1.Applicable legal regime
“KOSY Aparthotels” is the mark owned by SAS HABITAT GESTION registered at the RCS Nancy under the number 421 037 029 whose head office is located 3 rue de Turique, 54000 Nancy, hereinafter referred to as “the operating company”
These general conditions form an integral part of the accommodation agreement which is concluded, according to the establishment concerned, with the status of “serviced residences” or “tourist residences“. This accommodation is made in residences composed of furnished accommodation allowing temporary stays and accessories from a few days to a few months. These dwellings are in no way intended to constitute principal residences, nor even second homes, so that it is forbidden to fix one’s residence in the places whether it is continuous or discontinuous. It is forbidden to engage in any commercial, craft or professional activity. Accordingly, the agreement will be governed by the provisions of the Civil Code as well as by the conditions set out herein and the accommodation agreement settled between the parties. The hosting agreement can not be considered as a hotel contract insofar as the services characteristic of this type of contract are not insured; the services offered are not included in the price and only offered on an ancillary basis.
The occupancy of the dwelling must respect the limit of the maximum number of occupants allowed according to the category of accommodation booked.
The booking of a stay implies the acceptance of these general conditions of sale which prevail over all other previous conditions or on any general conditions of purchase.
2.Booking conditions
2.1 Usual reservation
The reservation of accommodation in a residence HABITAT GESTION is valid only after acceptance of the reservation by the operating company. The confirmation of the reservation remains at the discretion of the operating company.
In addition, the reservation requires, to be considered firm, to be guaranteed:
– By the provision of a valid credit card number over the duration of the stay, which may be charged by the operating company in the event of a cancellation fee under the conditions and within the limits provided for in Articles 3 and 4. 4 of these general conditions of sale.
– Or a deposit by bank transfer, check or in cash – within the limits of the laws in force -, an amount equivalent to 1 night, for a stay of 1 to 3 nights, or equivalent to 25% of the total amount rent (within the limit of one month), for a stay of 4 nights or more.
Only the owner of the credit card can make the payment in residence. This same card must be presented before key collection and identification.
The guarantee may be used by the operating company in the event of a cancellation fee.
For any stay, an accommodation agreement will be concluded in addition between the residence and the occupant at the time of his arrival. The occupant must provide the documents referred to in Article 10 below. The signature of the accommodation agreement will be subject to the provision of the required supporting documents.
2.2 Reservation No Cancelable No Refundable No Exchangeable / modifiable said NANR
No cancellation, no exchange or modification of date or person, or refund can be made for a reservation called NANR. No refund will be made in case of no show, the total amount of the stay remains acquired to the company HABITAT GESTION.
In case of reservation under NANR conditions, a full prepayment of the stay is made upon confirmation of the reservation. The booking will then be considered as firm only after the actual and total collection of the stay.
Articles 3, 4 and 9 a) do not apply to this reservation.
2.3 Group NANR Reservation
Definition of a group: the reservation must be made within the framework of a professional activity, by the same entity for a minimum of 10 people, for the same period.
No cancellation or refund can be made for a reservation called NANR group. No refund will be made in case of no show. Not important the reasons, the total amount of the stay remains acquired with the company HABITAT GESTION.
In case of reservation under the conditions called NANR (Non-Cancellable and Non-refundable Non-exchangeable Non-modifiable), a total pre-payment of the stay made upon confirmation of the reservation. The booking will then be considered as firm only after the actual and total collection of the stay, the reception by HABITAT GESTION of these signed and dated as well as the receipt of the document entitled “care company” duly completed and signed.
Articles 3, 4 and 9 a) do not apply to this reservation.
2.4 Reservation LEISURE GROUPS
Definition of a leisure group: the reservation must be made within the framework of a professional or associative activity, by the same entity, for a minimum of 10 people, for the same period.
The booking will be considered as firm only after the receipt of a deposit corresponding to 25% of the total amount of the stay or to 50% if the reservation is made less than 45 days before the date of arrival as well as to the reception of the this document dated and signed and the receipt of the document entitled “Company Support” dated and signed. For any reservation, not important its nature, the departure must be done at the latest at 10 o’clock in the morning. Check-out beyond this time will be charged at the price of the last night.
3.Conditions of total cancellation before arrival
– Stay of 1 to 3 nights: No charge until D-2, 15h (GMT + 1h). Beyond that, one night will be charged.
