TERMS OF SALE
Vision Luxe company
PREAMBLE
ARTICLE 1: Booking and Payment
ARTICLE 2: Transport
ARTICLE 3: Tourist tax
ARTICLE 4: Deposit
ARTICLE 5: Rules of the villa and apartment
ARTICLE 6: Inventory
ARTICLE 7: The responsibility of the SAS Vision Luxe
ARTICLE 8: The responsibility of the customer
ARTICLE 9: Loss, theft and damage
ARTICLE 10: Insurance
ARTICLE 11: optional Insurance
ARTICLE 12: Cancellation of booking by the company
ARTICLE 13: Cancellation of booking by the client
ARTICLE 14: Modification
ARTICLE 15: Time of arrival and departure
ARTICLE 16: Pictures
ARTICLE 17: Tobacco
ARTICLE 18: Animals
ARTICLE 19: Language
ARTICLE 20: Terms of use of the Internet
ARTICLE 21: The external service providers
ARTICLE 22: The Mini Bar
ARTICLE 23: Cleaning and linen
ARTICLE 24: Services
ARTICLE 25: Validity and modification of terms of sale
ARTICLE 26: Elected domicile
ARTICLE 27: Applicable law and dispute resolution
ARTICLE 28: Property damage insurance
PREAMBLE
The purpose of these terms of sale (hereinafter the "TOS") is to establish the respective obligations of the Luxe Vision company and the client in their contractual relations relating to the sale of individual stays.
In accordance with Article 1119 of the Civil Code, the TOS are transmitted to the Client with the conclusion of the contract binding it to the SAS VISION LUXE and accepted by him within said contract.
Each booking involves the full implementation by the customer and its full membership to the Terms of sale which prevail over any other document, unless prior written agreement with Vision Luxe company.
Vision Luxe Company reserves the right to modify these Terms of sale at any time. In this case, the applicable conditions are those in effect at the date of signing the contract.
These general conditions apply to all customers.
ARTICLE 1: Booking and Payment
An individual reservation can be firm and final only when the following documents are provided to the lessor by the client:
- return of the contract signed by VISION LUXE company and the client within 8 days after the mailing date of the contract by VISION LUXE company
- Payment within 8 days after the reception of the contract; made by a check or bank transfer or by credit card (a minimum of 50% of the price of the booking +various costs and / or optional in euros if the booking is made minimum 30 days before the arrival dates or the full payment of the total amount of the stay if the booking is made less than 30 days before the arrival dates).
In case of online reservation made on the website, it can be firm and final only in the following cumulative cases:
- Acceptance of the terms of sale of VISION LUXE Company by the client.
- Credit card payment the day of the booking (a minimum of 50% of the price of the booking + various costs and / or optional in euros if the booking is made minimum 30 days before the arrival dates or the full payment of the total amount of the stay if the booking is made less than 30 days before the arrival dates).
The refusal to provide the above items to VISION LUXE company will result in the outright cancellation of the reservation.
It is possible for you to extend the duration of your stay if the villa or apartment is not reserved and only with the written consent of VISION LUXE company.
The balance of the price of stay (50% of the amount in euros) must be paid the latest 30 days before arrival.
WARNING: after this time limit and if we have not received the payment of the balance, VISION LUXE company will consider your reservation as canceled and the rental period will be available again. The 50% of the deposit paid in euros on booking date will be permanently acquired by the VISION LUXE company.
If you book less than 30 days prior to arrival, the customer must pay the full price of the reservation.
The prices listed on the website and on the contracts are prices in euros, all taxes included. Payment methods accepted are checks (in euros payable to "VISION LUXE"), cash (Euros only) subject to the limit provided for in Articles L112-6 and D112-3 of the Monetary and Financial Code, bank transfers in euros (transfer fees remain the responsibility of the Customer) and credit cards (Visa and Master Card).
VISION LUXE Company is allowed to change prices at any time, except that the price on the contract will be the only one applicable to the Customer.
Rates are not contractual, indicative for your information and can be changed without any notice. They can vary according to the type of property and the time of year.
The prices will, if appropriate, increase if a price change is necessitated by the result of a change in tax regulations, including the raise of VAT rates.
The price includes:
- The check-in
- The cleaning
- Sheets and towels
- TV channels
- Internet
The price does not include:
- Transportation
- Food and drinks
- Activities
- Tourist taxes
For safety reasons, the number of people in accommodation will not exceed the number of people mentioned in the contract. Any additional person, not reported to the VISION LUXE company at the signing of the contract, will engender additional charges per person and per night and may be considered a reason to terminate the contract without refund.
ARTICLE 2 : Transport
VISION LUXE company is not responsible if the customer cannot reach the place of the rental villa or apartment regardless of the cause. No refunds will be made.
