General terms and conditions for temporary accommodation

At Home Hotel is based in Paris and manages a portfolio of furnished apartments on behalf of Absolu Travel, the leading provider of furnished apartments for the gay community in Paris and Nice.

Accommodation in a furnished apartment is subject to Absolu Travel’s General Terms and Conditions, which are attached:

ARTICLE 1 : THE STAY CONTRACT

The rental contract is made up of the following indivisible elements: (1) these general sales terms and conditions; (2) the specific conditions provided for a particular rental agreement or reservation confirmation and (3) the inventory of the apartment. The payment of the deposit implies acceptance of all the conditions in the rental contract.

The present contract with the Client constitutes a sub-letting agreement granted by Absolu Travel, who is the landlord's main tenant. By explicit agreement, the present contract is not subject to the laws governing tenancy agreements (as defined by the law of 6th July 1989). It is not subject to the status of commercial rental and sub-letting contracts (article 145-1 to 145-65 of the commercial code of law) nor to that governing furnished rentals covered by articles L632-01 of the building and residential code of law, unless the Client declares it his/her primary residence..

The present contract is subject to the rules governing parties in a civil rental agreement excluding all notions of primary residence, permanent residence, commercial or otherwise. Therefore, the present contract is subject to the full agreement of the parties and to the clauses of the Civil Code (articles 1714 to 1762). The contract is personal and non-transferrable, and in the name of all of the individuals cited at the time of the reservation.

A price is valid only for the number of occupants specified in the reservation. Extra guests are prohibited. Each occupant must be declared by the client, authorized by Absolu Travel and paid for at the applicable supplemental occupancy rate.   Unless otherwise agreed upon, check in is after 2pm the day of arrival and check out before 11am the day of departure.

Absolu Travel reserves the right to enter the apartment at any time for maintenance, surveillance, lock modifications or any other reason. At the conclusion of the rental period, any personal property remaining in the apartment shall be removed and stored at client’s expense and risk. Acceptance of these terms and conditions is essential. Without such acceptance, Absolu Travel would not have rented the apartment.

ARTICLE 2 : RENTAL PERIOD

The rental will last for the period agreed between the two parties and set out in the specific conditions of the rental agreement. The rental contract ceases to be valid at the end of the period set out in the specific conditions, without any need for a formal notice period. The rental period can never be extended without the prior consent of Absolu Travel.

ARTICLE 3 : RESERVATION

A reservation is only considered confirmed once all documents submitted by Absolu Travel have been signed and the deposit funds have been received. Absolu Travel cannot guarantee clients a specific apartment, but only an apartment from the specified rate category, or from a higher rate category. If the client wishes to extend his/her stay, Absolu Travel will do its utmost to offer the same apartment, but cannot guarantee that a specific apartment will be available, nor that any apartment will be available. 

ARTICLE 4 : PAYMENT

Rental fees, service charges and security deposit all must be paid upon arrival, at the very latest. Acceptable forms of payment include: (1) Visa or MasterCard (2) Traveler’s checks (Euros) or cash (Euros). The client is responsible for any transaction fees associated with credit card payments. If the client arrives outside of normal business hours, all outstanding balances will be deducted prior to arrival.

For payments by credit card (including rental fees, security deposit and/or charges for additional services), the client will be required to sign a separate payment authorization form by which the client renounces the right to dispute the amount(s) deducted from his/her credit card. Absolu Travel reserves the right not to accept payment by credit card.

Under no circumstances does early departure entitle the client to any form of reimbursement. Any sum payable during or at the end of a stay, notably for final housekeeping, service interventions, damage to the apartment or its contents, client negligence or excess electricity consumption shall be deducted from either the client’s credit card or security deposit, at the discretion of Absolu Travel.

Apartment keys are available upon the integral payment of all rental fees, charges and deposits associated with the entire stay.

ARTICLE 5 : SECURITY DEPOSIT

The security deposit, which will not generate interest, must be paid in cash or travelers checks. However, upon request, Absolu Travel may accept to block a pre-authorized sum using the client’s credit card as a security deposit. This method of deposit is accepted by Absolu Travel for client convenience. In exchange, and instead of the pre-authorized sum,  the client expressly authorizes Absolu Travel to charge any amount to his/her credit card any amount less than or equal to the pre-authorized sum, insofar as this needed  to cover charges still owed by the client, even if the check-out inventory has been conducted without the client. The client expressly renounces his/her right to contest any sum debited with his/her bank.

The security deposit shall in no way limit the financial liability of the client, who is ultimately responsible for the real cost of any damages which exceed the deposit amount. The minimum amount deducted for any loss, damage or deterioration shall be 30€ per incident.

ARTICLE 6 : ARRIVAL AND DEPARTURE INVENTORY

There is no damage to the apartment upon arrival, unless explicitly mentioned in the check-in inventory which forms part of the rental agreement. Within 24 hours of arrival, the client must notify any defect not cited in this document as well as any remarks he/she wishes to add. No complaints will be accepted thereafter.

