General terms and conditions of sale

1. Object :

The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential Client of the terms and conditions under which Colivys rents accommodation and sells booking formulas and, on the other hand, to define the rights and obligations of the parties in the context of the reservation of accommodation and the sale of booking formulas by Colivys.

They apply without restriction or reservation to all transactions organised by Colivys and offered via its website www.colivys.com

They apply to the relationship between :

These terms and conditions constitute a binding agreement between the parties. In the absence of acceptance of these Terms and Conditions, the User may not continue to use the Site, nor may he/she have access to its content. In the event of any inconsistency between these Terms and your contracts, the latter shall prevail. Use of the Site or Services in violation of these Terms is subject to civil and criminal penalties.

2. Changes to content

Colivys may change, delete, or add content, options or features to its site and may change its services and these terms at any time without notice. All content is therefore published without warranty (to the extent permitted by applicable law).

Colivys will update the date of each change in the header of these terms and conditions.

The Parties agree that their relationship shall be governed exclusively by these terms and conditions of sale until they sign a lease.

These conditions may be subject to change. It is therefore understood that the applicable conditions are those in force on the site at the time the order is placed on the site.

3. GENERAL PRESENTATION OF THE BOOKING FORMULAS AND OPTIONS

Colivys offers three categories of booking formulas.

The Client chooses the booking formula at the time of booking the accommodation or simultaneously with the conclusion of the lease agreement where circumstances so require.

The booking formula is to be paid for in a single payment regardless of the duration of the lease, by any means agreed between the parties.

The purchase of the package can be made via the website or in person with a member of Colivys staff.

3.i. The booking formulas

3.i.a – Services proposed

The standard booking formula includes: instant booking, a personalized lease contract, modern furniture and equipment, hand-delivered keys, access to energy supplies: electricity, gas, water; internet access, home insurance policy, invitations to Colivys events, free arrival kit, comforter, draw sheet and pillows, customer service from Monday to Friday, 9:30 am to 6:00 pm (excluding public holidays). A check-in and check-out service according to the standard times defined below.

Check-in and check-out times for standard reservations are as follows:

The prestige reservation package includes: instant reservation, a personalized lease contract, modern furniture and equipment, hand-delivered keys, access to energy supplies : electricity, gas, water; internet access, home insurance policy, invitations to Colivys events, free arrival kit, comforter and pillows, bath towels and bed linen, first shopping basket (food and sanitary basket), 24-hour processing of requests, customer service Monday to Friday, 9:30 am to 6:00 pm excluding public holidays; Choice of check-in or check-out service at extended hours (if check-in is performed at extended hours, check-out will be performed at standard hours and vice versa).

Check-in and check-out times for the prestige reservation package are as follows:

The all-inclusive booking formula includes: instant booking, a personalized lease contract, modern furniture and equipment, hand-delivered keys, access to energy supplies: electricity, gas, water; internet access, home insurance, invitations to Colivys events, free arrival kit, comforter and pillows, towels and bed linen, gourmet basket on arrival, Customer service from Monday to Friday, 9:30 am to 6:00 pm (excluding public holidays), concierge service, guided tour of the area, 24-hour turnaround on requests, private chauffeur service on arrival at train station or airport, administrative assistance (opening of bank account and telephone package). Choice of check-in or check-out service at extended times (if check-in is at extended times, check-out will be at standard times, and vice versa).

Check-in and check-out times for all-inclusive bookings are as follows:

In any case, unless agreed otherwise by customer service, check-in cannot take place before 2:00 pm on the day the lease takes effect, and check-out cannot take place after 11:00 am on the day the lease ends. The extended opening hours offered in the booking formulas and options also apply in this respect. In other words, customers who have taken out the check-in+ or check-in++ option (late check-in or weekend check-in) will not be able to move in before 2:00 p.m. on the day the lease takes effect. These options therefore only apply from that day. Similarly, customers who have subscribed to the check-out+ or check-out++ option (late hours or weekend check-out) will not be able to leave the premises after the lease end date at 11:00 a.m., and these options apply to dates prior to the lease end date. In other words, extended check-out times do not apply to dates after the 11:00am end-of-lease date.

3.i.b – Glossary of services

Instant booking: The Client can make a booking request for their accommodation in a few clicks on the website or via the form sent by email. Once the information has been completed, the supporting documents have been sent and validated by Colivys and payment for the chosen booking formula has been made, the reservation request is validated. MRB then has 5 working days to validate or refuse the request. MRB does not have to justify its decision.

