General Terms and Conditions
Article 1. Definitions
The following defined terms shall apply herein :
Article 2. Purpose
These General Terms and Conditions determine the rights and obligations of the Parties in connection with the use of the Site and the purchase by the Client, on the Site or through a Partner, of accommodation and/or the various services offered by the Company.
Article 3. Contractuel Documents
The relationship between the Parties is governed exclusively by the Contract, which includes:
Article 4. Acceptance and application of the General Terms and Conditions
The General Terms and Conditions are the only conditions applicable within the framework of the execution of the Contract and prevail over any other general or particular conditions that may arise from the Client.
By reserving any accommodation or services offered by the Company, via the Site or through a Partner, the Client accepts the General Terms and Conditions in their entirety and acknowledges that he/she is fully aware of them.
Once accepted by the Client, the General Terms and Conditions apply without restriction to the reservation.
Acceptance of the General Terms and Conditions presupposes that the Client has legal capacity. If the Client is a minor or does not have this legal capacity, he declares having the authorisation of a guardian, a trustee or his legal representative.
Article 5. Tarifs
The Basic Tarif includes:
Other services specific to certain accommodation may be included in the Basic Tariff. In this case, these specific services will be included in the description of the accommodation available on the Site or on the Partners’ website or mobile services.
At the time of booking, the Client may purchase additional services from the Company, such as but not limited to ordering and delivery of meals (breakfast, lunches, dinners), organisation of transfer from railway stations and airports, presence of a chef at home, cleaning during the stay.
All services not included in the Basic Tarif will be billed to the Client by the Company in addition, and the price of such services will be automatically charged by the Company at the end of the stay, by default in the absence of any other payment method provided, on the credit card provided by the Client at the time of booking.
The prices of the accommodation and services listed on the Site are in euros and are inclusive of all taxes (including VAT), taking into account the VAT applicable on the day of the order.
The Company reserves the right to pass on any changes in VAT rates to the price of accommodation and services. It also reserves the right to modify its prices at any time. Nevertheless, the price indicated in the confirmation e-mail sent to the Client will be the only one applicable in the execution of the Contract.
Certain additional taxes, such as a tourist tax, may be imposed by local authorities and, if not explicitly added to the Basic Tariff and paid at the time of booking, may be applied and their amount debited at the end of the stay. They will appear, if applicable, on the final invoice sent to the Client.
Article 6. Booking process and conclusion of the Contract on the Site
As soon as the Client considers that he has selected and added to his basket all the nights and additional services he wishes to reserve, he will have the possibility to validate his reservation. He will then be redirected to a summary page indicating the number and characteristics of the booked overnight stays, the services included and any additional services selected, as well as their unit price.
The Client will also be informed that a sum, the amount of which will be determined during the booking process, will be automatically debited by credit card upon arrival at the premises, as a security deposit, in accordance with article 11 of the General Terms and Conditions.
If he wishes to validate his order, the Client must check the box relating to the ratification of the General Terms and Conditions and click on the validation button.
The Client will then be redirected to a page where he/she must fill in the fields of the Form. He will also have to fill in a certain amount of personal data, necessary for the smooth running of the reservation.
The Client will then be able to confirm his reservation with the Site, and will receive payment instructions in order to complete the reservation.
The Client is invited to pay the totality of his order within a limited time. By this payment, the Client confirms his full and complete agreement with the General Terms and Conditions.
Once this payment has been received, the reservation becomes firm and the Contract is concluded. It is stressed that without the completion of the payment within the time limit, the reservation is not confirmed and the Company reserves the right to rent the accommodation concerned to another Client.
Once the booking has been confirmed, the Client will receive a confirmation e-mail summarising the content of the booking, i.e. the number and characteristics of the nights booked, the services included and any additional services selected, as well as their unit price.
Any additional consumption and services which are not mentioned in the confirmation e-mail, especially those which may be ordered during the stay, shall be paid by the Client, at the latest by the end of the stay.
Article 7. Information relating to the payment of the reservation
The payment by the Client of any reservation on the Site must be made by credit card.
The price of any additional services ordered and consumed during the stay by the Client will be automatically charged by the Company at the end of the stay, by default, on the credit card provided by the Client at the time of booking.
Payments by credit card via the Site are made through secure transactions provided by an online payment platform provider. Payment shall be made directly to the bank or payment service provider receiving payment from the Client.
Any payment that is irregular, ineffective, incomplete or fraudulent, for any reason attributable to the Client, will result in the cancellation of the order at the Client’s expense, without prejudice to any civil or criminal action against it.