In case your transportation is cancelled due to force majeure (terrorist attack, volcano, war, civil war, natural disaster, etc. ..), the customer must return to his own insurance company if necessary.
ARTICLE 3 : Tourist tax
The tourist taxes, collected on behalf of the Tourist Office, are not included in the price of the stay
ARTICLE 4: Deposit
The amount of the deposit and terms depends on the rented property and are indicated in the contract binding the customer and VISION LUXE company. The deposit will be paid to VISION LUXE company by check or transfer the credit card information. The amount will not be cashed.
The days of taking possession of the property, the customer must give to VISION LUXE company the full amount of the deposit as written in the specific conditions.
This deposit will be refunded after the end of the stay, in the shortest possible time, and later, a month after the end of the stay. The deduction of amounts that may be due to VISION LUXE company either for cleaning costs, either to replace missing or damaged objects, either for the damage to the rented property, either for rental charges, etc.
The deposit shall in no case be deduced for the customer by VISION LUXE company to the prepayment of the rent.
The customer agrees to indemnify VISION LUXE company for the damage suffered if the bond was insufficient.
ARTICLE 5 : Inside rules
An inside rules is present in each apartment or villa. The Customer undertakes to read and respect it. Certain precautions may prevent the Customer from any inconvenience during his stay.
It is specified that the omissions of personal belongings inside an apartment or a villa during the check out could not engage the responsibility of SAS VISION LUXE.
If the personal items are found, the customer must cover all return postage expenses.
ARTICLE 6 : Inventory
The quality, the good general condition of the property and the level of equipment of the villas and apartments rented require the acceptance by the Customer of the principle of good faith and honesty.
Occupants must respect the places and behave reasonably like a "good father".
Upon arrival, the Customer must carry out the usual and compliance checks on the general condition of the leased property.
An inventory will be made available during the handing over of the keys. They will be considered valid if they are not disputed in writing with the SAS VISION LUXE within 24 hours after the handing over of the keys. The villa or apartment will be completely checked after the departure of the occupants.
ARTICLE 7: Responsibility of Vision Luxe Company
VISION LUXE Company must:
Deliver to the Customer property and furniture free from defects, in accordance with the description and the inventory; maintain the villa or the apartment in good rental condition; return the deposit, except to retain the amount that the Customer could be liable to him.
VISION LUXE Company cannot be held responsible for acts and actions committed by the Customer or one of the guests in the villa or apartment.
VISION LUXE company can not be held responsible for a temporary breakdown for the following services that would be beyond its control: electricity, water, gas or cable TV network.
The Company shall not be held responsible for the following: various accidents, injuries, death, loss, theft, all work sites, and various events from private or public authority in the direct neighborhood and sustained during the rental period in one of our villas or apartments, all additional expenses due to delays or changes in transportation, all indebtedness of the customer, weather condition, danger from the sea and the lake, fire, various strikes, acts of terrorism, natural disasters, civil unrest, war, epidemics or quarantine.
ARTICLE 8: The responsibility of the customer
The Customer obligation is:
• To use peacefully the booked property
• do nothing, by his fault or by someone living in the rented property fault, that can disturb the peace of neighbors or other occupants (noise, smells, smoke, etc…).
• to meet the expenses of the city and police which any lessee is required
• to refrain from throwing objects likely to block the drains and other plumbing fixtures, otherwise it will be liable for costs incurred for re-commissioning of the equipment
• to use equipment and materials left at his disposal in strict accordance with their term of use
• to respond to damage and losses during its occupation
• to support the urgent work which costs to the lessor witch appear during the rental period without being able to claim any reduction of rent or compensation
• to allow the owner to visit the leased rented during the lease, either for sale or for rent only after being warned twenty-four hours in advance
• to vacate the villa or apartment the last day of rental and return them in the state in which he took.
The customer is prohibited:
• To exercise any business, profession or industry
• To substitute any person whatsoever, or sublet, even for free, the leased premises without written agreement of the VISION LUXE Company;
• To introduce any animal without the written consent of the VISION LUXE Company
• To provide furniture and furnishings other than laundry and common objects needed for his stay;
• To change the arrangement of furniture and places;
• To move or exchange furniture and furnishings;
• To put anything on the walls
• To organize parties in the property.
Unacceptable behavior will result of immediate expulsion of customers from the property, without any financial compensation can be claimed.
The people renting villas or apartments use at their own risk elements available to them (spa, barbecue, plancha, etc. ...). Vision Luxe Company is not responsible for accidents or injuries incurred during their use.
All minors (under 18) are under the responsibility of accompanying adults. The access of minors to the spa and lake can only be done under the supervision and responsibility of parents. Swimming is not supervised.