After this period of 5 working days, the absence of a response from Colivys will be considered as validation. In the event of refusal, Colivys will have a period of 10 working days following its reply to reimburse the Customer.

A personalized lease agreement: Colivys draws up individual leases for its Clients. This means that each occupant of the same property will have their own lease agreement with their own specific conditions. He will not be bound by the lease contract concluded by his co-tenants and will not be, in principle, jointly and severally liable with them, except in the case of joint and several liability for common areas, energy and internet consumption and taxes, as indicated in the lease contract.

Provision of modern furniture and equipment: Colivys furnishes and equips all its flats. An inventory of fixtures and fittings is drawn up on arrival and departure. MRB takes care to provide the furniture necessary for the installation but does not guarantee exhaustive equipment.

For example, the kitchen is furnished and equipped with crockery, dishes, kitchen linen in reasonable quantities and according to the number of potential tenants, household appliances but obviously does not include all the possible utensils and small appliances. For example: there is a microwave oven but no toaster.

Handover of keys: Colivys will arrange for one of its agents to hand over the keys to the new arrival at the agreed time.

Access to energy and internet supply: Colivys takes out the access contracts and pays the advance for the consumption of electricity, gas or other forms of heating, water, and internet. Colivys asks each tenant for a provision of 30 euros per month for the payment of these consumptions. In the event of an overrun at the time of the inventory of fixtures at the end of the contract, or during the contract, the outgoing tenant will be asked to pay an additional amount.

Subscribing to a home insurance policy: Please note that this insurance does not include civil liability insurance, which each occupant must take out personally.

Customer service from Monday to Friday from 9:30am to 6pm: the Colivys team does its best to respond to its customers during these opening hours.

Arrival kit: Colivys offers its clients a small welcome gift (such as shampoo, soap, shopping bag, city guide, etc.)

The provision of a duvet cover and pillows: Each bed is provided with a duvet cover and two pillows, except in the case of a single bed (one pillow).

Check-in and check-out: the check-out appointment must be arranged 7 days in advance.

3.ii   The options

Depending on the booking formula chosen, the Customer may choose additional paying options for whose rates vary according to the package chosen.

These options are as follows:

The occupants of a dwelling may also, by mutual agreement, approach Colivys to request the cleaning of the common areas under the same conditions of price and time as mentioned above. In any event, the household covered by this option is not intended to make up for the lack of hygiene and maintenance of the occupants.

4) CANCELLATION OF THE CONTRACT BEFORE THE EFFECTIVE DATE OF THE LEASE :

In accordance with the law (art L121-20-4 paragraph 2 of the Consumer Code) the right of withdrawal of 14 days (Hamon law of 2014) is not applicable to contracts having as object the provision of services and reservation of accommodation.

However, if the Client has chosen the prestige booking formula, he may cancel his reservation up to 30 days before the initially planned arrival date. A sum corresponding to 25% of the booking formula will be retained.

If the Client has chosen the all-inclusive booking formula, he may cancel his reservation up to 10 days before the date of arrival initially planned. A sum corresponding to 15% of the price of the booking formula will be retained.

Apart from these cases, the booking formula, rent and charges previously paid are not refundable in the event of cancellation.

If the Client wishes to cancel the Reservation after the departure date of the Lease, the termination clause of the Lease shall apply.

5)   PRICES

The price of the booking formulas is freely determined by Colivys who reserves the right to vary the prices according to the periods concerned by the reservation.

The prices applied are displayed on the website.

6)  RESERVATION PROCEDURE AND FORMATION OF THE CONTRACT

All reservations imply the Client’s unreserved acceptance of these general terms and conditions of sale.

To book an accommodation, the Client must log on to his/her Client account, fill in a booking form and choose and pay for a booking formula.

The Client must check all the information entered during the booking process such as his/her identity, the accommodation and dates desired, the prices displayed, etc. He/ she must also send the supporting documents that make up his/her file as well as those of his/her guarantor, if applicable.

Finally, he/she must pay for the booking formula and any options subscribed to.

At the time of the Reservation, by paying for the chosen booking formula, the Client undertakes to enter into a subletting contract for the occupation of the accommodation concerned with Colivys, and undertakes to respect the conditions and obligations arising from this contract. In particular, the Client acknowledges that he/she meets the conditions of eligibility for subletting and undertakes to provide the necessary documents to complete his/her file within 24 hours, failing which Colivys may cancel the reservation.

There is no right of withdrawal in this respect.

Once the information has been completed, the supporting documents have been sent to Colivys and the payment for the service has been made, Colivys will either approve or reject the request. Colivys does not have to give reasons for its decision.