For more information, the Client is invited to refer to the general conditions of the payment service provider Stripe: https://stripe.com/us/privacy.
Article 8. Conditions for modification of the reservation
Reservations made by the Client on the Site or through a Partner are in principle not modifiable.
However, a Client wishing to modify an already confirmed reservation may inform the Company by e-mail or via customer service within a reasonable time before the start of the booked stay, or during the stay.
The Company cannot under any circumstances guarantee to the Client that a request for modification of a reservation will be satisfied.
In the event that this request can be met by the Company, a fixed fee of 100 euros will be charged to the Client for the modification of the reservation.
Article 9. Cancellation Conditions
The Client has no right of withdrawal following the completion of the Contract with the Company. Consequently, the nights and services ordered on the Site, or through a Partner, are exclusively subject to the cancellation conditions provided for in the General Terms and Conditions.
Cancellations must be notified to the Company as soon as possible by e-mail.
In the event of cancellation of his reservation, for any reason whatsoever [and even in the event of Force Majeure], the Client will not be entitled to any refund from the Company.
However, the Client may decide, during the booking process, to subscribe to a cancellation guarantee negotiated by the Company with an insurance company, which will reimburse the Client in the event of the occurrence of one of the events listed in the guarantee. The terms and conditions of this insurance policy are available on the Site.
If, before the start of the stay, the Company wishes to cancel the Client’s reservation, in particular due to the exceptional unavailability of the reserved accommodation, it will inform the Client as soon as possible by e-mail and will propose an equivalent stay.
Without prejudice to any claims for compensation for damages, the Client will be reimbursed immediately for all sums paid at the time of booking or subsequently relating to this booking (possible deposits, down payments, advances, etc.), in accordance with the above cancellation policy.
Cancellation of the reservation in case of impossibility to the services booked for a reason that is not imputable to the Company, such as liquidation or seizure of the real estate, bankruptcy of the owner of this property and the occurrence of an event falling under the Force Majeure, will result in the reimbursement to the Client of all sums paid in connection with his reservation, to the exclusion of any other compensation.
Article 10. E-mail prior to arrival
Prior to his stay, the Client will receive, on the e-mail address provided at the time of booking, or on an alias in the case of a booking made through a Partner, a message that will include:
The Customer is fully informed that he will not be met on arrival at the accommodation by a member of staff unless otherwise stated in the pre-arrival e-mail. It is imperative that at the time of arrival on the premises the Client has with him, either in printed form or on his telephone, the QR Code which will allow him to open the main door of the reserved accommodation.
If necessary, the Client may contact the Company’s customer service department at the numbers listed in Article 15 of the General Terms and Conditions or at the emergency number listed in the booking confirmation e-mail.
Article 11. Security deposit – inventory
On the day of, and at the scheduled time of entry into the premises, the Company will charge the Client, on the credit card provided at the time of booking in the absence of any other, a security deposit which shall be in the amount defined during the booking process. This security deposit is intended to cover any damage that may be caused to the movable or other objects furnishing the rented premises.
This non-interest-bearing security deposit cannot be considered as payment of part of the rent.
In the event that the security deposit cannot be taken, for fault of the Client, access to the accommodation will not be guaranteed.
An inventory of fixtures for entry and/or exit is not systematically carried out.
If an inventory of the premises has not been carried out, and in the absence of information to the contrary brought to the Company’s attention by any means, within 3 hours after the actual entry into the premises (this being evidenced by the activation of the QR entry code), the Client is presumed to have received the accommodation in good condition.
The Client shall return the premises in the same condition is he found them on arrival and is responsible for any damage, loss or breakage of any object, furniture or other furnishings on the rented premises.
None of the repairs deemed to be leasehold repairs are at the expense of the Client when they are caused only by obsolescence or Force Majeure.
The security deposit will be fully refunded to the Client within a maximum of 7 days after his departure at the end of the stay, in the absence of any deterioration notified within 48 hours following departure.
In the event of damage, the security deposit will be refunded to the Client, less the cost of the repairs and other expenses incurred by the Company to replace and/or repair any item, furniture or other, as justified by invoice, at the latest within 60 days following departure. If the security deposit is not sufficient to cover the full amount of the expense incurred by the Company, the Company reserves the right to take any action against the Client in order seek compensation for the prejudice suffered.
