The site www.beauvallonservices.com is designed and edited by the company OENOPLANET, SARL with capital of € 5,000 registered with the RCS of Fréjus under number 791 211 337 and whose head office is located at 14 boulevard de la Suane, 83 310 GRIMAUD
Publishing directors: Cécile Commecy / Philippe Caillon
The site www.beauvallonservices.com is hosted by WIX.
TERMS OF SALES
1. GENERAL CONDITIONS
BEAUVALLON SERVICES (RCS FREJUS 791 211 337, hereinafter referred to as “Beauvallon Services”) offers various services to private owners for the short-term rentals of their property known as “seasonal rentals”.
These services include in particular the creation or improvement of an advertisement on websites specializing in short-term rentals, the handing over of the keys to the tenants, the cleaning when leaving the accommodation and the collection of the tenant's payment on behalf of the tenant. owner.
Beauvallon Services acts as an intermediary on behalf of the owner in the provision of his property and cannot be considered as a real estate agency.
For the purposes of these General Conditions, as well as the Special Conditions, the terms used will have the meaning defined in article 20. Definitions.
The contractual documents constituting the Contract are:
these General Conditions
the Special Conditions where applicable, in the form of an amendment
In the event of disagreement, ambiguity or contradiction between the terms of these various contractual documents, the terms of the Special Conditions shall prevail.
The purpose of this contract is to define the terms and conditions under which the parties intend to organize their collaboration for the services described below.
4.DESCRIPTION OF SERVICES
The services described below may be modified, in whole or in part, by amendment. The Special Conditions indicate in particular, where applicable, the precise characteristics of the service (s) agreed between Beauvallon Services and the customer.
Beauvallon Services offers its assistance to guests, within the framework of the seasonal rentals that they carry out or intend to carry out via platforms on the Internet, in particular in:
taking photographs of the accommodation
the creation and / or optimization of one or more advertisements relating to a hosting offer with the platforms
the choice and optimization of the price for each period
upstream communication with prospects and travelers in place of the host according to the guidelines discussed during the prior interview and in conjunction with the latter if necessary
acceptance and / or refusal of rental requests according to the guidelines discussed with the host
organization of travelers' stay (reception, check-in and check-out)
providing services related to accommodation (cleaning, laundry, replacement of basic necessities).
5.CONDITIONS NECESSARY FOR THE PROPER EXECUTION OF SERVICES
The host agrees that the accommodation is completely free and able to be rented to travelers on the dates indicated during the prior interview or subsequent updates. This includes the implementation of a cleaning of funds before the rental season, the maintenance of the garden and the swimming pool, at the expense of the host.
This can be taken care of by the host with his usual staff or delegated to Beauvallon Services, calling on his cleaning teams, gardeners, swimming pool specialists according to a number of hours and a budget defined upstream according to the size of the lodge. 'accommodation. The subsequent households between rentals are taken care of by Beauvallon Services.
This is extremely important in order to collect positive feedback on platforms which systematically ask travelers to judge the cleanliness of the accommodation and reserve the right to refuse the posting of accommodation that does not meet the standards.
The host also undertakes to give Beauvallon Services, upon acceptance of these General Conditions, a number of 2 sets of accommodation keys, namely:
- 1 set of keys for Beauvallon Services and the cleaning service provider
- 1 set of keys for the traveler (s)
Beauvallon Services will return to the host, once the services have been performed or in the event of termination of the contract, the 2 sets of keys given to him.
Unless specifically provided for in the Special Conditions, and by default, the host must make available in the accommodation:
- 1 household product reserve kit allowing the carrying out of the cleaning services provided for in article 4 hereof as well as providing the tenants with the minimum necessary: sponges, window products, kitchen and bathroom cleaners, floor cleaner, laundry, reserve vacuum cleaner bags (Beauvallon Services is responsible, if necessary, for the ad hoc replenishment of household products, re-invoiced to the host in the monthly invoice),
- 2 to 3 complete sets of household linen per bed, ideally white (Beauvallon Services reserves the right to charge the owner for a rental of linen if the linen provided is insufficient or does not meet cleanliness standards at the time of delivery of the the house as it is able to be rented),
- 2 to 3 sets of towels (bath and hand) per traveler,
- 2 to 3 bath mats per bathroom,
- 2 to 3 sets of 3 clean dish towels for the kitchen.
The number of 3 allows you to have 1 set in place in the house, 1 set ready for the next rental and 1 set for cleaning.
6 STATE OF PLAY AND INVENTORY
An inventory of the Accommodation, as well as an inventory of the objects and their operating condition, will be provided by the host, upon acceptance by the latter of these General Conditions. This will be reviewed by Beauvallon Services in a contradictory manner.