Moreover, the activities that you might do in Vision Luxe property and with its equipment are under your responsibilities only. Vision Luxe company cannot be held responsible for any accidents.
For the personal safety of customers and respect for all, VISION LUXE Company forbids the entrance in the property of people offering illegal activities or illegal drugs.
ARTICLE 9: Loss, theft and damage
The client agrees to take care of furniture, household appliances, decorative objects, floors, walls, outdoor and all that can hold property.
The customer is responsible for any damage or loss caused by himself or one of his friends or family and will be obliged to pay back VISION LUXE Company.
The customer must give back the villa or apartment without any degradation. Furthermore, additional comfort material provided (towels, pillows, remote controls, hangers, drapery ...) must be fully returned.
VISION LUXE Company cannot be held responsible for loss, theft or damage of personal belongings in the villas and apartment and in parking lots. One safe is available in the villas and apartments.
The VISION LUXE Company is not assured for the personal belongings of their Lessee in case of theft, destruction, etc ... during his stay. The client must take the usual precautions (close windows, doors, etc ...) when he is not in the villa or apartment or during the night.
ARTICLE 10: Insurance
The Customer can be held responsible for any damages arising from his fact and he is required to be insured by a holiday insurance contract or a civil responsibility insurance contract for these risks. The Customer undertakes to provide this certificate to SAS VISION LUXE. This can be provided free of charge by the Customer's main residential insurer.
VISION LUXE Company will not be responsible if the Customer has not made the necessary arrangements.
ARTICLE 11 : Optional insurance
As part of a vacation rental, the Customer may contract one or more optional insurance such as cancellation insurance, tenant's liability (damage...), ...
For information only, the Customer may contact Gritchen company via his website and may consult the following links according to his needs for all rentals that the total amount is under 15 000€ : VISION LUXE
For all bookings that the total rental amount is between 15 000 € to 50 000€ the cancellation insurance subscription will be make on this link: VISION LUXE
If the Customer does not wish to take out a insurance covering the risks on the property of VISION LUXE, he undertakes to provide with the contract a certificate in civil liability or a standard insurance contract type, specifying the cover on said goods.
ARTICLE 12: Booking cancellation by the company
In the event of cancellation by VISION LUXE Company, the Customer will obtain the immediate refund of the amount already paid. The booking contract may be terminated automatically by VISION LUXE Company only in case of force majeure or any other cause beyond the control of the Company, causing the Customer to be unable to occupy the reserved property, without this may give rise to a payment of damages to the Customer.
If, in case of force majeure or any other cause not attributable to the Company, the accommodation can not be occupied, the Company may, if possible, offer the Client another accommodation of equal or greater quality. If it is impossible to offer the Client another accommodation of equal or superior quality, the contract will be terminated and will result in the reimbursement of the Client as specified above.
ARTICLE 13: Booking cancellation by the client
This contract may be canceled only by a written request sent by email or by post, made previously, validated and signed by VISION LUXE Company. The effective date of cancellation taken into account is the date when VISION LUXE Company receive your mail or your email.
A cancellation by you can be registered, if and only if it satisfies the following conditions:
- If a cancellation is registered more than 30 days prior to the arrival date and the period was not re-rented, Vision Luxe Company will retain the deposit paid in euros on booking, that it to say 30% of the total amount of the rental price.
- If a cancellation is registered less than 30 days prior to the arrival date and the period was not re-rented, Vision Luxe Company will retain the full rental price.
The company will do its best to rebook the canceled period. If the period is re-rented, the amounts paid by the Customer will be refunded.
No refund or compensation will be made in case of early departure of the house, except in the following cases:
• a family death
• a serious illness of the Client or a member of his family
• a natural disaster in France
• political unrest in France
• a disaster in the property
• maintenance issues that affect the ability to host the Customer
For any cancellation, please contact:
SAS Vision Luxe – 7 Route du Crêt des Vignes - 74290 Veyrier du lac- +33 (0) 6 26 49 77 51- alexandra@visionluxe.com
ARTICLE 14: Modification
In case if the customer request a change in the dates of his stay, VISION LUXE Company will consider the change of the booking dates as a cancellation if it has no opportunity to give satisfaction. Therefore, the procedure as indicated in Article 13 hereof will apply.
ARTICLE 15: Arrival and departure time
We ask you to send us an email or call us during the week before your arrival to tell us your approximate arrival time.
We will give you the keys from 5:00pm on arrival day. The keys must be given back at maximum 10:00am the day of departure. If it is not the case, an extra night will be charged.
The Customer will send an email or call during the week preceding his arrival to indicate his approximate time of arrival.
Key collection takes place from 5:00 pm on the day of arrival. They must be returned no later than 10:00 am on the day of departure. If this is not the case, an extra night will be charged.