If, for any reason whatsoever, the Company is not in a position to ascertain the condition of the accommodation at the time of departure of the Client, the security deposit will be kept until the absence of damage to the accommodation is ascertained and returned within a maximum of one week following the departure of the Client.
Article 12. Conditions of use, occupation and house rules
The rented accommodation is accessible to the Client from 4 p. m. and must be vacated at the end of the stay, at the latest by 10 a. m.
The Client undertakes to respect these arrival and departure times.
At the Client’s request, and insofar as this can be satisfied, the Company may authorise an early arrival and/or delayed departure of no more than 8 hours. In the event of early arrival and/or delayed departure authorised for at least 2 hours, a tariff corresponding to one third of the price of the night will be invoiced by the Company, in order to cover the logistics costs and the prolonged occupancy of the property by the Client.
If, at the end of the stay, and in the absence of any special authorisation from the Company, the Client has not vacated the premises after 10 a. m, a daily rate corresponding to the price of the night in the accommodation concerned will be charged by the Company.
The Client must respect the tranquillity of the premises (accommodation and environment), only using them in accordance with their defined purpose as temporary residence and yachting accommodation and shall quit them in good condition.
The Client shall be personally and fully liable to the Company and any third parties for all damage caused by him/ her, or any others persons entering the accommodation in contravention with the General Terms and Conditions.
Furthermore, the Client shall be liable for any damage and theft of any movable object that is part of the accommodation.
The Customer undertakes to read and comply with any rules and regulations established by the Company concerning the use of the premises and its equipment.
In the event of rental in an apartment building, the Client undertakes to comply, as occupier of the premises, with the building’s internal rules and regulations, of which he will be informed by in writing by the Company prior to the stay or at the place of stay.
The rented premises must be ventilated regularly and the heating must never be completely switched off during the winter period.
It is strictly forbidden to organise, without the prior written agreement of the Company, meetings, parties and other events of any kind inside and outside the accommodation.
It is also forbidden to smoke inside the rented premises, unless specifically authorised in the descriptions of accommodation.
The Client is specifically forbidden to carry out any business, profession or industry, and shall only occupy the premises personally. Consumption of prostitution services or prostitution is strictly prohibited.
In no event may the Client may sublet the accommodation, even free of charge, nor shall he/she assign the Contract, except with the prior written agreement of the Company.
The Company makes available to the Client, throughout the duration of the stay, a Tablet allowing him to:
The Client is personally responsible for the use of the Tablet, by him or any other person given entry to the accommodation, during the duration of his stay.
The Client shall also be liable for any damage or theft of the Tablet, for an amount of 500.00 euros which may, in this case, be invoiced to the Client by the Company and be charged directly from the security deposit or directly to his credit card.
The offers of accommodation presented on the Site are for a specific number or maximum number of persons.
The addition of further beds by the Client is not permitted. Similarly, it is forbidden to set up tents in the rented premises, park caravans or install any type of shelter or temporary accommodation.
If the number of occupants exceeds the number given in the description of the accommodation or order confirmation, the Company may to refuse the additional occupants or request payment of an additional sum.
This refusal can in no case be considered as a modification or termination of the Contract at the Company’s initiative, so that in the event of the departure of more occupants than those refused; no reimbursement or compensation will be considered.
Accomodations may include wellness facilities, such as but not limited to swimming pools, pools, hot tubs, saunas, hammams and sport facilities.
The Client uses any of these facilities with due care and attention and at his own responsibility. He undertakes to respect the rules and recommandations set by the Company for the use of such equipment and provided to the Client on site.
The Client should adress any questions regarding these facilities to the Company’s customer service department that can be contacted at the numbers listed in Article 15 of the General Terms and Conditions or at the emergency number listed in the booking confirmation e-mail.
The Client shall not introduce in the facilities any other substance than the ones provided by the Company.
The Company undertakes to make every necessary efforts to ensure that such equipement and the water they contain meet the hygiene standards. The Company may in no event be held liable for accidents or bodily injury due to lack of hygiene that could arise from non-compliance by the Client with the General Terms and Conditions or the rules and recommandations set by the Company.
In spa areas and areas containing wellness equipment, the following actions are strictly prohibited: running, diving or jumping into the pool, jacuzzi or whirlpool – eating – drinking alcohol or being under the influence of alcohol or drugs, leaving children unattended. It is the sole responsibility of parents to monitor their children at all times and protect themselves from the risk of drowning, regardless of the nature or assumed effectiveness of the safety equipment.
