Terms and conditions of sale

The Break & Home residences are operated by the company Accueil Partenaires, a simplified joint-stock company with capital of 100,000 euros, whose registered office is located at 31 Rue d’Amsterdam 75008 Paris, registered with the Paris Trade and Companies Register under number 789 227 063.

1. SUBJECT OF THE CONTRACT

The Operator shall provide the Client with temporary, individual accommodation, benefiting from shared facilities and services (hereinafter referred to as: the ‘Room’) within the Break & Home Residences (hereinafter: ‘The Operator’), in return for the Client’s compliance with the stipulations of these General Terms and Conditions of Sale.

2. LEGAL FRAMEWORK

These general terms and conditions of sale (GTC) with their internal regulations appended hereto govern, to the exclusion of any other document, the hotel accommodation contract concluded (hereinafter ‘the Contract’) between the Client and the Break & Home Residence (hereinafter: ‘the Operator’).
As this is not a lease agreement, the Client has no right to remain in the premises at the end of the Agreement and may not carry out any commercial, craft or professional activity there.
These GTC are sent to the Client, at the same time as the agreement because they form an inseparable whole, to enable him/her to make his/her reservation.

Any reservation therefore implies the Client’s full and unreserved acceptance of these conditions, to the exclusion of any other document such as brochures, commercial documents, etc.

Signing the contract implies unreserved acceptance of these GTC.

In the event of any contradiction between the provisions appearing in the contract signed by the Client and those appearing in these GTC, the provisions of the contract shall prevail.

3. ACCOMMODATION CONDITIONS

For security reasons related to the capacity of the room, it is strictly reserved for the personal use of the Client and under no circumstances may it be used to accommodate any person other than the Client, except for a maximum period of 48 hours and provided that the Client has informed the Residence in advance and has obtained its agreement to these general terms and conditions and the Internal Regulations.
In addition, it is the Client’s responsibility to pay the tourist tax for their guest’s stay.
Upon arrival at the latest, the Client must present a valid identity document to the Operator and fill in a police form if necessary (article R. 611-42 of the code governing the entry, stay and asylum of foreigners in France).
If the customer does not present these items on arrival, the reservation cannot be honoured.

If the reservation for the stay was made online (the residence’s commercial website or any other hotel reservation website) and prepaid, the Customer must be able to present the credit card used for payment on the said website.
Failing this, the Residence reserves the right to refund the credit card used for the reservation, and to require payment on site by the Client upon arrival (in cash or by credit card).
If the Client is unable to do so, the reservation will be cancelled.

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

4. CUSTOMER OBLIGATIONS

The Customer shall make peaceful use (in a ‘responsible manner’) of the Room, its facilities and the common areas of the residence and shall ensure the tranquillity of the other customers of the residence.
The Room will be made available to the Client in a good state of repair.

An inventory will be given to the Client upon arrival: the Client must check that it is correct and report any anomaly, missing or damaged object to the reception within 24 hours.
Beyond this period and in the absence of express reservations made by the Client on the Inventory that has been provided to him, the Client 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 Client leaves the Room that has been allocated to him.
The presence of pets or other animals and the storage of flammable or hazardous materials are strictly prohibited.
In all communications with the outside world, the Client shall comply with all legal regulations, in particular with regard to the location and content of messages sent.
The Client shall therefore assume all consequences thereof and shall hold the residence harmless against any conviction arising therefrom.
The Client must submit to the Hotel for approval any communication that he or she intends to make, of whatever nature, that refers to the Residence.
This establishment offers free WIFI access that allows customers to connect to the internet. The Client undertakes to ensure that the computer resources made available to him or her by the establishment are not used in any way for the reproduction, representation, making available or communicating to the public works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the rights holders provided for in Books I and II of the Intellectual Property Code when such authorisation is required.
The Client is required to comply with the security policy of the hotel residence’s internet service provider, including the rules for using the security measures implemented to prevent the illicit use of computer resources [or other designation used in the company’s IT charter], and to refrain from any act that could undermine the effectiveness of these measures.
If the Client does not comply with the aforementioned obligations, they may be accused of an offence of counterfeiting (article L.335-3 of the intellectual property code), punishable by a fine of 300,000 euros and three years’ imprisonment.

5. DURATION OF THE CONTRACT

The contract is concluded for a minimum period agreed between the two parties, the operator and the client.
Its possible extension is subject to the conditions provided for in Article 11 below. The maximum length of stay must not exceed 6 months.

6. OBLIGATIONS OF THE OPERATOR

The Operator undertakes to provide the following hotel services: 24-hour reception, cleaning and weekly linen change.

