Generals conditions of sales
Article 1 | LEGAL SYSTEM OF THE CONTRACT
This contract is subject to the regulations concerning serviced accommodation or tourist accommodation. This lease is for temporary accommodation. The premises may not be used as a main or secondary residence. The lessee may not undertake any commercial, craft or professional activity in the premises. The lessee may not invoke the legal provisions applicable to the leasing of accommodation, and in particular with respect to the maintenance of the premises. Consequently, the contract shall be governed by the provisions of Civil Code and by the terms and conditions set forth in this document.
Article 2 | BOOKINGS
Bookings for apartments at Best Western Park Hotel are only valid after written confirmation from Capival Gestion, the residence’s operating company. Confirmation of clients’ bookings by Capival Gestion remains entirely at the latter’sdiscretion. Bookings must be guaranteed by a valid credit card issued by a reputable organisation for a booking to be firmed.
Article 3 | BOOKING GUARANTEES
Capival Gestion reserves the right to establish pre-authorisation to guarantee your booking or to make a request for part payment for long stays. The aforementioned part payment shall correspond to:
- 1 night for stays of less than 7 nights,
- 30% of the total amount of the stay for stays of longer than 6 nights.
For stays longer than 29 nights, payment must be made 3 weeks before your arrival. After this deadline, the booking will be cancelled. Group bookings, that is to say bookings involving more than 10 accommodation facilities reserved by the same entity for the same period, are subject to special group booking conditions. Different conditions may be applied for promotional price rates. In this case, the special terms mentioned in the detailed price rate on the booking page will prevail over the above conditions.
Article 4 | PAYMENT TERMS
Invoices must be paid immediately upon presentation. Capival Gestion will ask the customer to pay for the whole of his stay on the day he arrives, except in the case of stays of more than 30 nights, in which case invoices will be issued and presented monthly and are payable in advance. If it has been agreed that a third party shall pay for a stay by a lessee, the lessee occupying the accommodation shall remain jointly and severally responsible for the payment in question. Payment for all optional services shall be required upon presentation of the correspondinginvoice. The credit limit accepted by Capival Gestion for this type of service is €200. Capival Gestion shall be entitledto monthly interest of 1.5 times the statutory rate in force on any amount outstanding on the date it is due to be paid. In the event of a balance remaining unpaid on the date on which the lessee departs, Capival Gestion reservesthe right to debit the lessee’s credit card to the value of the remaining amount due.
Article 5 | PRICE
Prices are shown in euros and are for a continuous stay. They include all taxes and are for the provision of the accommodation alone. They do not include visitors’ taxes or optional services.
Article 6 | CHILDREN POLICY
Additional beds and cots (up to 3 years of age) are free for children up to 12 years of age. Breakfast is free forchildren up to 5 years of age. The children’s breakfast price is €5 for children from 5 to 12 years of age.
Article 7 | SECURITY DEPOSIT
For stays of longer than 29 nights, lessees shall pay a security deposit of 700 Euros in the form of a certified cheque (not cashed) or credit card debit pre-authorisation upon their arrival, when the keys are handed over. Once the keys are returned, in the absence of any observed damage and after additional services consumed on-site have been paid for, the security deposit shall be immediately and fully returned. Failing this, the security deposit shall be returned after the cost of repairs following damage, of replacing missing items and of cleaning the premises hasbeen deducted, at the latest within 60 days following the lessee’s departure.
Article 8 | CHANGES TO THE LENGTH OF STAY
The length of stay is that set out in the confirmation of the reservation or the offer of accommodation. Provided there is availability, and at the discretion of Capival Gestion, the length of stay may be extended, without any obligation to continue to provide the same apartment or the same price, and settlement for the new period is made in advance. If an extension to the period of stay is accepted and a new price is applicable, this price shall apply from the original date of arrival. In the event of early departure, the applicable price shall be that corresponding to the shortened duration and shall apply with effect from the date of arrival. In the event of early departure, the lessee is requested to notify the hotel of the new date of departure at least 24 hours in advance. Failure to comply with this period of notice may result in a cancellation fee of payment for one night, depending on circumstances.
