OLAM PROPERTIES - CANNES-LOCATION.COM
GENERAL TERMS OF SALES AND CONDITIONS
LEGAL NOTICE
Site Editor:
The Internet site accessible at the address www.cannes-location.com is designed and published by the company OLAM PROPERTIES, a simplified joint-stock company, with a capital of 5,000 euros, registered with the RCS of Cannes under number 834 142 366 and whose registered office is located at 16 Rue de Constantine - 06400 CANNES (hereinafter referred to as "the Company") and whose intra-community VAT number is as follows: FR61834142366
You can contact the Company by email at: contact@olamproperties.com or by phone at: 00 33 4 89 02 49 99
The publication director is Michaël ASSOULINE.
The Company is a real estate agent holding the property management card:
Professional real estate agent card n ° CPI 0605 2018 000 023 452 issued by the Alpes-Maritimes prefecture
The financial guarantee of the Company has been subscribed to SOCAF under the member number: SP 31 479.
Professional liability insurance is taken out with SAA 26 avenue de Suffren 75015 Paris (the insurer is MMA IARD Assurances Mutuelles, 14 Boulevard Marie et Alexandre Oyon, 72030 LE MANS Cedex 9)
Site host:
The www.cannes-location.com website is hosted by BookingSync SAS, whose head office is located at Les Chazals, 05100 NEVACHE, FRANCE (www.bookingsync.com).
ARTICLE 1: OBJECT
The Company offers on the website www.cannes-location.com (hereinafter the "Site") a full range of services (the "Services") specially designed to meet the needs of people wishing to rent goods for short periods (the “Tenants”), vacations, congresses, trade fairs…, goods which are made available to them by the owners (the “Owners”).
Tenants are hereinafter referred to as "Users" or "Tenants".
"Landlords" include people who own their property as well as tenants with a lease who wish to sublet their property.
The order (hereinafter the "Order") of the Services offered by the Company to Site Users implies unreserved acceptance of these General Conditions of Sale (hereinafter "GTC") by the Users, through a checkbox. Users therefore declare and acknowledge having read these GTCs and accept them without reservation.
The Services are exclusively reserved for persons legally capable of signing contracts under French law.
The latest version of the GTC applicable to the Order is communicated in PDF format when the Order is taken into account by the Company by sending a confirmation email to the User.
The GTCs are regularly updated. The applicable GTCs are those in force on the Site on the date of placing the Order. Users will be kept informed of changes to the GTCs by any means.
ARTICLE 2 - THE SERVICES OFFERED BY THE COMPANY OLAM PROPERTIES / CANNES LOCATION TO TENANTS
The company offers the following Services to Tenants:
1. Hotel services:
• Final cleaning: the price of this Service is billed according to the size of the rental property (within the limit of a given area): the amount of the services is indicated on the Site.
2.Rent of linen packs for the duration of the stay
This Service corresponds to the provision, for the duration of the stay, of:
2 flat sheets, 2 pillowcases, 1 bath sheets, 1 hand towel, 1 bath mat, 1 tea towel.
The price of a linen kit is included in the rental.
Reservation of this Service is possible up to 24 hours before the arrival date. Within twenty-four hours of arrival, the User is invited to contact the Company by telephone.
The Service must be paid before the Tenant's arrival date or, failing this, at the time of the order.
If all or part of the Service has not already been paid, the balance will be paid at the time of Check-out.
3. Provision of a maid
If the User chooses this Service, the Company provides him with a maid who comes every day to maintain the rented property (storage, cleaning, beds made). This Service also includes a bathroom kit (shampoo, soap, etc.), which is restocked daily by the maid. The price of this Service is indicated on the Site.
Reservation of this Service is possible up to 48 hours before the arrival date. Within forty-eight hours of arrival, the User is invited to contact the Company by telephone.
The User agrees that the maid can perform the service with or without her presence on the premises.
The Service must be paid before the Tenant's arrival date or, failing this, at the time of the Order.