The Company may in no event be held liable for accidents or bodily injury, material or immaterial damage to any person caused by the presence and use of sports or leisure equipment in the accommodation offered on the Site, and in particular swimming pools and jacuzzis.
Likewise, the Company may in no event be held liable for accidents or bodily injury, material or immaterial damage to any person resulting from the non-compliance by the Client with the General Terms and Conditions or the rules and recommandations for the use of the facilities in the rented property.
In the event that breach of the General Termes and Conditions and/or the rules and recommandations for the use of the facilities requires maintenance works and/or a more extensive cleaning than usual, additional charges will be invoiced to the Client.
Unless otherwise specified in the description of accommodation offered, animals are not accepted in the accommodation and their presence will therefore not be accepted by the Company.
This refusal may in no case be considered as a modification or termination of the Contract at the Company’s initiative, so that in case of early departure of the Client, no refund or compensation can be considered.
The Client is responsible for all damages caused by pets, whether or not their presence is authorised by the Company.
Additional cleaning charges may be invoiced by the Company in accordance with the conditions referred to in Article 13 of the General Terms and Conditions.
The Client authorises the Company, or any person acting in its name and on its behalf, to access the accommodation in order to carry out urgent maintenance or cleaning work or work on behalf of the owner of the accommodation, for example brokerage sales visits.
Any such access to the accommodation during the stay shall not give rise to any right of compensation.
If a fire alarm is triggered by any action of the Client the Company may charge the Client the cost of intervention of any person authorised to intervene in such circumstances, notably fire brigade and/or police.
The Client is authorised to take photographs of the rented property but has no right to the commercial exploitation and publication of these photos on any medium whatsoever.
For the purpose of ensuring the security of goods and Clients, the Company may install in shared aeras of the accomodations a video surveillance system.
The Client authorises the Company, or any person acting in its name and on its behalf, to capture and record his image.
For more information, the Client can contact the custumer service of the Company who will refer him to the company in charge of the video surveillance system management from whom he can exercise his right to access to his images which will be stored for seven days.
The discovery by the Company or one of its representatives of any activity or behaviour at the rented premises or its surroundings, that does not comply with the General Terms and Conditions and any rules and regulations established for the accommodation concerned, will result in the immediate cancellation of the Contract without prior notice and without prejudice to the Client, and the expulsion of the latter from the rented premises.
The Company may also withhold all or part of the security deposit in order to carry out the renovation of the dwelling.
Article 13. End of stay
The Client may not, under any circumstances, seek to avail himself of any right to stay in the premises at the end of his stay.
The Company reserves the right to contact the Client by e-mail or telephone the day before departure in order to inform itself of the approximate time of departure.
The QR Hosting Code will be automatically deactivated on the day of the Client’s departure, at 10am, except in case of delayed departure requested and authorised by the Company.
An end of stay cleaning is included in the Basic Tarif. Nevertheless, the Client undertakes to leave the premises tidy, empty all rubbish bins, and wash and put away all dirty dishes in the kitchen.
In the event that the inventory of fixtures requires a more extensive end of stay cleaning than usual, additional charges will be invoiced to the Client and will be a maximum amount of 100 euros for accommodation of less than 100m2 and 500 euros for accommodation of more than 100m².
In the event that the prohibition of smoking is not respected and requires extra cleaning to remove odours, additional charges will be invoiced to the Client for an amount of 150 euros.
Article 14. Characteristics of the accommodation and services offered
The accommodation and services offered are those listed on the pages of the Site or on those of the Partners’ websites and/or mobile sites.
Accommodation is offered within the limits of available places.
Each accommodation is detailed on the Site by a description drawn up by the Company together with photographs that give a faithful image of the accommodation. However, these photographs are not contractual insofar as they are open to impression and cannot guarantee exactitude with the reality.
The Client is also informed that the Company has no means of checking the descriptions of accommodation provided by the Partners and that it cannot be held liable for any errors, omissions or inaccuracies in these descriptions.
Article 15. Client service department
The Company makes available to the Customer a customer service that can be contacted:
Assistance can also be provided to the Client during the stay via an instant chat system via the Tablet.
Article 16. Exclusion of Company’s liability in relation to the performance of the Contract
The Company shall not, under any circumstances and in any capacity, be liable for any damage, theft or deterioration of property, any criminal act or any assault of which the Client may be the author or victim in the rented premises.
Likewise, the Company shall not be liable in the event of any damage, such as viruses and spam, arising from the use of the Internet network made available to the Client in the rented accommodation. In addition, the Company does not guarantee or assume any responsibility for a constantly operational Internet connection or its throughput.