7. ADDITIONAL SERVICES

The Operator may provide the following additional services at the Customer’s request, subject to a financial contribution: additional cleaning, breakfast, laundry, parking, drinks and additional catering service.
These services are payable either in advance or in cash.

8. RESERVATION – DEPOSIT – PAYMENT

The reservation is only confirmed after it has been accepted by the Operator, at the latter’s sole discretion and subject to compliance with all the conditions stipulated herein.
All bookings will only be final upon presentation of a PLBS (Payment for the Rental of Goods and Services) guarantee on a valid bank card – CB, VISA, MASTERCARD, cash or bank transfer of the amount of one night corresponding to the deposit.
Payment must be made in full on arrival for all stays of less than one month and monthly in arrears for stays of more than 29 nights.
If it has been agreed that the payment for the stay will be made by a third party, the Client shall remain solely responsible for the payment in question, without ever being able to raise any objection against the Operator arising from the de facto or de jure relationship that he has with the paying third party.
No discount will be given for early payment.

9. RATES

Prices are indicated in euros, inclusive of all taxes and charges (water, heating, electricity, cleaning and weekly linen change during the stay under the conditions specified in Article 5 above), with the exception of any tourist taxes that may be due, as well as optional services requested by the Client, which will be invoiced in addition. The Operator reserves the right to modify the applicable pricing conditions, without, however, the new rate applying to current stays. In the event of an extension of the stay under the conditions of Article 11 below, the new rate in effect will be applied to the Client as of 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 be automatically reflected in the prices indicated on the invoice date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.

10. SECURITY DEPOSIT

Upon arrival, the Client shall pay a security deposit of four hundred euros (€400) or a bank guarantee not cashed by the Operator. After the keys or access badges have been returned, in the absence of any damage observed or early departure and after payment for any additional services used on site, the security deposit shall be returned immediately and in full. Otherwise, the security deposit will be cashed by the Operator and, where applicable, the residual amount will be returned to the Client, after deduction of the last sums due, repairs, replacement of missing items or early departure fees, within a maximum period of sixty (60) days following his/her departure.

11. CHANGE OF ROOM

At any time and depending on operational constraints, the Operator may allocate the Customer a new Room subject to 24 hours’ notice. The Customer may not, under any circumstances, object to this new allocation. This change of room allows, in particular, for the room to be refurbished in order to maintain a consistent quality for all customers.

12. EXTENSION OF THE DURATION OF THE STAY

The duration of the stay is that initially planned when the booking was confirmed by the Operator. Subject to the availability of a Room on the dates requested by the Client, the length of stay may be extended at the discretion of the Operator, without any obligation to remain in the same Room, at the rates in force on the date of the request for extension and according to the Client’s eligibility conditions on that same date. The rate applied will be that corresponding to the Client’s situation in force on the day of the extension.

13. REDUCTION IN THE DURATION OF THE STAY

The Client may reduce the duration of his/her stay provided that he/she informs the Operator of his/her new departure date with two (2) weeks’ notice, this period being reduced to three (3) weeks if the duration of the stay is more than four (4) weeks. In such cases, the price of the stay may be reassessed in accordance with the tariff appendix. If the Client fails to give this notice, the entire stay initially booked will be payable. No reduction in length of stay is permitted for stays of two weeks or less: no compensation or refund will be given for any early departure.

14. CANCELLATION – NO-SHOW

Only cancellations made at least 24 hours before the start of the stay will result in the refund of the deposit paid by the Client at the time of booking. If the cancellation is made less than 24 hours before the start of the stay, the Operator will retain or invoice the amount corresponding to the first night of the stay, automatically and without formality. If the Client does not show up on the scheduled day, the deposit paid will be retained by the Operator, automatically and without formality. In addition, in the event of a no-show by the Client, the Operator will regain free use of the Room. Failure to present one or more of the mandatory document(s) referred to in Article 3 shall be considered as a no-show by the Customer.

15. LIABILITY

The Client shall be liable to the Operator, other Clients or any third party for any damage of any kind resulting from any breach of these conditions and/or the Internal Regulations or arising from any fault on his part. The Client remains fully responsible for their personal belongings and any property of any kind, particularly those contained in the room allocated to them under this Contract. It is the Client’s responsibility to look after their personal belongings and take all the usual precautions in this regard. Any parcel, package, etc. delivered to the establishment before and during the accommodation may be received by the residence but under no circumstances can the residence be held responsible for any incident, damage, incorrect number of packages, damaged packages, or any delivery problems. In the event of a problem, the Client undertakes to contact the supplier or carrier directly. The Client and his insurers waive all recourse against the Break & Home Porte de Choisy residence, its staff and its insurers for any direct or indirect damage resulting from the total or partial destruction of any equipment, movable objects, fittings, valuables of any kind, goods, as well as the deprivation or disturbance of the enjoyment of the premises.