In case of arrival of the Customer after 9:00pm the day of the check in, except if it justifies its delay by one of the following reasons:
• a family death
• a serious illness of the Client or a member of his family
• a natural disaster in the country
• Political unrest in the country
SAS VISION LUXE reserves the right to charge him extra charge of 50 euros on the total amount due to him.
ARTICLE 16: Pictures
The pictures shows on the website : www.visionluxe.com cannot be used without VISION LUXE company’s permission, under law penalty. Pictures are not contractual.
ARTICLE 17: Tobacco
Villas and apartment are non-smoking. According to French law, smoking is prohibited within the villas or apartments, in any rooms. The violation of this rule may result in the billing of an allowance corresponding to the amount of one night, as compensation for the impossibility of offering the villa or apartment for rent the following night, in accordance with the sanitation procedure.
ARTICLE 18: Animals
Pets are not desired in order not to disturb the peace of the place. If the Customer would like to be accompanied by its favorite animal, he will be fully responsible for disturbances and damage made by it. VISION LUXE company must be notified in advance of the arrival of animals.
Pets are welcome (dogs and cats only). To maintain the tranquility of the premises, they must be kept on a leash at all times so as not to disturb other residents. If guests wants to be accompanied by their pet(s), they will be held fully responsible for any disturbance or damage caused and must pay for any repairs. SAS Vision Luxe must be notified in advance of the arriva
ARTICLE 19: Language
The customer cannot require from VISION LUXE company to talk to him in another language than French and English.
ARTICLE 20: Charter of Internet use
Terms of Use
1. The user agrees not to use the WiFi service (whether free or paid) for illicit, prohibited or illegal purposes
2. As such, the user must observe, without this list being exhaustive, the following regulations regarding:
- The privacy of any person and to respect it;
- The code of the intellectual and artistic property;
- Automated processing of personal data;
- Compliance with the rules of public order in terms of information content;
- Secrecy of correspondence and the prohibition of interception of communications transmitted by means of telecommunications.
3. The user, through the use of the service, is also committed to:
- Do not harvest or collect information about others without their consent;
- Do not defame, broadcast, harass, stalk, threaten or violate the rights of others;
- Does not create a false identity;
- Do not attempt to gain unauthorized access to a service and / or a data and / or file;
- Not to release or allow to download all the software elements containers or other material protected by intellectual property rights, unless he holds such rights or have received all necessary consents;
- Not to send junk email and not carry out spamming;
- Do not send a message and / or email with offensive language, defamatory, obscene, indecent, unlawful or infringing any law, including human rights and the protection of minors;
- Does not transmit viruses, Trojan horses, logic bombs or other harmful or destructive program for third parties and / or other users;
- Do not attempt to gain unauthorized access to an automated data processing or to remain there;
- Not to disrupt services and / or content and / or data that are accessed;
4. VISION LUXE Company, at the request of third parties and / or any competent authority, reserves the right to switch off temporarily or permanently the use of the service without liability and cannot be sought without the user being able to demand any compensation or reparation.
5. Generally, in any case the owner cannot be required to repair any direct and / or indirect arising from the use of the service user, the latter recognizing that the VISION LUXE Company cannot be responsible for the content accessed by users and that access to content and services is not guaranteed and may be suspended without notice.
ARTICLE 21: The external service providers
The concierge service of VISION LUXE Company can be solicited by the Customer to be put in contact with external service providers who will provide the desired services. It is specified that the services not delivered by the VISION LUXE Company during the stay are the exclusive responsibility of the external service providers in charge of their organization and with which the Client will have concluded live.
The accommodation rates of VISION LUXE Company do not include optional services.
ARTICLE 22: The Mini Bar
Vision Luxe company is offering you in some villas a mini bar with wine. Rates are written in books that clients will found in the concerned villas.
For any consumption during the stay, the billing will be paid at the latest at the departure of the Customer.
ARTICLE 23: Housekeeping and linen
The property reserved by the Customer will be delivered in perfect condition with a set of towels for each person and tea towels, sheets and pillowcases.
In the presence of a baby, the Customer will have to bring his own linen.
It is specified that the washing, wiping, and storage of the dishes are not included in the cleaning service and are the responsibility of the Customer for the duration of his stay, until his departure.
If you want a housekeeping service or a change of linen during your stay, this service is available upon request (optional).
For the rentals in Corsica, a end of stay cleaning deposit will be asked. It will be given back at the end of the stay if the villa or studio is left clean and tidy otherwise, if it is not the case, it will be kept.
If the dishes are not cleaned, wiped and stored, a sum of up to 100 euros for the villas and 50 euros for the apartments will be deducted from the deposit depending on the extent of the work.