If all or part of the Service has not already been paid, the balance will be paid at the time of Check-out.
4. Airport transfer
The Company offers Users the provision of vehicles for transfers to or from airports. The price of this Service depends on the number of people, the timetable, the number of journeys and luggage and is indicated on the Site.
Reservation of this Service is possible up to 48 hours before the arrival date. Within forty-eight hours of arrival, the User is invited to contact the Company by telephone.
The Service must be paid before the Tenant's arrival date or, failing this, at the time of Order.
If all or part of the Service has not already been paid, the balance will be paid at the time of Check-out.
ARTICLE 3 - OPERATION OF THE SITE - PROCESSING OF THE RESERVATION
The User has access to a description of the property offered for rental with the:
• photos of the rented property;
• dates of stay;
• location;
• equipment of the leased property.
The User can choose on the Site the property he wishes to rent as well as the dates of rental of the property and the number of people who will occupy it. He will then see the availability of the property, the price for the period chosen, and the amount to be paid to make the reservation. After clicking on the "Book" icon, it will fill in the tenant’s first and last names, email, phone number, and country. He may add the comments of his choice to the attention of the Company and subscribe to additional Services as indicated above.
After completing the form, the User will have to pay online a deposit of 50% of the rental amount of the rented property for the Company to confirm his reservation. The balance must be paid by transfer no later than 2 (two) months before the date of arrival in the rented property. If the reservation is made by the User within 2 (two) months from the date of arrival, the User must pay the full price of the Services.
After accepting these GTCS and clicking on the "Validate with payment obligation" button, the User will choose from 3 types of credit cards (CB, Visa, or Mastercard). He will then be redirected to the payment platform in order to finalize his payment by entering his credit card number, his expatriation date, and his visual cryptogram, and by clicking on the "Validate" button.
As soon as the payment has been validated by the Olam Properties payment gateway, the Company will send a confirmation email to the User summarizing their Order.
The validation of the Order will be worth conclusion of the sales contract between the Company and the User, thus authorizing the debit of the amount of the Order and will bind the parties irrevocably.
Orders placed by the User are therefore firm and irrevocable, and are subject to these Terms.
Following the validation of the User's Order placed on the Site, the Order will be taken over by the Company. The contracts concluded on the Site are archived for a period of ten years when the amount of the Order exceeds one hundred and twenty euros.
ARTICLE 4 - PRICES AND PAYMENT
4.1. PRICE
The sale prices of the Services appearing on the Site are indicated in Euros, all taxes included, it being understood that the Orders are invoiced at the prices in force when the Order is registered.
The sale prices of the Services can be modified at any time and the modification will then be reported on the Site to the User before validation of any Order. The prices applied will be those mentioned in the Order.
4.2 PAYMENT METHODS
The Company holds the professional property management card, as well as a financial guarantee; which allows him to collect money on behalf of the Owner.
Payment for the Order on the Site is made exclusively in euros at the time of the Order and is made by credit card (Visa, Mastercard, e-CB).
The Company guarantees the confidentiality and security of the User's banking data.
The Company reserves the right to cancel any Order whose payment has not been received within seventy-two (72) hours from the date of validation of the Order.
The balance is to be paid by bank transfer to the management account of the Company. The costs of international transfers are the responsibility of the Tenant and may be billed to the Tenant.
The Company also reserves the right to cancel any User Order with which there is a dispute relating to the payment of a previous Order.
4.3 DEPOSIT AND ADDITIONAL SERVICES
The Company holds the professional property management card, as well as a financial guarantee; which allows him to collect money on behalf of the Owner.
Between one (1) week and three (3) days preceding the arrival of the User in the rented property, the Company will contact the User by phone or email to debit the amount of the deposit by borrowing a credit card using the portable payment terminal (hereinafter a "POS") as well as the price of the Additional Services subscribed by the User as set out in article 2 above. These Services may also be paid for by bank transfer. To this end, the Company will communicate its bank details to the User.