– Stay from 4 to 14 nights: No charge until D-2, 15h (GMT + 1h). Beyond, 75% of the total amount of rent will be charged.
– Stay from 15 to 27 nights: No charge until D-7, 15h (GMT + 1h). Beyond, 50% of the total rent will be charged.
– Stay of 28 nights and more: No charge until D-15, noon (GMT + 1h). Beyond, 100% of the total rent will be charged (within one month).
These conditions apply only to bookings referenced in 2.1. (Outside NANR)
For the reservations GROUPS LOISIRS referenced in 2.4, the conditions are:
– Cancellation possible without charge until D-45: 50% of the total amount of the reserved stay will be cashed if the cancellation intervenes between D-44 and D-30.
– 75% of the total amount of the reserved stay will be cashed if the cancellation intervenes between D-29 and D-11.
– 100% of the total amount of the booked stay will be cashed if the cancellation intervenes between D-10 and D-0.
In all cases, a no show, in case of no cancellation, will be subject to the cancellation rules mentioned above.
4.Partial cancellation conditions before arrival
4.1 For the usual bookings referenced in 2.1:
Partial cancellation is considered as any modification of the length of stay, date, type of accommodation or place of stay initially reserved and confirmed.
– Stay of 1 to 3 nights: No charge until D-2, 15h (GMT + 1h), Beyond, 50% of the amount of rent not consumed will be charged.
– Stay from 4 to 14 nights: No charge until D-2, 15h (GMT + 1h). In addition, 75% of the amount of rent not consumed will be charged.
– Stay from 15 to 27 nights: No charge until D-7, 15h (GMT + 1h). In addition, 50% of the amount of rent not consumed will be charged.
– Stay of 28 nights and more: No charge until D-15, 15h (GMT + 1h). Beyond this, 100% of the rent not used will be charged (within one month).
These conditions apply only to bookings referenced in 2.1. (Outside NANR)
4.2 For bookings GROUPS LOISIRS referenced 2.4 :
Partial cancellation is considered as any change in the length of stay, number of accommodation, date, type of accommodation or place of stay initially reserved and confirmed.
– Cancellation possible without charge until D-45
– In case of partial cancellation of the reservation received between 44 and 30 days before the arrival of the group, HABITAT GESTION reserves the right to charge a cancellation fee equal to 50% of the amount of the canceled reservation.
– In case of partial cancellation of the reservation received from 29 days to 11 days before arrival: HABITAT GESTION reserves the right to charge a cancellation fee equal to 75% of the amount of the reservation canceled.
The list of occupants must be communicated to the residence minimum 10 days before the date of arrival and will serve as the minimum basis of billing.
5.Cancellation due to force majeure
KOSY appart’hôtels and its customers will not be liable for the non-performance of their obligations in the event of a case of force majeure, defined as any unforeseeable, irresistible event resulting from exceptional circumstances external to the parties, making it impossible to ‘execution of the contract which binds them. In the event of a case of force majeure the contract will be suspended until the disappearance, termination or cessation of the case of force majeure.
6.Late arrival conditions
In case of arrival outside opening hours, the amount stated in the booking conditions will be taken on the day of arrival.
7.Security Deposit
A security deposit will be required for stays of more than 28 nights, on the day of arrival, before key collection. This deposit will be cashed for any stay over 60 nights and can be made by credit card imprint, bank transfer, check or cash depending on the amount. For stays of 29 to 59 nights, the security deposit is not cashed, only a credit card imprint or check will be accepted. Cash will not be accepted for security deposits. Exceptionally, for so-called long-term accommodation agreements, the deposit must be paid no later than the day of arrival specified in the agreement. The amount of the deposit is 1 month rent excluding charges.
For all stays of less than 28 nights, and as a guarantee, a credit card number (valid for the duration of the stay) must be sent to the operating company. No key will be delivered without this guarantee.
This guarantee may be used to pay rent and unpaid charges, in case of damage, voluntary or not, for cleaning fees, replacement of missing items noted at the departure of the client and more generally for a good execution of the agreement hosting.
The guarantee may also be used by the operating company in the event of cancellation fees, partial or total non-payment of amounts due to the operating company in respect of accommodation and / or optional services, any costs of refurbishment in housing or common areas or flight in the residence.