7. SCOPE OF THE SERVICES
Beauvallon Services is bound by an obligation of means within the framework of the execution of the contract and is only intended to assist the hosts as an intermediary within the framework of the operations of reservation and temporary rental of their accommodation within the framework of the relations. with platforms and with prospects or travelers.
The host remains in all cases the sole decision-maker and responsible for the choice of both his travelers and the price, duration and possible recurrence of the rental of his accommodation.
Beauvallon Services cannot under any circumstances be sought in the event of the absence of a reservation and / or rental of accommodation.
More generally, the host remains solely responsible for the consequences of any contract he concludes with travelers. By contract it is understood here any acceptance of reservation via the platforms, carried out by Beauvallon Services on behalf of the host (for practical reasons and the need for reactivity, simple verbal agreement, text or e-mail from the host to Beauvallon Services).
Beauvallon Services will in no case be held responsible for any damage, direct or indirect, resulting from the execution of the contract and which it will not be demonstrated that they are attributable to Beauvallon Services.
8.DECLARATIONS BY THE PARTIES
Each Party further declares that it is legally and operationally able to sign and execute these presents. In the event of joint ownership of the accommodation, the host must ensure the agreement of the other joint owners.
More specifically, the host declares to have all rights to offer accommodation for short-term rental.
The host also declares to be fully in order with all prescriptions, regulations or legislation, legal, fiscal and / or insurance in particular, applicable to his situation (and in particular with regard to the obligations relating to short-term rentals).
The host expressly agrees to check with the insurer of his accommodation that he has satisfactory insurance coverage to proceed with a seasonal rental.
Beauvallon Services declares that it ensures that tenants are covered by resort insurance during their stay in the host's accommodation.
In addition, the host remains the sole decision maker of the maximum number of travelers he decides to accommodate in his accommodation, this being indicated during the preliminary interview.
9.OBLIGATIONS AND COOPERATION OF THE PARTIES
As part of the services referred to herein, a common approach must be put in place and the permanent exchange of information must make it possible to avoid the generation of incidents detrimental to the interests of both parties.
Beauvallon Services undertakes to provide all reasonable efforts to provide the most efficient services possible and in particular to respond as quickly as possible to requests from the host and to inquiries from prospects interested in hosting.
Beauvallon Services undertakes to make all necessary efforts to promote the property on all relevant channels, in particular platforms (Airbnb, Abritel, etc.), the site www.beauvallonservices.com .
The host accepts that Beauvallon Services distributes the photos of the property to be promoted on any media deemed useful for this promotion, in particular the site www.beauvallonservices.com and the pages of social networks.
The amount of compensation is calculated in proportion to the sums received by the host for reservations for which Beauvallon Services provided its services.
It is 20% excluding tax of the gross rents received by the host.
A variation of this percentage will be considered via special conditions for certain cases, in particular for very short durations (2-3 nights).
Beauvallon Services will send by e-mail at the end of the month the invoice for the remuneration due for the services provided during the past month.
The host must pay the invoice sent to him upon receipt and at the latest within 10 days of its issue.
Any delay in payment, of all or part of an amount due on its due date, will conventionally bear interest in its favor at the legal interest rate then in force.
If Beauvallon Services were to entrust the recovery of its debt to a third party, the host would be liable, in addition to this late interest and without prejudice to the other rights of Beauvallon Services, for the reimbursement of costs and fees incurred.
Likewise, Beauvallon Services may automatically suspend all current services, regardless of their nature and level of progress in the event of late payment, until full payment.
11. DURATION OF THE CONTRACT
This contract comes into force on the day of signature hereof and will last for the duration of one year.
Unless denounced to the other Party by registered letter with acknowledgment of receipt or by e-mail with acknowledgment of receipt (for which the recipient of the e-mail agrees to agree to give an acknowledgment of receipt / reading or to acknowledge receipt by separate e-mail within 24 hours), sent at the latest 1 month before the end of the contract, it will be tacitly renewed for new periods of one year, renewable indefinitely by tacit agreement.
In the event of a contractual breach by one of the parties of an essential obligation under the contract, not repaired within 30 days of sending a formal notice by e-mail with acknowledgment of receipt, ( for which the recipient of the e-mail agrees to accept to give an acknowledgment of receipt / reading or to acknowledge receipt by separate e-mail within 24 hours), or by registered letter with request for acknowledgment of receipt, notifying precisely the breach in question and indicating the intention to invoke this clause, the Contract may be terminated by operation of law by the other Party, without prejudice to any damages to which it may claim as a result of this breach.
The contract will continue for the current situations, that is to say those having been the subject of one or more service (s) before the effective date of the termination of the contract.