ARTICLE 5 - GENERAL OBLIGATIONS OF USERS
The User undertakes not to publish any notice or comment which would be disparaging, insulting, defamatory, discriminating, illegal against the Company and the Services that the Company offers, on any means of communication and in particular on blogs and / or social networks.
In the absence of compliance with this clause, the Company reserves the right to unilaterally terminate the GTCS and to initiate any civil and / or criminal action against the User.
The User also undertakes to abstain:
• to use the Website in any illegal manner, for any illegal purpose or in any way incompatible with these GTCS and all applicable laws and regulations;
• to use the Website for the distribution, hosting, processing, propagation, storage or management of offensive, defamatory, harassing, defamatory, obscene, pornographic or threatening documents, or any false or misleading documents, or invading the privacy of others;
• pretending to be any other person or entity, or falsely indicating or presenting inaccurately his affiliation to a person or entity;
• to collect all personal data from other Site Users for all purposes;
• intentionally or unintentionally forgetting to provide their exact and current contact details;
• send and publish commercial communications without authorization on the Site;
• to intimidate and / or harass other Users;
• obtain information concerning Users or the content they publish;
• access the Site using automated methods (such as robots, spiders, etc.) without the permission of the Company;
• attempt to gain unauthorized access to the Site's computer system or to engage in any activity that disrupts, reduces the quality or interferes with performance or degrades the functionality of the Site;
• use the Site for improper purposes by voluntarily introducing viruses or any other malicious program into it and attempting to gain unauthorized access to the Website;
• damage the reputation of the Company and / or the Services provided by the Company, on any means of communication.
The Company reserves the right to stop providing all or part of the Services at any time for any reason whatsoever, in particular if the Company has reasonable grounds to believe that these GTCS have been violated and / or that the User creates a legal or judicial risk against the Company.
In addition, the User undertakes to comply with the provisions of these GTCS and to provide the Company with all the necessary information and all the assistance necessary for the provision of the Services subscribed by them on the Site. They undertake in particular to:
• to peacefully use the rented property, its equipment and the furnishings, in accordance with the destination of the first. As such, the User agrees not to transform the premises, equipment and real estate subject to the rental;
• to maintain the rented property in good state of maintenance and to meet all the obligations of roads and police, in particular with regard to hygiene and noise, olfactory and visual nuisances;
• not to rent, assign, make the rented property available free of charge.
Failing to return the accommodation in perfect state of cleanliness, that is to say in a state of dirtiness and unhealthiness requiring much more than normal cleaning for the Company, additional costs may be invoiced to the User.
If the amount is covered by the deposit, the costs caused by the delivery of the order will be taken from it.
5.2 OBLIGATIONS OF THE COMPANY
Upon receipt of a confirmation of reservation or validated Order, the Company undertakes to provide the Services ordered as defined on the Site at the time of validation of the Order by the User.
The Company will not be held responsible for all missions not specifically listed on the Site.
ARTICLE 6 - RESPONSIBILITY
Responsibility of the Company
The Company is an intermediary which allows, via the Site it publishes, the provision of Services to Users. The Company is responsible for only direct damage suffered by them, with the exception of indirect damage as defined by the jurisprudence of French courts.
Limitations of Company Liability
The Company cannot be held responsible for the non-performance of the GTC in the event of force majeure as defined by the case law of French courts, and in the event of non-execution or poor performance of the GTC attributable to the User or the unforeseeable fact. and insurmountable by a third party.
The Site may contain links to other sites not edited or controlled by the Company which cannot be held responsible for the operation, the content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or Services provided by a third person, cannot and must not be interpreted as an express or tacit endorsement by the Company of these sites and these elements nor of their content.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, products and other information disseminated on these websites.
User Responsibility
The Company is third party concerning the contractual relations between the Owners, the Tenants and the platforms on which their goods are offered for rental. Tenants undertake in particular to comply with the General Conditions of Sale applicable to the use of these platforms.
