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General Terms and Conditions of sale

 

 

General Information

 

  • Corporate name : BNP Paribas Immobilier Résidences Services (hereafter « Hipark Résidences »)
  • Simplified joint stock company with a sole shareholder with a share capital of  €4.880.000
  • Registered with the Trade and Companies Register (RCS) of ROMANS under number 378 888 796
  • Head Office : Immeuble Valvert, Avenue de la Gare, 26 300 – ALIXAN
  • Secondary Establishment : 167 quai de la Bataille de Stalingrad, 92867 ISSY-LES-MOULINEAUX Cedex
  • EC VAT number : FR 30 378 888 796
  • Legal Representative : Mrs Dominique JONES, Chairman – Mr Grégoire HEUDES, Managing Director
  • Managing Editor : Mr Grégoire HEUDES, Managing Director
  • Contact : BNP Paribas Immobilier Résidences Services - 167 quai de la Bataille de Stalingrad, 92867 ISSY-LES-MOULINEAUX Cedex– Tél.+ 33 (0)1 55 65 24 24 – commercial@hipark-residences.com
  • Host: ITPS – 105/107 rue de Lyon 1203, GENEVA (Switzerland)
  • Designer : BNP Paribas Real Estate - 167 quai de la Bataille de Stalingrad, 92867 ISSY-LES-MOULINEAUX  Cedex
  • Holder of the professional Real estate and Business Transaction card – Property Management – Tourism Services n° 201T-94G issued by the Administrative Center of the Drôme department, member of the GALIAN company whose Head Office is located at 89 rue de la Boétie, 75008 PARIS,

, holder of a financial guarantee of amounting to €120.000  for Transaction operations , amounting to € 5.500.000  for management operations and amounting to € 40.000  Tourism services

  • Holder of a professional civil liable insurance from COVEA RISKS under n° 120 137 405 (geographical areas covered : France, Monaco, Andorra and French overseas territories), and from AXA FRANCE under police n° 37503517549887 (geographical areas covered entire world except United States of America and Canada),  
  • BNP Paribas Immobilier Résidences Services and BNP Paribas Real Estate are companies of the BNP PARIBAS GROUP.  


1/ Legal regime applicable to the rental contract

The hosting contract is subject, depending on the establishment in question, to the status of residences with services or classified tourist homes. It is entered into as a temporary residence only. The premises shall not be used as main or even secondary residence. The customer shall not be able to practice any business, artisanal or professional activity nor establish any domiciliation. The client shall not rely on the legal stipulations applicable to residential leases, particularly in regards to remaining on the premises. Accordingly, the contract shall be governed by the provisions of the French Civil Code and by the terms set forth herein.

2/ Reservation

The reservation of an apartment in a residence of Hipark Residences shall only be valid after confirmation of the client’s reservation by Hipark Residences. The confirmation of the client’s reservation by “Hipark Residences” remains at the sole discretion of “Hipark Residences”.  By reserving an apartment in a Hipark Residence, the client is presumed to have accepted the terms and conditions of sale.

 

The reservation must, in order to be valid and considered firm, be guaranteed by a valid credit card issued by a banking establishment (according to the stipulations of article 3), or been subjected to prior approval on opening an account with “Hipark Residences”.  The credit card used for the reservation must imperatively bear the name of the client and must be the one presented during check-in. Furthermore, for stays of 7 nights and more, the customer will pay, upon reservation, a deposit for an amount equal to the price of the first two nights (or equal to 30% of the booking amount on the website www.hipark.fr or www.hipark-residences.com). This deposit will not be refundable in case of cancellation by the customer, regardless of the date of cancellation. Hipark Residences reserves the right to charge the customer's credit card for a deposit; the amount will be specified in the conditions of the chosen fare. Failing to have debited the deposit in a period of 8 days from the reservation, Hipark Residences will notify the client of the reservation’s cancellation. 
 
For groups (i.e. reservations for 20 people or more and/or involving over 8 apartments booked by a single entity) and companies, reservations are subject to the terms and conditions of the “groups” and “companies” contracts.   

Different conditions may apply for promotional rates.

In this case, the features mentioned under the descriptive of the promotional offer overrule the conditions mentioned above.  