The photographs of the accommodation and the services presented on the Site have no contractual character, and the responsibility of the Company cannot be engaged if the characteristics of the accommodation and services differ from the visuals present on the Site or if the latter are erroneous or incomplete.
Article 17. Force Majeure
The Company is not liable and shall not be liable to pay any compensation or indemnification if it is prevented from fulfilling its contractual obligations due to a Force Majeure event or if the Client has suffered damage as a result of a Force Majeure event.
Article 18. Customer Reviews and Comments
At the end of the Contract, the Client is invited to give comments or opinions relating to his stay.
Comments or opinions should only concern accommodation and services offered by the Company and should not:
The Client authorises, the Company to use any opinions he has written for the purpose of the marketing of its products and the promotion of its activity, free of charge and in particular for the following modes of diffusion:
The Company may choose whether or not to publish the comments in question on the pages of the Site, the newsletters of the Site and on the websites of all its partners, provided that the Company cites the name or pseudonym of the author of the contribution. Publishing or not publishing a comment or opinion shall not give rise to any liability on the part of the Company.
The author of the commentary or opinion waives all his intellectual property rights over the content of the comment or opinion in favour of the Company, and in relation to the right to distribute or use, including commercially and on any medium..
Article 19. Insurance
The Client is strongly advised to insure himself with a reputable insurance company against the risks of theft, fire and water damage, both for the risks related to his stay as well as for his liability as renter of the accommodation and the content of the rented premises. It is the Client’s responsibility to verify that his insurance policy covers the risks associated with seasonal rental rentals in France or abroad.
Article 20. Records
The Company will archive purchase orders and invoices on a reliable and durable medium that will constitute a faithful copy of the transactions. The computerised registers shall be considered by the Parties as proof of communications, orders, payments and transactions between them.
Article 21. Frame work of the General Terms and Conditions
The General Terms and Conditions may be modified at any time by the Company or its agent. The General Terms and Conditions applicable to the Client are those in force on the day the Contract is concluded or of the Client’s connection to the Site. The Company undertakes to retain copies of all its old general conditions and to send them to any Client who requests them.
If any provision of the General Terms and Conditions is deemed unlawful, void or for any other reason unenforceable, this provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These General Terms and Conditions describe the entire agreement between the Client and the Company. They replace any previous or contemporaneous written or oral agreements.
The Client’s responsibilities and rights under the General Terms and Conditions are not assignable, transferable or sub-licensable by the Client.
A printed version of the General Terms and Conditions and all notices given in electronic form may be requested in the context of judicial or administrative proceedings relating to the General Terms and Conditions.
The Parties agree that all correspondence relating to the General Terms and Conditions shall be in English or French.
Article 22. Notifications
Any notification or notice concerning these General Terms and Conditions, the legal notices or the personal data policy must be made in writing and must be delivered personally, by registered or certified mail, by post or any other nationally recognised courier service, or sent by post or e-mail, to the addresses indicated in the legal details of the Company on the Site, and must specify the names, surnames, contact details of the Client and the subject of the notice.
Article 23. Claims
Any claim related to the use of the Site, the service, or any other related service, to the pages of the Site on any social networks or to the General Terms and Conditions, legal notices or personal data policy must be filed within 365 days of the day on which the problem giving rise to the claim arises, regardless of any rule or law to the contrary. In the event that such a claim has not been filed within 365 days, such a claim cannot be the subject of a court action.
Article 24. Applicable law
The General Terms and Conditions are subject to the application of Swiss law.
Article 25. Dispute resolution
Except as provided by provisions of public policy, any disputes that may arise in connection with the execution of the General Terms and Conditions, may prior to any legal action, be submitted to the Company for an amicable settlement. It is expressly recalled that requests for out-of-court settlements do not suspend the time limits for commencing legal proceedings.
Unless otherwise provided for by provisions of public policy, any legal action relating to the execution of the Contract shall be submitted to the jurisdiction of the courts of the domicile of one of the Parties.
Article 26. Promotions
SUMMER10: The SUMMER10 promo applies to bookings made on our website for stays between the 01/08/2019 until the 04/10/2019. This offer will end on the 15/08/2019 at midnight GMT. Additional promo codes cannot be used on top of this promotion. The promoter reserves the right to cancel or amend the promotion where it becomes necessary to do so.
The promoter of our offers is Emerald Stay, Boulevard de la Tour 6, 1205 Genève, Switzerland.