In the event of validation, Colivys will send a lease agreement to the Customer and a deed of guarantee to the Customer’s guarantor, if any. These documents are to be signed electronically; it being specified that the contractual information is presented in French. A translated version in English is available on request but has no legal value and is only for the Client’s understanding of these documents. Colivys may then ask the Customer to sign a direct debit mandate.

If the Client refuses to do so, Colivys will reimburse the Client for the booking formula and options purchased.

The booking of the accommodation is only considered firm and definitive after confirmation of the order by Colivys.

The electronic registers, kept in the computer systems of Colivys under reasonable security conditions, will be considered as proof of communications, reservations and payments between the parties. Reservations and invoices will be archived by Colivys on any medium of its choice which may be produced as proof.

If the sub-lease contract for which the Client has made a reservation is not finally signed between the parties, the price of the booking formula will be retained by Colivys in accordance with the following terms and conditions set out in Article B “Cancellation of Contract”. The amount and the services included in the booking formula may vary depending on the package, the period and the city chosen.

7)   PROCESSING OF THE RESERVATION

Reservations are processed in the order in which they are received. Colivys undertakes to process all bookings, subject to availability.

If multiple bookings are made simultaneously by multiple Clients for the same product for the same periods, Colivys will use its best endeavors to find an alternative solution for the Client or refund any payments made by them.

8)  SIGNING THE LEASE AGREEMENT REMOTELY

The lease agreement is usually signed electronically, but in exceptional cases it may be signed manually.

The inventory of fixtures at the beginning and end of the rental period can be done and signed manually or electronically on the Zoho Creator application.

9)  ACCOMMODATION ADVERTISEMENTS

 Colivys provides a complete description of the accommodation offered: location, price, surface area, characteristics, equipment, furnishings, etc.

with photos and plans when these exist. However, these descriptions have no contractual value, as this information may change, according to the period chosen or the equipment or furniture, which may be replaced by objects deemed equivalent by Colivys, for example.

10)   TAXES

 All taxes related to the dwelling, such as council tax or public broadcasting tax, are payable by the Customer. Only the household waste tax will be payable by Colivys.

11)   SECURITY DEPOSIT

 Each lease requires the payment by the Customer of a security deposit, otherwise known as a “deposit”. Colivys reserves the right to refuse access to the accommodation to the Client until the security deposit has been paid and in the event of refusal to pay the security deposit, the reservation may be considered as cancelled by Colivys.

At the end of the rental period, Colivys is free to withhold any amount owed to it by the Client from the amount of the deposit.

12 ) LIABILITY

The rules of liability are as follows:

With respect to the consumer, Colivys is liable by operation of law except in the event of a breach attributable to the consumer himself, or due to an unforeseeable and insurmountable event of a third party to the contract, or in the event of force majeure.

About the non-consumer, the latter shall assume all risks resulting from his access to and use of the website, the content services and his reservation of accommodation.

The liability of Colivys arising from the use or inability to use the website, the services or the booking of accommodation is limited and shall in no circumstances exceed the amounts paid by the Customer or for which the Customer is liable, this amount being limited to the basis of one year’s backlog.

13)   ENTIRE AGREEMENT

These Conditions constitute the entire agreement except for additional conditions (sub-lease, inventory, joint tenants’ charter…)

14)   ASSIGNMENT

 The agreement governed by these Terms is not assignable without the prior written consent of Colivys. However, Colivys may freely assign or transfer the agreement governed by these Terms.

15)   LANGUAGE AND APPLICABLE LAW

The applicable law is French.

French law is applicable to both formal and substantive rules.

16)   COMPETENT JURISDICTION

The competent courts are the French courts according to the rules of territorial jurisdiction and attribution of French law.

The renunciation of a right or a provision of the present contract will be effective only if it is the object of a written document signed by COLIVYS.

Thus, the fact of not taking advantage of a right or a provision does not imply renunciation.

No waiver, express or implied, by either party of any term or condition or any breach by the other of any provision of this Agreement shall constitute a waiver of any such term or condition.

No waiver, express or implied, by either party of any term or condition or any breach by the other of any provision of this Agreement shall constitute a waiver of any breach of the same or any other provision/term of this Agreement.

17)   THIRD PARTY BENEFICIARY

These Terms of Use do not confer and are not intended to confer any rights or remedies upon any person other than the parties.

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9 rue des Longs Prés
92100 Boulogne-Billancourt

Ph. 01 78 76 16 72
[email protected]

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