Hipark Residences is not responsible for other services such as babysitting*, taxi, massage etc. as these are subject to a direct contract and direct payment between the client and the provider of this service.


3/Accepted Credit Cards and payment methods

“Hipark Residences” accepts the following payment methods:

 

On the website hipark-residences.com: credit cards.  

On site :

-          Credit cards,

-          Cash (in euros only and within the limit of the ceiling set by the applicable regulations)

-          Holiday vouchers, with the mention that change will not be given for this last option.

For groups or corporations: credit cards or bank transfer.  

The following credit cards are accepted: American Express, Visa, Eurocard-Mastercard and Diners.

4/Deposits

Any group reservation (i.e. reservations for 20 people or more and/or involving over 8 apartments booked by a single entity) requires a prior deposit to guarantee the booking. The amount of the deposit, the timeframe available in order to make the transfer and the terms and conditions for the cancellation of the reservation will be specific to and provided in each contract.

 

5/Terms of payment

Invoices issues by the residence of Hipark Residences in question, must be payed immediately upon presentation.

 

On the arrival day of the client, Hipark Residences will charge the entire stay, less any prepaid deposit. The payment of all optional services will be required at the end of the stay upon presentation of the corresponding invoice. In the case it was agreed upon that a client’s stay be paid by a third party, the client will remain personally liable for the payment in question. Hipark Residences will charge a monthly late payment interest in its own right of 1.5 times the legal interest rate on any sum not paid on its due date without prior notice.


6/ Prices

On the website hipark-residences.com, prices are indicated in euros and correspond to the charge per night and per apartment according to the date and to the duration of the stay. Prices are guaranteed at the time of booking only. The conversion in foreign currency is only given as an indication and is non-contractual.  

 

Unless stipulated otherwise which can apply to promotional rates, prices are calculated VAT included and tourist tax excluded. The tourist tax is per day and per person.

Hipark Residences reserves the right to pass on to the client any changes of the VAT rate and/or amount of the tourist tax which could be decided upon later.

Should the tourist tax be subject to the VAT, the latter shall be billed to the client. Should the prices be mentioned as excluding tourist tax, they shall be settled as extra by the client in accordance with the stipulations of article 5.

Prices include:

-  the availability of the apartment
-  reception service and concierge 24/7
- maintenance service (*)
- access during opening hours to the Fitness facility and to the sauna (subject to compliance with the conditions stated in the articles hereafter mentioned), during opening hours and during the stay (within the limits of check-in/ check-out times; outside these hours, Hipark Residences reserves the right to charge the access to the Fitness facility and to the sauna).
- access to the business corner equipped with free internet access ; the printing of any document will be charged to the client according to the ongoing price rate (available at the residence reception)

-access to the swimming pool in the residences that have such facilities (according to the season), during opening hours and during the stay (within the limits of check-in/ check-out times; outside these hours, Hipark Residences reserves the right to charge the access to swimming pool).

 

Except if stipulated under the descriptive of a promotional offer,

prices do not include the following :

- breakfast

- “ à la carte” services

- parking.

 

Prices are valid until the 31st December of each year They are subject to change without prior notice.

(*) Every other day for a stay of one to six nights and once weekly for stays of 7 nights and more in Grenoble, Nice and Marseille. Weekly for Serris - Val d'Europe. For additional needs an « à la carte » service is proposed and charged additionally. 

7/ Children
Hipark Residences accepts minors staying with their parent(s) for the duration of the latters’ stay. Hipark Residences does not accept clients under the age of 18 who are not accompanied. Any minor staying at a Hipark Residence residence (whatever his/her age and whatever the reasons for the stay may be) must compulsorily, during the complete duration of his/her stay, be accompanied by one of his/her parents who is over the legal age or an adult member of his/her family.

 Within the residence, children remain under the supervision and responsibility of their parents.

Accommodation is free for children up to 2 years old, staying in the apartment with their parents in a cot. It is advised to book a baby kit in advance (chair and cot subject to availability). A child who is 3 years old and over is counted in the base occupancy of the apartment. 

Additional beds are not provided in residences.

Hipark Residences can offer the client a list of companies that provide babysitting services. The choice of availing of such services will remain under the client’s sole responsibility. The cost of this babysitting service will be settled from the client to the provider directly.