The client has to perform a final thorough cleaning of the apartment before departure. If the cleaning is not done, the client will be billed for this service.

A check-out inventory will be conducted upon the client's departure. The client accepts that he/she will be billed for any missing items or damage recoded by Absolu Travel. The security deposit will be returned less any outstanding charges, including but not limited to extra services and the cost of work needed to make good damage caused by the client. The fact that the client returns the keys to the apartment at the end of the stay does not in any way imply that that the apartment has been returned in an acceptable state.

ARTICLE 7 : APARTMENT DESCRIPTIONS

Apartment descriptions can be found on Absolu Travel websites. Each entry features a general overview, photographs as well as a list of technical specifications and equipment. As the service we provide does not fall under the same statutes or guidelines as standard residential lease or rental agreement, surface area measurements and specifications provided have no legal value. All information is non-contractual and provided for informational purposes only. Absolu Travel shall in no way be held liable for any discrepancies, errors or omissions.

Decoration and equipment in apartments is subject to change and evolution. Although every effort is made to keep our website current, photos on the website may or may not reflect all changes. We can in no way guarantee a precise decoration or the availability of a specific equipment.

ARTICLE 8 : CANCELLATION POLICY

The following rules apply to the cancellation of a confirmed reservation or early departure: (1) For cancellations made more than 30 days prior to arrival, the client forfeits 50% of the initial deposit. (2) For cancellations made less than 30 days before arrival, the entire deposit shall be forfeited. (3) For cancellations made less than 10 days prior to arrival or in the case of “No Show,” the balance for the entire rental will be charged. (4) No refund will be made in the event of an early departure.

By paying a deposit, the client accepts all of the conditions of the rental contract and renounces his/her right to contest any payments charged to his/her credit card by Absolu Travel, including, but not limited, the remaining balance for stays cancelled fewer than 10 days before arrival or in the case of no-shows.

ARTICLE 9 : INSURANCE

As insurance regulations and the notion of liability vary between different countries, the client should inquire with his/her personal insurance carrier to ensure that he/she and any travel companions are covered in the event of personal injury or property damage. By signing this contract, the client declares to be adequately insured and agrees not hold Absolu Travel liable for any accident or injury which may occur during his/her stay.

Renting a furnished apartment requires an insurance policy that will cover any damage that occurs during the tenant's occupation. As of March 2012, Absolu Travel has insurance with 'L'Européenne d'Assurances'

and 'Thelem Assurance', with the contract number 7904961.1420184.612, which covers risks faced by the tenant and his personal liability.

Absolu Travel passes these costs on to its Clients.

For stays of 90 days or less, Absolu Travel charges 1 € per day, however much the rental costs in total. For stays of more than 90 days, insurance is charged at 0.70% of the monthly rental cost. The full conditions are available on request. This insurance allows Absolu Travel to reduce the cost of the security deposit by half for the duration of the client's stay.

Optionally, the Client may also take out a cancellation insurance policy with Absolu Travel. The premium is 3% of the total accommodation cost and also includes risks fced by the tenant and the public liability of both the tenant and the landlord. If the Client chooses this option, there is no need to purchase the insurance policy mentioned in the previous paragraph.

ARTICLE 10 : EQUIPMENT USAGE

It is the client’s responsibility to take all necessary precautions to avoid any accident involving himself, herself or any other guest. The client agrees not to use or attempt to use any equipment or furnishing which he/she does not know how to use properly, or any equipment which does not have instructions or guidelines. The client agrees to take all necessary precautions to prevent accident or injury on hazardous surfaces, notably in bathrooms, kitchens and stairwells.

ARTICLE 11 : SCOPE OF SERVICE

The purchase price includes: Use of a furnished/equipped apartment for the duration specified in the stay contract; Water, electricity and television service/subscription; water consumption; reasonable electricity consumption; household linen for the specified number of occupants; for stays over one week and less than four weeks, linens will be changed once per week; any service intervention during normal business hours due to solely to equipment malfunction. Equipment breakdown or unavailability cannot lead to any reimbursement or other kind of compensation. The purchase price does NOT include: Hardware and/or software necessary for Internet connection; premium television services; any service intervention due to client misuse or miscomprehension; final housekeeping services.

A free Internet connection may be provided in the apartment. However, we cannot always guarantee its availability or workability. It is the client’s responsibility to supply and configure his/her computer, the modem in the apartment, as well as any additional hardware or software which may be necessary. If the client would like a guaranteed Internet connection, he/she can rent a mobile Internet 3G+ USB key from Absolu Travel at the applicable conditions and rates at the time of stay.

ARTICLE 12 : ENERGY AND ENVIRONMENT

Absolu Travel is committed to minimizing our impact of the environment and natural resources. Heating guidelines reflect reasonable energy consumption guidelines. Reasonable daily electricity consumption is defined as: 10 KWh/day for a studio; 15 KWh/day for a one-bedroom apartment; 20 KWh/day for a two-bedroom apartment and 25KWh/day for larger apartments. Clients are responsible for actual energy consumption beyond these guidelines, which will be deducted from the security deposit. Meter readings will be taken upon arrival and departure.