The parties undertake, both during the term of this contract and 5 years after its expiry, whatever the cause, to consider as strictly confidential and to treat as such, all information and documents, in particular technical, commercial, financial. , exchanged between them, whatever their nature and their medium (hereinafter “Confidential Information”).
Each of the parties undertakes to return, at the first request of the other, all documents or other Confidential Information media that the latter may have given to it in the context of the execution of this contract.
Expressly, are considered as force majeure, those usually retained by the jurisprudence of French courts and tribunals: unpredictable, insurmountable and external character. Initially, cases of force majeure will suspend the execution of the contract affected by them.
If the cases of force majeure have a duration of more than fifteen days, the Parties will discuss in order to determine the modalities of prosecution of their relationship. If the case of force majeure lasts longer than three months, the contract in question may be terminated automatically and without formality.
Beauvallon Services declares that it complies with the provisions specific to the protection of personal data and privacy, and in particular those of Law n ° 78-17 of 6 January 1978 as amended.
In accordance with this same Law, any person concerned may, at any time, access the personal information concerning him or her held by Beauvallon Services, request their modification or deletion at the following address: firstname.lastname@example.org.
16.INDEPENDENCY OF THE PARTIES
The host and Beauvallon Services enter into the Contract as independent persons, both legally and financially.
Consequently, the Contract cannot in any case be interpreted as creating a common entity, a commercial agency relationship, a mandate of common interest, a de facto or de jure association or employer-employee relations between the Parties. .
Each Party therefore refrains from making a commitment in the name and on behalf of the other Party and remains solely responsible for its management decisions.
17.INTEGRALITY OF THE CONTRACT
The Contract expresses all the obligations of the parties in relation to its subject matter.
Any extension hereof must be the subject of prior discussions and, where applicable, the signing of special conditions or an amendment hereto.
The fact that one or the other of the parties does not invoke a breach of the other party of any of its obligations under the Contract cannot be interpreted as a waiver of the obligation in cause.
19. PRIOR CONCILIATION CLAUSE
In the event of a dispute arising from the interpretation, application and / or execution of the contract, the parties undertake to attempt to reach a settlement prior to any legal action, on pain of inadmissibility.
To this end, the claimant party must notify the elements of the dispute to the other party by email accompanied by a registered letter with acknowledgment of receipt.
The conciliation phase will last for 15 days from receipt of this letter during which the Parties will exchange by e-mail, skype or telephone.
At the end of this period, the parties will be deemed not to have succeeded in reconciling, unless proof to the contrary is provided.
However, by way of exception, during this conciliation period, the Parties may apply to court for investigative measures on the basis of article 145 of the Code of Civil Procedure as well as any other measure justified by a legitimate reason relating to urgency. or to the subject matter.
Can be rented : means that the accommodation is empty of all personal belongings of the host (if necessary stored in a garage or cupboards to which travelers do not have access, which must be limited). The accommodation must also have undergone a thorough cleaning before the rental period.
Announcement : Refers to any rental offer disseminated by a host, directly or through a Third Party Operator, intended to allow the rental of his accommodation
Client : Refers to the client from the point of view of Beauvallon Services, namely here the host / owner
Contract : the term contract refers to the object hereof or to the contract between the host and the travelers
Prior interview : Refers to the telephone or physical interview between Beauvallon Services and the host when making contact, allowing the host to provide all the necessary information regarding the availability of accommodation, the net owner income desired, to the house manual etc.
Accommodation : Refers to any residential property offered for rent by a host
Host : Refers to the owner of an accommodation who uses the services of Beauvallon Services.
Basic cleaning : accommodation rented to third parties must first and foremost be clean. This sometimes means for the host to go the extra mile compared to their usual requirement for their second home. A basic cleaning must include, in addition to the routine cleaning: cleaning of the interiors of cupboards, windows, bedspreads, complete dusting (bulbs of bedside lamps ...), the floors of the terraces, washing of outdoor furniture, cleaning of technical parts such as laundry room, utility room, etc.
Platforms : Refers to any entity, legal or natural person, having for activity the connection of hosts and travelers with a view to the rental of accommodation. For example, Airbnb, HomeAway etc.
Party (s) : Means individually and / or collectively Beauvallon Services and / or the host
Services : Refers to all the services offered by Beauvallon Services to guests, the description of which appears in article 4 of these General Conditions.
Prospect : Refers to any person likely to become a traveler renting the accommodation offered by the host.
Representative : Refers to any person duly authorized by the host to rent and rent their accommodation and in particular to receive the keys to the accommodation
Reservation : Refers to the reservation of accommodation made by a prospect, directly with the host or through a third-party operator including Beauvallon Services
Compensation : Refers to compensation for services as defined herein. The calculation of this remuneration is described in article 10 of these General Conditions.
Traveler : Refers here to anyone looking for accommodation during a business or private trip