The cleaning at the end of the stay provided in the contract will be executed entirely if the rental is available (room tidy, a minimum of cleanliness and easy access to our housekeeping team ...).
In case of blatant deterioration or a state of cleanliness of the property requiring cleaning beyond the reasonable, overtime may be charged and deducted on the deposit.
For rentals in Corsica, a cleaning deposit will be requested from the Customer. It will be returned the day of departure if the property has been left clean and tidy. Otherwise, it will be cashed.
ARTICLE 24 : Service
Services may vary depending of the type of accommodation. The customer agrees, by signing the contract and therefore accepting the terms of sale, to pay for services used during his stay before leaving the residence.
ARTICLE 25: Validity and modification of terms of sale
These terms of sale are effective from the 20th of September 2018 until their next modification.
By definition, the conditions that apply during the Customer's stay are those that prevail at the time of signing the contract and accepted by the Customer upon conclusion of the reservation contract.
ARTICLE 26: Address for service
For the execution of all obligations under this contract, there will be solidarity and indivisibility between the parties above referred to as lessee, among the heirs or representatives of lessee on death (subject to section 802 civil Code). The signatory parties hereby make such an address, VISION LUXE Compant at his home, the Customer in his home.
ARTICLE 27: Applicable law and dispute resolution
Booking one of the residences offered by SAS VISION LUXE implies full acceptance of these general terms and conditions of sale.
In the event of a dispute, the Client may seek an amicable settlement by writing to SAS VISION LUXE. Should the dispute remain unresolved or if the Client receives no response to their claim, they may refer the matter free of charge to the Consumer Mediator with whom SAS VISION LUXE is affiliated: the Association des Médiateurs Européens (AME CONSO).
Referral to the Consumer Mediator must be made either:
- By completing the dedicated form on the AME CONSO website: www.mediationconso-ame.com;
- Or by mail addressed to: AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
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The Client may submit this referral within the prescribed period—specifically, a maximum of one year—via the internet or by post, by completing the form provided on the website and attaching all supporting documents.
The AME CONSO Consumer Mediation entity will acknowledge receipt of the referral. The appointed mediator will have three weeks to rule on the admissibility of the request and three months to complete the mission, except in the case of complex files where an extension may be granted.
Simultaneously, and in the event of a dispute that is not settled amicably, SAS VISION LUXE may file a legal appeal with the Commercial Court of Annecy, in the French language, which is declared to have sole jurisdiction. These general terms and conditions of sale are governed by French law.
In the event of non-payment by the due dates or failure to comply with any clause of this agreement, and eight days after a formal notice has remained unsuccessful, SAS VISION LUXE may demand the immediate termination of the contract with the Client. If necessary, the eviction of the Client will take place via a summary order from the Judge in Chambers (Juge des Référés). Legal costs shall be borne by the Client. Unpaid rent shall bear interest at the legal rate for the period from the due date to the date of actual payment.
ARTICLE 28: Property damage insurance
YOUR POLICY SUBSCRIPTION N°.RCS20213431
REGULATED BY THE FRENCH INSURANCE CODE
The purpose of this policy is to issue the guarantees stipulated herein under to short-term lease-takers for all leased property located in France.
LEASE-TAKER / INSURED
Any physical person or legal entity, acting as a tenant, of French or other nationality, leasing furnished property over a short term.
The following are deemed insureds: the lease-taker, his or her spouse (including acknowledged partner or person subject to a PACS civil union), as well as all other persons (with no kinship ties) designated in the registration form for this policy and who benefits from the said lease.
SHORT-TERM LEASE: Lease lasting less than 6 months premises for which the insured is not the owner nor tenant with an annual lease.
PREMISES: Residential house, apartment, hotel room, caravan, mobile home.
INSURER: Le contrat est souscrit par l’intermédiaire de Groupe Special Lines pour le compte de Groupama Rhône-Alpes Auvergne 50 rue de Saint-Cyr - 69251 Lyon cedex 09 - N° de SIRET 779 838 366 000 28, Entreprise régie par le Code des Assurances et soumise à l’Autorité de Contrôle Prudentiel et de Résolution, 4 Place de Budapest - CS 92459 - 75436 Paris Cedex 09.