Finally, Users are solely responsible for their Internet connection and before any use of the Site, they must ensure that they have the technical and IT resources enabling them to order the Services and that their browser allows secure access to the Site.
Users must also ensure that the computer configuration of the material / equipment used to place the Order is in good working order and does not contain any viruses.
It is expressly stipulated that the Company cannot in any case be held responsible, in any way whatsoever, in the event that the users' computer equipment or electronic mail rejects, for example due to anti-spam, emails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order and the email for tracking the shipment.
Users are fully aware of the provisions of this article and in particular the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
ARTICLE 7 - CANCELLATION AND RIGHT OF WITHDRAWAL
7.1 CONDITIONS OF CANCELLATION OF A RESERVATION
At any time, the User has the possibility of partially or entirely canceling an Order and the Service (s) ordered. The conditions for canceling a Reserved Service are as follows:
• In the event of cancellation by the Tenant two (2) months before the date of arrival in the rented property, the Company retains the 50% deposit paid on booking and reimburses any other sums already received.
• In the event of cancellation within less than two (2) months, the Company retains 100% of the amounts collected.
• In the event of cancellation by the Company which will inform the User thereof by any means enabling it to obtain an acknowledgment of receipt, all of the sums collected will be refunded to the User. The User can also choose to obtain a stay in a substitute good or a stay in another period.
7.2 RIGHT OF WITHDRAWAL
In accordance with article L.121-21-18 al.12 of the Consumer Code which provides that:
“The right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period ”.
The User is informed that he does not have a right of withdrawal under this article.
ARTICLE 8 - INTELLECTUAL PROPERTY
All the elements of this Site and the Site itself, are protected by copyright, trademark law, and / or any other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
The Olam Properties name and brand, logos, stylized letters, figurative marks, and all the signs represented on this Site are and will remain the exclusive property of the Company.
No title or right whatsoever on any element or software will be obtained by downloading or copying elements from this Site.
It is strictly forbidden for the User to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more than modify or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
The Company grants the User a non-exclusive license to use the Site.
This license is strictly personal and cannot in any case be assigned or transferred to any third party. The license is granted for the duration of use of the Site.
Any other use constitutes counterfeiting and sanctioned under Intellectual Property law without the prior authorization of the Company.
ARTICLE 9 - ASSIGNMENT
The User may assign the contract subject to prior information from the Company and provided that the assignee User meets the same conditions for the stay in the rented property.
The User must inform the Company by registered letter with acknowledgment of receipt no later than seven days before the start of the stay in the rented property.
The new and the old User are jointly and severally liable for the payment of the balance of the price of the Services as well as the additional costs which could be occasioned by this transfer.
ARTICLE 10 - APPLICABLE LAW - JURISDICTION
Any difficulty arising from the interpretation and / or execution of these conditions will be subject to the appreciation of the competent French courts, the only applicable laws being French laws.
The User must inform the Company by registered letter with acknowledgment of receipt.
The Parties agree to submit, in the event of a dispute likely to arise during the interpretation and / or execution of these or in relation to this Site and / or any Order and / or attempt to Order by its intermediary, to a conventional mediation procedure or any other alternative method of settling their disputes.
Failing amicable settlement of the dispute, the competent court is that designated by the Code of Civil Procedure.
ARTICLE 11 - LANGUAGE
These GTC are written in French. Translation into other languages can be provided for information. In case of contradiction, only the French version will prevail between the parties.
ARTICLE 12 - NULLITY
In the event that a provision of these GTC is declared void, all other provisions of these GTC will remain in force.
ARTICLE 13 - CONTACT
To contact the company's customer service, the User can:
• Send a letter to the Company
• Send an email to the following address: contact@olamproperties.com
• Call Monday to Friday from 9 a.m. to 12 p.m. and from 2 p.m. to 6 p.m. at the following number: 04 89 02 49 99
These GTCs are current as of November 22, 2019.