The stay of a minor or of a group of minors within a residence “Hipark Residences” is conditional to the presence, for the entire duration of the stay, of adult supervisors in sufficient numbers, who will take sole responsibility for the supervision and for the behavior of the minor or group of minors in question.     

Hipark Residences does not accept any responsibility in the case of incident of any nature, of physical injury or material damages, suffered or caused by a minor or group of minors within a residence of Hipark Residences.  

Hipark Residences reserves the right to refuse or cancel any reservation made for a minor or group of minors, when it seems that no adult or not a sufficient number of adults would be present during the stay. Hipark Residences also reserves the possibility to demand a security deposit amounting to 150 € per night and per minor.

8/ Changes of reservation or of stay duration 

Subject to availability and at the discretion of Hipark Residences, the length of the stay can be extended, without any obligation for it to be in the same apartment nor at the same price.  In the case of an early departure, Hipark Residences reserves the right to charge the entirety of the reserved stay.

9/ Cancellations
- Individual Clients:
The time limit for a full cancellation of the stay is 24h before the arrival day for stays under 7 nights. For stays of 7 nights and more, a notice of 72h before the arrival day is required.

If these timeframes are not respected the cancellation fees are the following: 1 night for a reservation of less than 7 nights, Hipark charge one night as cancellation fee. For stays of 7 nights or more, Hipark retain, whatever the date of cancellation, the deposit paid at time of booking as a cancellation fee and 3 nights for stays of 7 nights and more.

Certain promotional rates can be “non-refundable” regardless of the cancellation date. In these cases, the cancellation policy mentioned above does not apply and the full prepaid amount cannot be refunded for any reason whatsoever. 

The effective date of a cancellation in writing will correspond to the date it is received at the residence.  

The no-show of the client without cancellation will be subject to the cancellation fees mentioned above.

If the client who does not show due to a cancellation or a no-show had paid the complete or a partial amount of the tourist tax , this amount will be refunded if he/she did not stay in the residence during the period in question.

- Groups and corporations: see specific conditions of each contract. 


10/ Obligation of the client  The apartment will be made available to the client in good condition. The client will use the rented premises and their installations as a reasonable, peaceful and cautious person. The client has the obligation to behave correctly, respecting others as well as the residence’s surroundings.

 

An inventory is present in each apartment. The client will have to verify its accuracy and quality (verification of the state of the apartment, of its furniture and its equipment), upon arrival and report to reception, within the first 2h of arrival, any anomaly, missing or damaged objects. Upon departure, the inventory and the state of cleanliness and conservation of the apartment, of its furniture and equipment will be verified by Hipark Residences : any missing item or damages made to the apartment, its furniture or equipment will be charged to the client to the replacement value of an identical and new one. Also, the cost of any necessary repair (supply and labor) will be charged to the client. Hipark Residences reserves the right, if the state of uncleanliness justifies it, to charge the client the cost of an additional cleaning service.

The client expressively authorises Hipark Residences to give its agents access to the apartment for the upkeep and maintenance. Hipark Residence reserves the right to enter the rented premises for any legitimate reason relating to the safety of both the people and the property or for any reason relating to a case of “force majeure”, to implement any precautionary measure or not, rendered necessary by the emergency.

The residences of Hipark Residences do not sell alcohol, except as part of a catering service.

For internet use, the client agrees to the terms and conditions of the internet use charter in the residences Hipark Residences.

The swimming pool (for the residences that have such facilities and depending on the season) and the fitness facility are accessible, to clients only and to their children under the parents’ sole responsibility, for the duration of their stay and during the opening hours indicated in the residence within the limits of check-in/ check-out times; outside these hours, Hipark Residences reserves the right to charge the access to swimming pool and the Fitness facility. No supervision of the users is ensured by Hipark Residences: children must imperatively remain under their parents’ supervision. 

The sauna is accessible to clients only, for the duration of their stay and during the opening hours indicated in the residence within the limits of check-in/ check-out times; outside these hours, Hipark Residences reserves the right to charge the access to the sauna).

Access to the sauna is formally forbidden to minors.

Clients must strictly comply with the regulations and safety instructions indicated in the residence.

