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 :
- MRB, a simplified joint stock company with a share capital of 15,000 euros, registered with the Nanterre Trade and Companies Register under number 825008014, who’s registered oﬃce is located at 9 rue des Longs-Prés, 92100 Boulogne Billancourt, France, intra-community VAT number 87825008014, hereinafter referred to as “COLIVYS
- and any person making a purchase or a reservation on the site colivys.com, referred to below as “the Client” or “you”, “your”, “yours”, whether they use these services
- the latter are collectively referred to as “the Parties”.
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 agreement, access to modern furniture and equipment, hand delivery of keys, access to energy supplies: electricity, gas, water; internet access, home insurance policy, invitations to Colivys events, free arrival kit, duvet, sheet and pillows provided, customer service Monday to Friday 9am to 6pm, check in and out Monday to Friday 9am to 6pm.
The prestige booking formula includes : instant booking, a personalized lease agreement, access to modern furniture and equipment, hand delivery of keys, access to energy supplies: electricity, gas, water ; Internet access, home insurance, invitations to Colivys events, free arrival kit, duvet and pillows, provision of towels and bed linen, first shopping basket (food and sanitary basket), check in or check out possible at extended hours between 8.00 am and 9.00 am and from 6.00 pm to 8.00 pm on weekdays and at weekends from 10.00 am to 5.00 pm (if the check in is done at these extended hours, the check-out will be done at the same hours as the standard formula and vice versa), processing of requests within 24 hours, customer service available from Monday to Friday from 9.00 am to 6.00 pm
The all-inclusive booking formula includes: instant booking, a personalized lease agreement, access to modern furniture and equipment, hand delivery of keys, access to energy supplies: electricity, gas, water; Internet access, home insurance, invitations to Colivys events, a free arrival kit, a duvet and pillows, bath towels and bed linen, a gourmet basket on arrival, customer service from Monday to Friday from 9am to 6pm, check-in or check-out possible between 8am and 9am and from 6pm to 10pm on weekdays and at weekends between 9am and 10am and from 5pm to 8pm (if check-in is carried out at these extended times, check-out will be carried out at the same times as the standard formula and vice versa), concierge service, a guided tour of the neighborhood, processing of requests within 24 hours, pick-up by a private driver on arrival at the train station or the airport, administrative assistance (opening a bank account and telephone package).
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 9am 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 5 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:
Cleaning of private areas and ironing: The Customer may request Colivys to clean their private areas or iron their clothes.
The client must apply to Colivys at least 8 days before the date of the service and pay the cleaning fee in advance.
The rate for these services is 19 euros per hour. The Client undertakes to provide the service provider who will be doing the cleaning with all the necessary cleaning products at his own expense. The Customer may use the hoover, ironing board and iron provided by Colivys.
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.
Extended check-in: The Client may check in at extended hours. This option is subject to a charge of 50 euros for any check-in on weekdays between 8am and 9am and between 6pm and 8pm and on weekends between 10am and 5pm; and 70 euros for any check-in between 8pm and 10pm on weekdays and between 9am and 10am on weekends or between 5pm and 8pm on weekends.
Towel kit: When the Client chooses a standard package, he/she can purchase a new towel kit as an option, for a price of 30 euros.
This option is included in the prestige and all-inclusive packages
Sheet set: When the Client chooses a standard package, he/she can purchase a new sheet set from Colivys at a price of 45 euros.
This option is included in the prestige and all-inclusive packages.
Your first shopping: When the Client chooses a standard package, he/she can purchase a shopping basket as an option, at a price of 50 euros.
This basket is made up of food and a few necessities that will allow the Client to feed himself upon arrival, for example: pasta, orange juice, cereals, coﬀee, toilet paper, washing-up liquid, etc. This option is included in the prestige and all-inclusive packages.
Gourmet basket: When the Client chooses a standard or prestige package, he/she can purchase a gourmet basket as an option, at a price of 100 euros.
In addition to basic foodstuﬀs and products, this basket is composed of foodstuﬀs of superior quality or for pleasure, for example
a bottle of wine, smoked salmon, chocolate…….. This option is included in the all-inclusive package.
Extended check-out. The customer can check out at extended hours. This option is subject to a charge of 50 euros for any check-out on weekdays between 8am and 9am and between 6pm and 8pm and on weekends between 10am and 5pm; and 70 euros for any check-out between 8pm and 10pm on weekdays and between 9am and 10am on weekends or between 5pm and 8pm on weekends. In any case, the check-out appointment must be made at least 5 days before the date and the purchase of this option must be specified to Colivys at least 7 days in advance.
Private Driver Pick-up: When choosing a Standard or Prestige package, the Client may request Colivys to provide a private driver to drive them from the train station or airport to their accommodation for a fee of 75 Euros. This option is included in the all-inclusive package.
Administrative assistance: When the Client chooses a standard or prestige package, he/she can ask Colivys to assist him/her in opening a bank account in France, opening a mobile phone line, and setting up a file with the Caisse d’Allocations Familiales for a fee of 200 euros.
This option is included in the all-inclusive package.
Duo Option: If the Client wishes to accommodate a second person in their private area, they must request this from Colivys who are entitled to refuse. If Colivys accepts this option, the Client will be charged 20% of the monthly rental price each month.
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.
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.
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…)
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