16. TERMINATION

The Contract shall be terminated automatically, without formality or notice, in the event of the Client’s failure to fulfil any of the obligations incumbent upon him/her under these General Terms and Conditions, in the event of non-compliance with the Residence’s Internal Regulations, or inappropriate behaviour likely to disrupt the stay of the other occupants and/or the operation of the Residence and/or the safety of the occupants or the premises. In the event of gross negligence or an emergency, i.e. a situation caused directly or indirectly by the Client and endangering or likely to endanger the other Clients and/or their property and/or the staff or the Residence walls, the Operator may immediately terminate this hotel contract and the occupation of the Room, without formal notice, delay or compensation of any kind.

17. DISMISSAL

In the event of exceptional circumstances, force majeure, technical problems, non-availability or for any other reason, the residence will make every effort to accommodate guests, partially or totally, in an establishment of an equivalent category, at no extra charge, and will cover the costs inherent to the transfer (except in cases of force majeure), without being liable for any additional compensation in this respect.

18. PERSONAL DATA

The personal information and data concerning the Client are intended for the company Accueil Partenaires, which is responsible for processing, as well as for its subcontractors, and are necessary, on the one hand, for the management of the Client’s stay and, on the other hand, for the commercial relations arising from this Contract as well as for the communication of future service and price offers. The Client is informed of this automated processing of information, in particular the management of his/her e-mail address. The file containing the Client’s personal data is the subject of a declaration to the CNIL. In accordance with the law of 6 January 1978, the Customer has the right to access, rectify and delete personal data concerning him/her, as well as the right to object, with reasons, to the processing of said data. To exercise this right, the Customer simply needs to send a request indicating his/her surname, first names, email address and, if possible, his/her Customer references to: Accueil Partenaires SAS, 31 Rue d’Amsterdam 75008 Paris, or by email to the following address: rgpd@accueil-partenaires.com Unless expressly authorised to do so by the Client and notwithstanding the case mentioned in the first paragraph of this article, the Operator shall refrain from disclosing on its own behalf or on behalf of a third party. He undertakes to keep all personal data provided strictly confidential and to use it only for the purpose for which it was provided. Upon expiry of the contract, the Operator undertakes to destroy any medium containing this personal data within the legal time limits and not to keep any copy that could be used to communicate said data.

19. METHODS OF PAYMENT

• Cash within the limits of the monetary code regulations.
• Credit card (CB, VISA, Mastercard, AMEX)
• Bank transfers

20. FORCE MAJEURE

The residence cannot be held liable to the client in the event of non-fulfilment of its obligations resulting from a case of force majeure. Cases of force majeure or unforeseeable circumstances are those usually recognised by the jurisprudence of the French Courts and Tribunals.

21. SETTLEMENT OF DISPUTES

In accordance with the provisions of articles L 611-1 et seq. of the Consumer Code, any consumer dispute or litigation may be settled amicably through mediation by the CMAP – Centre de Médiation et d’Arbitrage de Paris (Paris Mediation and Arbitration Centre). The following cannot be reviewed by the mediator: disputes for which the request is manifestly unfounded or abusive, or which have previously been examined or are being examined by another mediator or by a court, or if the consumer submitted his request to the mediator more than one year after his written complaint to our company HOME PARTNERS, or if the dispute does not fall within the mediator’s field of competence, or finally if the consumer does not prove that he has first attempted to resolve his dispute directly with our Company by means of a written complaint in accordance with the procedures provided for in the contract, if any, and has received no response for 60 days. To submit your dispute to the mediator, you can (i) fill in the form on the CMAP website: www.cmap.fr tab ‘vous êtes: un consommateur’ (you are: a consumer), (ii) send your request by ordinary or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Regardless of the means used to contact the CMAP, your request must contain the following information in order to be processed quickly: your postal address, email and telephone details, your full name and address, a brief statement of the facts, and proof of any previous correspondence with our Company or the establishment concerned.

22. AMENDMENTS

These GTC may be amended at any time. In this case, the residence will send the amendments to the Client before the start of the services. From then on, the new version of the GTC will apply to the relationship between the Client and the establishment.

23. PARTIAL INVALIDITY

The invalidity of one or more articles of these GTC shall not result in the invalidity of all of them. All other stipulations of the present terms and conditions shall remain applicable and shall have full effect.

24. APPLICABLE LAW – ELECTION OF DOMICILE

This contract is subject to French law.

25. METHODS OF PAYMENT

• Cash within the limits of the monetary code regulations.
• Carte Bleue
• Bank transfers