BROKER: Gritchen Affinity, broker, distributor and contract manager, under the trade name ADAR – Simplified joint stock company with share capital of €10,260, registered in the Bourges Trade and Companies Register under number 529 150 542, with its registered office at 27 rue Charles Durand – 18000 Bourges - VAT No.: FR78529150542 - Insurance brokerage company with no exclusivity obligation (list of partner insurance companies available on request) subject to supervision by the ACPR, Autorité de Contrôle Prudentiel et de Résolution (Prudential Control and Resolution Authority), 4 place de Budapest - CS 92459 - 75436 Paris Cedex 09 and registered with ORIAS in the Insurance Broker category under number 11061317 (www.orias.fr) - Professional Civil Liability and Financial Guarantee in accordance with Articles L 512-6 and L 512-7 of the Insurance Code
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CLAIMS MANAGEMENT www
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For modern and rapid claims management :
Please log on to the website:
www.declare.fr
You can send us your supporting documents and track the progress of your claim.
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GUARANTEE APPLICATION
Eligibility for ADAR-RL guarantees is applicable in signing the short-term lease agreement and in paying the ADAR-RL premium stipulated in the said agreement for which the rent stated in the lease agreement is used as the basis for compensation.
The guarantee automatically ceases upon departure from the premises by the insured or at the date at which the trip is interrupted upon handing over the keys to a representative of the authorised intermediary.
OCCUPYING TENANT LIABILITY GUARANTEE FOR PROPERTY DAMAGE:
The insurer must cover:
a) Tenancy liability
Following fire, explosion, water damage or frost arising in the premises, the financial consequences of the liability incurred by tenants or occupants pursuant to articles 1732 to 1735 and 1302 of the French Civil Code for damage caused to fixed and movable property belonging to the owner of the leased accommodation, assessors' fees and travel and replacement cost as well as costs for ensuring new accommodation made necessary following a covered claim.
By extension, the above cover is valid for accidental damage caused by the insured to moveable property belonging to the occupant of the rented property, in his capacity as tenant thereof, having sub-let with his landlord’s permission.
The insurer also provides cover for the financial consequences, loss of rent or privation of use by the owner. This guarantee applies to the extent of EUR 500,000 irrespective of the type of damage.
b) Recourse by neighbours and third parties
Following fire, explosion, water damage or frost arising in the premises, the financial consequences and liability incurred by tenants or occupants pursuant to articles 1240, 1241 and 1242 of the French Civil Code for all property damage caused to neighbours and third parties and for which the lease liability guarantee applies.
This guarantee applies to the extent of EUR 450,000 irrespective of the type of damage.
c) Property damage liability
Other accidental damage incurred to movable property listed in the inventory and located in the leased accommodation and other fixtures belonging to the owner of the leased accommodation. This guarantee applies to the extent of EUR 4 000€ less the fixed-rate deductible of EUR 75.
EXCLUSIONS
The following are excluded from the guarantees stipulated herein above:
1-General exclusions
- Damage arising directly or indirectly from:
- an intentional or fraudulent act committed by the Insured
- a state of war (foreign or civil)
- events qualified as a natural catastrophe (damage arising from volcanic eruptions, earthquakes, action by the sea, tidal waves, landslides and other events of a catastrophic nature unless said events are declared "natural catastrophes")
- a nuclear risk (damage of a nuclear origin or caused by any radioactive source)
- Any claim originating prior to the date of subscription of this contract
Epidemics and/or pandemics and/or illnesses of viral and/or bacterial origin recognized by the French authorities at stage 2 or 3 and/or recognized in phase 4 by the WHO or that are declared by the WHO to constitute a public health emergency of international concern leading to the implementation, in any State concerned by the Insured person's activities, of national or local compulsory and restrictive measures related to the movement of persons and/or the organization of shows or events with a live audience and/or actions concerning property and persons taken as part of the above health measures.
Atypical pneumopathy and/or the influenza virus A-H1N1 and/or avian influenza and/or severe acute respiratory syndrome.
The epidemic referred to as Covid 19, an illness related to the SARS-COV-2 virus as well as any illness caused by coronaviruses and their possible mutation(s)
2- Exclusions applicable to the Occupant Liability guarantee
- All damages for rent not located in France
- Any damage, theft or disappearance of the Rental company's goods,
- The theft or disappearance of the owner's furniture,
- House cleaning expenses,
- All damage not incurring the liability of the Insured
- All damages concerning rentals whereby the amount exceeds the rent defined in the preamble.
