, after work, kick-off, etc.), (hereinafter the “Event”).

 

ARTICLE V - 2: PRICE - PAYMENT TERMS - BOOKINGS

The pricing conditions for the various services offered are available on the Website and displayed at the reception desk of the Residences.

They differ depending on the privatised room/space, the schedule, the duration of the privatization, the options chosen by the Customer, etc.

The price of the proposed Services is indicated in Euros including tax.

Any reservation request shall be the subject of a quote issued by the Company to the Customer, indicating the details of the service(s) requested, the date(s) of performance and the price of the various services of the Event.

The quote shall be valid for fifteen (15) days from its issue date. It becomes null and void thereafter.

Confirmation of the reservation of the Event shall only be taken into account after the effective receipt by the Company of a deposit corresponding to 30% of the total sum of the Event, accompanied by the duly signed quote.

The balance must be settled fifteen (15) days before the event. If additional services are invoiced during the event, they must be paid for on the same day by the Customer.

Payment for the Event under the conditions set out above, if made through the Customer Area, shall be made by credit card.

If payment is not made via the dedicated Customer Area, payment shall be made when booking with the Residence reception desk. The Resident may make the payment by transfer, credit card, in cash, or by holiday vouchers (ANCV).

Furthermore, the Company shall only perform the services described in the quotation which has been approved by the Customer.

Any additional service requested by the Customer (exceeding Event hours, additional service(s), etc.) shall be invoiced as a supplement, if accepted by the Company.

 

ARTICLE V - 3: CANCELLATION AND CHANGES TO BOOKINGS

In the event of total cancellation of the Event by the Customer, the reimbursement terms are as follows:

  • Cancellation more than thirty (30) days before the date of the Event: cancellation is free of charge, 100% of the sums paid shall be refunded.
  • Cancellation between twenty-nine (29) days and fifteen (15) days before the date of the Event: 50% of the total sum of the service (according to the quote signed by the Customer) shall be retained by the Company. 30% of the total sum of the service paid at the time of booking shall be retained by the Company. The balance corresponding to 20% of the total amount of the service (according to the quote signed by the Customer) shall be paid by the Customer to the Company.
  • Cancellation between fourteen (14) days before the Event and the day of the Event: the entire service (according to the quotation signed by the Customer) shall be invoiced to the Company.

 

In the event of partial cancellation of the Event by the Customer, the reimbursement terms shall be as follows:

  • Cancellation more than thirty (30) days before the Event: cancellation is free of charge, 100% of the sums paid shall be refunded.
  • Cancellation between twenty-nine (29) days and seven (7) days before the date of the Event: cancellation free of charge for 25% of the Event (according to a quote signed by the Customer). Beyond that, the sum due to the Company shall correspond to the difference between the aforementioned tolerance of 25% and the actual percentage of cancellation according to the quote signed by the Customer.
  • Between six (6) days before the date of the Event and the day of the Event: no cancellation possible free of charge. In this case, the sum due to the Company shall correspond to the actual percentage of cancellation according to the quote signed by the Customer.

Without prejudice to the above paragraphs, and if availability permits, the Company may propose to the Customer that the Event be postponed to another date. If the Customer refuses, the cancellation conditions indicated above shall apply, which the Customer expressly accepts.

Any refund to be made by the Company shall be made by bank transfer to the bank account details provided by the Customer no later than forty-five (45) days from the confirmation of the cancellation of the Event.

Any additional payment to be made by the Customer under the above conditions shall be made by credit card or by bank transfer to the bank account details provided by the Company no later than forty-five (45) days from confirmation of the total or partial cancellation of the Event.

The Company reserves the right to refuse any request to change the services provided for in the approved quote less than fifteen (15) days before the Event.

The number of participants may be modified free of charge fifteen (15) days before the Event. No refund shall be granted after fifteen (15) days.

The admission of additional participants shall be subject to the prior agreement of the Company, which may object to it for reasons of security, quality of service(s) or due to the administrative capacity of the premises, without incurring its liability and without the Customer subsequently being able to request cancellation or changes to its booking. In the event that the number of participants in the Event is greater than the number of participants provided for in the approved quote, the price of the service shall be increased by the number of additional persons based on the unit price including VAT agreed in the quote, whether or not the Customer has notified the Company in advance.

Any additional consumption compared to the validated quote shall be paid in cash on site or, failing this, re-invoiced to the Customer, which the Customer expressly accepts.

The quote approved by the Customer may include the privatisation of an open or covered space of a Residence. In this case, the Customer acknowledges having been informed of the maximum capacity of the private space and the fallback space(s) that may be offered by the Company in the event of difficult weather conditions (rain or high wind).

In the event of a fallback during the Event due to weather conditions, no refund or compensation shall be granted by the Company to the Customer.

 

ARTICLE V - 4: LIABILITY

In general, during the Event, the Customer undertakes to observe and ensure that the participants observe respectful behaviour towards the Company’s teams and towards Residents and third parties (neighbours, service providers, other Customers).

Failing this, the Company reserves the right to immediately end the Event, without reimbursement or compensation, which the Customer expressly accepts.

The Customer is deemed to have taken out civil and/or professional liability insurance with a reputable insurance company covering the financial consequences of the civil and/or professional liability that it may incur as a result of bodily injury to third parties or participants at the Event.

It shall be solely responsible for any losses, breakages and damage that may be caused by the participants to property and equipment belonging to the Company.

Private areas must be returned in perfect condition.

In the event that the Customer brings its own electrical equipment (sound system, lighting, etc.), it shall do so under its sole responsibility and must take into account the constraints (particularly respect for neighbours) and the technical limits of the space provided by the Company. In any event, the Customer shall remain solely liable for any damage or nuisance caused by their installation and equipment, or that it may suffer, including theft.

For safety reasons, the use of candles, light fountains or other sparklers is not permitted.

The Company reserves the right to invoice the Customer for the cleaning costs of any disproportionate soiling of the private space for the Event. In the event of damage caused by the Customer to the private spaces, the equipment or the common areas for access to the private spaces for the Event, the cost of the repairs shall be assessed by drawing up a quote that shall be presented by the Company to the Customer, who undertakes to settle it.

At the end of the Event, the Customer undertakes to return the access card(s) provided to it by the Company. Failing this, the Company shall invoice the Customer a lump sum of €30 per missing card.

 

Appendix 1: Internal regulations

Appendix 2: Inventory of the accommodations

 

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