ARTICLE 13 : CLIENT RESPONSIBILITY

The client must take care of the apartment and its equipments all along his/her stay.  The client is responsible for any damage, client negligenceor loss, happening to or in the apartment during the stay. The cost of work needed to make good damage will be billed to the client. The fact that the client returns the keys to the apartment at the end of the stay does not in any way imply that that the apartment has been returned in an acceptable state.

As all apartments are non-smoking, smoking in any of our properties is subject to a fine.

Absolu Travel assumes no responsibility for the loss, deterioration or theft of personal effects belonging to the client, any third party or guest. This disclaimer includes any object of value left in the apartment without supervision, even if the client is present. The client must take all necessary security precautions such as closing and locking all doors and windows upon leaving the apartment to avoid any intrusion. The client is solely responsible for any damages and the consequences thereof, both direct and indirect, including bodily harm, which occur in the apartment or common areas of the building, whether actually committed or resulting from any act, negligence or misuse by the client, guest or any third party. The client and any third party involved expressly renounce the right to hold Absolu Travel legally responsible for any damages, injury, or bodily harm which may occur. Should the client or any of his/her guests wish to bring legal action against a third party, they agree to assume full responsibility for doing so.

The client must respect all building ordinances and thus not create excessive noise or any other disruptions which could potentially disturb other tenants. Noise violations or disturbances are grounds for immediate termination of the stay contract and expulsion without compensation. The client must respect the common areas of the building and leave nothing outside of the apartment or in the common areas of the building. Pets are not permitted, unless otherwise agreed upon in writing. The client agrees not to engage in any illegal, illicit, immoral or business-related activity within the apartment or on the premises. Sub-letting the apartment is strictly forbidden.

Upon leaving the apartment, the client must not leave the keys inside the apartment or in the keyhole inside the apartment, unless these were the instructions given by a member of Absolu Travel staff. If the services of a locksmith are necessary to open the apartment or recover lost keys, subsequent charges will be the responsibility of the client. In the event that an apartment key is lost or stolen, the client is responsible for the cost of changing the locks.

ARTICLE 14 : FINAL CLEANING

The client must ensure that the apartment is vacated in the same order and condition in which it was found upon arrival. Furniture and electrical connections must not be displaced or modified. If these guidelines are not respected, the client will be billed for final housekeeping services according to the rates and conditions applicable at the time of stay.

ARTICLE 15 : APARTMENT AVAILABILITY

If the reserved apartment is unavailable due to a technical problem or any other unforeseen circumstance, Absolu Travel reserves the right to substitute an apartment from the same price category.   While the appliances, layout, or decoration may differ from the original apartment, these are not considered adequate grounds for refusing the apartment.

If an apartment of the same price category is not available, Absolu Travel will offer one from a higher category for the same price, or one from a lower category (in which case the difference in rental price will be reimbursed for the duration of the stay). If downgraded to a lower price category, the client may refuse the apartment. However, under no circumstance does the client have the right to any additional indemnity beyond reimbursement.

ARTICLE 16 : TERMINATION

The agreement and general terms and conditions outlined herein represent the extent of the engagement between the client and Absolu Travel. By signing the agreement, the client acknowledges and agrees to these terms without reservation. The client also acknowledges that any violation of his/her obligations, notably those which concern commercial usage, payment and housekeeping responsibilities is sufficient grounds for immediate termination of this agreement. The client will be required to vacate the apartment immediately and without compensation. Absolu Travel also reserves the right to seek indemnity for any damage or losses incurred. In the event of contract violation, Absolu Travel reserves the right to prevent access to an apartment by any means. 

In the event of legal dispute, only French Law shall apply under the jurisdiction of Paris or jurisdiction of Nice for the apartments in Nice. Any translation of this or other contracts is provided for reference purposes only. Only the French version of this contract and all other documents and contracts shall be considered as legal. If a legal body rejects any clause of this contract, the remaining clauses remain valid.

ARTICLE 17 : TOLERANCE

It is formally agreed that all the tolerances on behalf of Absolu Travels relating to the clauses and conditions stated above which could be the frequency and the duration, will never be able, and in any case, being regarded as making a modification or suppression of the clauses and conditions nor like basis of an unspecified right. Absolu Travel will be able to always put an end to it after injunction remained in non-compliance for 2 days.

ARTICLE 18 : CLIENT INFORMATION

The client is recognizant and acknowledges the fact he/she has received the entire general information he should receive according to the law.

The agreement and general terms and conditions outlined represent the extent of the engagement between the client and Absolu Travel. By signing the agreement, the client acknowledges and agrees to these terms without reservation. In the event of legal dispute, only French Law shall apply under the jurisdiction of Paris or Nice for the apartments in Nice. Any translation of this or other contracts is provided for reference purposes only. Only the French version of this contract and all other documents and contracts shall be considered as authentic. If a legal body rejects any clause of this contract, the remaining clauses are unaffected.

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