Les clients doivent se conformer strictement au règlement et consignes de sécurité affichés dans la résidence.

Animals are not accepted within the confines of the residences with the exception of guide dogs for the blind. Hipark Residences reserves however the right to accept small pets for a fee.  

Les animaux ne sont pas acceptés au sein des résidences à l’exception des chiens guides d’aveugles. Hipark Résidences se réserve toutefois le droit d’accepter les petits animaux de compagnie moyennant paiement.

The apartment shall be used by a compulsory maximum number of people to be determined depending on the maximum number of authorized beds by Hipark Residences, children older than 3 years old (studio: 2 people, suite: 4 people, f       amily suite: 6 people).

11/ Arrival and Departure  
Key collection takes place from 3pm on the day of arrival. On departure day, keys must be given back before 11 am (if not, Hipark Residences reserves the right to charge an extra night)


12/Liability
Hipark Residences will not be made liable in case of theft or damages to personal items, within the apartments, including within individual safes, common premises, parking and any other dependency or annexes to the residence: the present lease contract being subject to the status of classified tourism residences, the stipulations of articles 1952 et seq. of the French Civil Code, relating to hotels are not applicable.

 


Hipark Residences is not liable for food poisoning, allergy and other, arising from the consumption foodstuff coming from outside the premises of the residence, including in the event of catering service.

Hipark Residence is not liable for any incident or damages ocurred to people and to items in the parkings*of the residence. The clients are invited to leave no apparent object inside the vehicle.

The modalities of access to the parking are specific to each residence:

It is the client’s responsibility to comply to the indicated stipulations (especially in terms of the size of vehicles and LPG vehicle access prohibition).

Le sauna est mixte et son utilisation est soumise à l’entière responsabilité de son utilisateur. Hipark Résidences dégage toute responsabilité sur les problèmes de santé pouvant résulter de l’utilisation du sauna.

The sauna is co-ed and its use is subject to the sole responsibility of its user. Hipark Residences declines all responsibility concerning health issues that may arise from using the sauna.

The use of the swimming pool (if the residence has one and according to the season), of the sauna and/or fitness facility*, is subject to the discretion of each client: Hipark Residences declines all responsibility on health issues that may arise from a sports activity.   

Access to the swimming pool, to the sauna and/or to the fitness facility* by children is subject to the discretion and to the sole responsibility of their parents and is conditional to parental supervision.

13 / Tobacco

 All Hipark residences are non-smoking. Hipark reserves the right to charge additional cleaning fee for non-compliance with this prohibition.

14/ Visitors Access

In order to ensure the safety of clients (safety of the people and property, emergency fire evacuation), and to enable Hipark Residence to know the exact number of people present on the premises, clients must systematically identify themselves at the reception desk, by handing in their ID and filling out the visitors' registry. Their ID will be returned when they leave the premises.

Except if particularly mentioned within the residence itself, access to the swimming pool, to the sauna and/or the fitness facility * (if the residence has them) is reserved to clients only excluding their visitors.

15/ Service Modifications
If the circumstances require it, and only in case of force majeure, beyond its control, Hipark Residences could be forced to partially or completely modify its services, relating to both accommodation and optional services such as breakfast. Services not provided will not be charged, however no compensation can be claimed.

16/ Termination - Penalty - Non renewal

The contract will be terminated without formality and without delay, in case of failure by the customer of any of his/her obligations or inappropriate behavior likely to disturb the stay of other occupants. The client will have to leave the premises immediately and could be evicted with the assistance of the police if needed.  

 

17/ Absence of a right of withdrawal

Pursuant to article L 121-21-8 of the French Consumer Code, "the right of withdrawal cannot be exercised for contracts […] regarding hosting services, other than residential accommodation, […] of catering or leisure activities which must be provided at a determined date or period".

As a result the client acknowledges having been informed not to benefit from a right of withdrawal under article L 121-1 of the French Consumer Code.

 

18/ Legislation
The hosting contract is governed by French law.

In case of dispute, the applicable law is that of the French Republic, with attribution of jurisdiction to the courts of Hipark Residences' Head Office even in the case of plurality of defendants.

 

 

 

19/ Translation

These terms and conditions of sale are written in French. In the case that they would be translated in a foreign language, the French version shall prevail.