Article 9 | CANCELLATION / NO-SHOW
Capival Gestion must be notified of any cancellation in writing. The effective date of a cancellation in writing shall be the date on which the company receives it.
If the stay is shorter than 29 nights:
For any cancellation received before 3 pm (local time of the residence) on the day before the planned arrival date no cancellation fee will be payable. For any cancellation received after 3 PM on the day before the planned date ofarrival, the cancellation fee will be equal to one night’s stay.
If the stay is longer than 29 nights*:
- For any cancellation received prior to 7 days before the arrival, no cancellation fee will be payable.
- In case of cancellations received less than 6 days before the planned arrival date the cancellation fee will amount of 30% of the total amount of the stay.
* However, in case of stays of longer than 29 nights, the amount of the stay taken as the base of the calculation will be an amount equivalent to 1 month.
In the event of no cancellation, failure to arrive shall be deemed to be a ‘no show’ and shall be subject to the feesspecified above. The credit card left as a guarantee will be debited in accordance with the terms and conditions above. Capival Gestion reserves the right to take steps to recover the sums concerned by all legal means in all circumstances.
Article 10 | ARRIVAL AND DEPARTURE
They must be returned before 10 am on the day of departure.
For all late departures between 10 am and 3 pm, 50% of the displayed public price rate for 1 night in the apartment occupied will be invoiced. After 3 pm, 100% of the displayed public price rate for 1 night in the apartment occupied will be invoiced.
Article 11 | OBLIGATIONS OF THE LESSEE
The apartment shall be made available to the lessee in good repair. The lessee shall use the leased premises and their facilities in a prudent and responsible manner and shall behave with due consideration for the other residents. He shall comply with the following regulations for occupancy: A maximum of 2 occupants for a room (studio) and a maximum of 4 occupants for a suite (2 rooms). The lessee undertakes to maintain the fixtures and fittings provided for him in the apartment in good condition and will report any fault or malfunction to reception. The lessee undertakes not to indicate the hotel as being his address, either for tax or professional purposes, nor to loan or sublet the apartment to a third party on any grounds whatsoever. Each apartment contains an inventory. The lessee must check that it is accurate as soon as he arrives and point out any defects, missing or damaged items to reception, if necessary, within 24 hours of arrival. Capival Gestion will check the inventory and cleanliness of the apartment
BEST WESTERN PARK HOTEL GENEVE THOIRY 185 Avenue du Mont-Blanc - 01710 Thoiry
Tél. +33 (0) 450 99 50 00 - Fax: +33 (0) 450 99 50 01 - Email: CAPIVAL GESTION SAS – Capital de 37 000 € RCS LYON : 493 265 458 TVA INTRACOM : 82 493 265 458
when the lessee departs, and he will be invoiced for any damage caused to the apartment or for any missing items. Capival Gestion reserves the right to enter the leased premises for maintenance or security purposes.
Article 12 | RESPONSIBILITY
Capival Gestion shall not be liable for any theft, loss or damage to personal effects in the apartments, common areas, car parks and other outbuildings or annexes of the hotel, and for deposits left in the safe at reception. As this contract for accommodation is subject to the regulations for serviced or tourist hotels, the provisions of articles 1952 and following of the Civil Code relating to hotels do not apply.
Article 13 | AFTER SALES
Our on-site teams are at your disposal during your stay to respond to your comments, to resolve any problems reported and to enable you to enjoy your stay to the full. Any complaint must be sent by registered letter with acknowledgement of receipt addressed to Capival Gestion 185 Avenue du Mont Blanc 01710 Thoiry
Article 14 | CHANGES TO SERVICES
If circumstances so require, and only in the event of a force majeure event beyond its control, Capival Gestion may be required to change the services it provides, in whole or in part, in respect of the accommodation and additional services such as breakfast. Any services not provided will not be invoiced but no compensation may be requested.
Article 15 | TERMINATION - PENALTY - NON-RENEWAL
The contract will be terminated automatically, without formal notice or delay, in the event of the lessee failing to fulfil any of his obligations or of any inappropriate behaviour likely to disturb the stay of other occupants. The lessee must leave the premises immediately and may be evicted if necessary with the assistance of the police.
Article 16 | JURISDICTION OF COURTS
Only the commercial court of the département shall have jurisdiction.