- All damage to the insured property
- Damage arising from intentional deterioration, cigarette burns or any other smoker's articles
- Damage caused by household pets in the custody of the insured
- All damage caused by humidity, condensation, mist, smoke
- Breakdowns of appliances made available to the insured
- Damage caused to lamps, fuses, electronic tubes, cathode ray tubes, semi-conductor crystals, resistors and heated covers
Costs for repairs, unblocking or replacing conduits, tabs and fitted appliances in plumbing and heating facilities
- Theft of objects stored in courtyards, on patios and in gardens
- Theft of objects stored in common areas made available to multiple tenants and occupants except in the event of break-ins
- Theft or loss of keys to the premises
- Damage incurred whilst enclosed premises in which insured items are stored are occupied in full by third parties other than the tenant, the tenant's representatives or persons authorised by the tenant
- Damage arising from usage or utilisation not in compliance with the lease agreement
- Consequences of contractual undertakings insofar as they exceed the consequences by which the beneficiary is legally bound
HOW TO OBTAIN COMPENSATION
You must first inform your letting agency by registered letter of any event which may apply the policy's guarantees from the day on which you become aware of such and within five days of the event. You must send GRITCHEN AFFINITY (after confirmation by your letting agency) all the documentary proof required to process your claim: acknowledgement of liability by the occupying tenant and/or incoming and outgoing inventory of fixtures and/or a picture of the furniture/property damaged, copy of the lease agreement, estimate or invoice for the repair, etc.)
Reimbursement requests must be submitted on the website: www.declare.fr or sent by email to: sinistres@gritchen.fr or by post to: Gritchen Affinity Sinistre 27 Rue Charles Durand – CS70139 18021 Bourges Cedex
Do not forget to include your full address, telephone details and e-mail address, name of your letting agency, our lease reference number and the start and end dates of your stay.
LIMITATION PERIOD
In accordance with articles L 114-1 to L 114-3 of the Insurance Code, all legal actions arising from an insurance contract shall be barred two years as from the event that gave rise thereto. However, said time limit shall run:
- in the event of non-disclosure, omission, fraudulent representation or misrepresentation of the risk incurred, only as from the date on which the insurer is aware thereof;
- in the event of loss, only as from the date the concerned parties are aware thereof, if they prove that they were unaware of such facts up till then.
The limitation period shall be interrupted by one of the ordinary causes that interrupt the limitation period i.e.:
- a service of process, even for interim relief, an order to pay or a seizure, on the person whom one wishes to prevent from limiting, in accordance with articles 2241 to 2244 of the Civil Code;
- any unequivocal acknowledgement by the Insurer of the Policyholder/Beneficiary's right, or any acknowledgement of debt by the Policyholder/Beneficiary to the Insurer in accordance with article 2240 of the Civil Code;
- a service of process or enforcement measure against a joint and several debtor, any acknowledgement by the Insurer of the Policyholder/Beneficiary's right or any acknowledgement of debt by one of the joint and several debtors interrupts the limitation period with respect to all co-debtors and their heirs, in accordance with article 2245 of the Civil Code;
- by the appointment of an expert following a loss or by the insurer or Policyholder/Beneficiary sending the other party a registered letter with acknowledgement of receipt.
As an exception to article 2254 of the Civil Code, and in accordance with article L114-3 of the Insurance Code, the parties to the insurance contract cannot, even by mutual agreement, either modify the duration of the limitation period or add causes for the suspension or interruption of this period.
SUBROGATION
As authorised by article L 121-12 of the Insurance Code, the Insurer may take action against the person who, by their acts, caused the damage in order to obtain reimbursement of the amount of the compensation paid to the Policyholder/Beneficiary.
COMPLAINT BY THE BENEFICIARY
In the event of the Policyholder/Beneficiary making a complaint, the Policyholder/Beneficiary must indicate their name, contract number and the claim reference and send their request to:
- by email to: reclamations@gritchen.fr
- by post to: GRITCHEN AFFINITY - Complaints Department - 27 rue Charles Durand - 18000 BOURGES
If the answer provided is not satisfactory, the Policyholder/Beneficiary can send a complaint to the "Complaints" department of Groupe Special Lines:
- By post:
Groupe Special Lines
Service Réclamations
6-8 rue Jean Jaurès
92800 PUTEAUX
- By email:
Reclamations@groupespeciallines.fr
If the answer to the complaint remains unsatisfactory, the Policyholder may contact the "Complaints" department of Groupama Rhône-Alpes Auvergne:
- By post:
Groupama Rhône-Alpes Auvergne
Service Consommateurs
TSA 70019 – 69252 LYON CEDEX 09
- By email:
Service-consommateurs@groupama-ra.com
Finally, if the disagreement persists regarding the position or the proposed solution, the Policyholder can avail of Insurance Mediation:
- By post: CMAP – Service Médiation de la consommation, 39 avenue Franklin Roosevelt, 75008 Paris.
- Online email on the dedicated formulary on line, on www.cmap.fr/consommateurs
PERSONAL DATA PROTECTION POLICY (GENERAL DATA PROTECTION REGULATION)
For the purpose of the Contract or the insurance relationship, the Rental company, the Broker and/or the Insurer are required to collect personal data from the Policyholder/Beneficiary. These data are processed in compliance with regulations in force and in particular the rights of persons.
The rights of the Policyholder/Beneficiary
In accordance with the Law, the Policyholder/Beneficiary has rights:
The right to be informed of the information held by the Broker and the Insurer and to request that this information be supplemented or corrected (access and rectification rights).
The right to request that their data be deleted or usage thereof restricted (rights to delete or restrict data).
The right to object to the use of their data, in particular as regards direct marketing (right to object).
The right to retrieve the data they personally provided for the performance of their contract or for which they gave their agreement (right to data portability).
The right to provide instructions as to the storage, deletion and communication of their data after their death.
Why are personal data collected?
The data collected in the different insurance contract subscription or management phases are required for the following purposes:
- Entering into, managing, performing insurance contracts
The purposes of collecting data when entering into, managing and performing contracts concerning the Policyholder/Beneficiary are as follows:
- Study insurance needs in order to offer contracts suited to each person's circumstances
- Examine, accept, control and oversee the risk
- Manage the contracts (from the pre-contractual phase to termination of the contract), and honour contract guarantees,
- Customer management
- Seek redress and manage claims and disputes
- Draw up statistics and actuarial reports
- Put preventive actions in place
- Comply with statutory or regulatory obligations
- Carry out research and development activities in the course of the life of the contract
If a contract is entered into, the data are stored for the duration of the contract or the claims until expiry of legal limitation periods.
- Fight against insurance fraud
The Insurer, who has an obligation to protect the mutual interests of insured persons and avoid making unjustified payments, has a legitimate interest in combatting fraud.
Therefore, personal data may be used to prevent, detect and manage fraud, whomsoever the perpetrator thereof may be. These fraud combat arrangements may result in persons presenting a risk of fraud from being placed on a list.
ALFA (the agency for the fight against insurance fraud) may be sent data for this purpose.
The persons are also informed that ALFA pools and shares car insurance contract data and data on claims submitted to insurers in order to combat fraud. The rights concerning these data may be exercised at any time by sending a letter to ALFA, 1, rue Jules Lefebvre – 75431 Paris Cedex 09.
Data processed for the purpose of combatting fraud are kept for 5 years at most from the date the fraud file is closed. In the event of legal proceedings, the data will be kept until the end of the action, and expiry of applicable limitation periods.
Persons on a list of presumed fraudsters, will be removed from said list 5 years after being first listed.
- The fight against money-laundering and the financing of terrorism
To satisfy its obligations under the Law, the Insurer operates surveillance systems to fight against money-laundering, the financing of terrorism and to enable financial sanctions to be enforced.
The data used for this purpose are kept for 5 years from the date the account is closed or the relationship with the insurer is terminated. Data on transactions performed by persons are kept for 5 years from the date they are performed including if the account is closed or the relationship with the insurer is terminated.
TRACFIN may be the recipient of information to this end.
In accordance with the Monetary and Financial Code, the right to access these data is exercised with the CNIL (French data protection authority) (see cnil.fr).
Transfers of information outside the European Union:
The personal data are processed within the European Union. However, data may be transferred to countries outside the European Union, in compliance with data protection rules and with the appropriate safeguards (e.g.: standard contractual clauses of the European Commission, countries presenting a data protection level acknowledged to be adequate…)..
These transfers may be made in the course of performing the contracts, when combatting fraud, complying with legal or regulatory obligations, managing actions or litigation enabling the Insurer to acknowledge, exercise or defend its rights before the courts or for the purpose of defending the rights of data subjects. Certain data, strictly necessary to implement assistance services, may be sent outside the European Union in the interest of the data subject or to protect human life.
Who receives this information?
Personal data are sent to the following within the limit of their functions,
- the services of the Insurer bearing the risk or in charge of business relations and contract management, the fight against fraud or money laundering and the financing of terrorism, audit and control.
- This information may also be communicated, when necessary, to our re-insurers, intermediaries, partners and sub-contractors, as well as to organizations who may be involved in insurance activities, such as public bodies or supervisory authorities, or industry bodies (including ALFA for the purpose of combatting fraud and TRACFIN to combat money laundering and the financing of terrorism).
Information concerning your health is exclusively intended for the medical advisors of the Insurer or other entities in the Group, the medical department or specifically authorised persons within or outside the company (in particular our medical experts).
How does the Policyholder/Beneficiary exercise their rights?
The Policyholder/Beneficiary can exercise their rights by contacting:
- The Broker by email: conformite@gritchen.fr accompanying the request with the above-mentioned elements.
- The Insurer, by email: contactdpo@groupespeciallines.fr and/or contactDPO@groupama.com accompanying the request with the above-mentioned elements.
In the event that the Policyholder/Beneficiary is not satisfied with the answers provided, they may also submit a complaint to a supervisory authority (in France this is CNIL 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07. Tel: 01 53 73 22 22).