For group NANR bookings and LEISURE GROUP bookings (2.3 and 2.4), and by exception, no deposit will be required. In return, the reserving body undertakes irrevocably to take charge, and at first request, damage, loss of objects, equipment, movable property and other furniture, degradation of premises, loss of keys, the vacancy of premises resulting from damage suffered on simple invoice presentation. The guarantee agreement will be formulated by the reservee to the operating company.
8.Obligation of the occupant
The accommodation is made available in a good state of maintenance, it agrees to make it as such at the end of the accommodation agreement. The occupant will use the rented premises and facilities peacefully and reasonably, in accordance with Articles 1728 and 1729 of the Civil Code. An inventory is given to the occupant when the keys are handed over. The occupant must verify the accuracy and quality and report to the reception, as soon as he enters the premises (if applicable, as soon as the reception is opened in case of late arrival), any anomalies, missing objects or degraded. For any stay greater than or equal to 28 days, an inventory, at the entrance and exit, will be drawn between HABITAT GESTION and the occupant.
The signature of an accommodation agreement for the booked apartment is mandatory regardless of the length of stay.
The inventory and the state of cleanliness will be the subject of a control by HABITAT GESTION and any object missing or any damage to the movable and immovable goods will be charged. The occupant agrees to respect the by-laws that are posted and available in each residence. The operating company reserves the right to enter the accommodation to provide the cleaning services, as well as to control the state and security conditions of the accommodation. He will inform the occupant beforehand.
In the event of non-compliance by the occupant with the obligations incumbent on him under the present conditions as well as the rules of procedure of the residence, the operating company reserves the right to interrupt its stay, subject to the regulations in force.
For group NANR bookings and leisure group bookings (2.3 and 2.4), the amount billed for household services, if the places were not returned in a state similar to that of their arrival, is :
– T1 and T1 Bis: 45 € All tax included
– T2 and T3: 75 € TTC
9.Price and payment methods
Prices are indicated and payable in euros. They are inclusive of VAT, per accommodation and per night for the dates and length of stay chosen. The rent includes water, electricity, heating (air conditioning for serviced residences), 1 weekly cleaning, supply and change of linen and towels, television, for stays shorter than 28 days. For any stay greater than or equal to 28 days or more, the rent includes water, electricity, heating (air conditioning for serviced residences), supply and change of sheets every 15 days, internet (under certain conditions). inquire at the reception) The taxes of stays and the optional services are not included in the rent.
Accepted methods of payment are credit cards (Visa, MasterCard, American Express), bank transfer, checks, holiday vouchers, cash, in compliance with the maximum amounts authorized by the laws in force. The payment of the accommodation is made in full the day of the arrival, before the handing over of the keys. For those staying more than one calendar month, the payment of the first calendar month of rent is to be made upon arrival. In the case where the arrival takes place after the 20th of the month, the 1st regulation will cover the end of the current month and the following calendar month. Other rents are due before the 5th of each calendar month, for the current month. The deposit paid during the reservation, is charged on the amount of the first rent, and possibly on the amount of the 2nd rent. For billing to a company, an account opening, after validation of the financial service, with support, must be done before entering the premises with the residence. In addition to the accommodation, various services are available such as breakfast, cleaning of the personal linen, supply of household linen (sheets, towels) and cleaning of the accommodation. These services will be invoiced in addition to the rent, according to the rates in force, on the day of the order. Payment is made in cash at the time of ordering the service.
For NANR and NANR group bookings, the entire stay must be paid on booking. For GROUPES LOISIRS reservations, the balance of the rental will be made at the latest 10 days before arrival.
10.Payment
Stays are payable upon booking for NA / NR stays by credit card. Stays from 1 to 28 nights are payable in advance no later than the day of arrival. Down payments may be requested at the discretion of the operating company within the limit of 30% of the total stay. The delivery of the keys to the accommodation will be subject to the conditions of payment of the stay and the requested guarantee.
11.Documents to provide for your reservation:
For any payment for any stay greater than or equal to 4 nights: Identity card or passport.
For any stay of 28 nights and more:
– Copy of identity card or passport (tenant + guarantor)
– last 3 payslips and last tax notice
– Attestation of schooling (for students)
12.Insurance – Liability
HABITAT GESTION specifies that whatever the duration of the stay, its insurer does not support:
– damage to vehicles parked in outdoor or underground car parks;
– damage suffered by third parties;
– the theft, damage or loss of personal effects in the apartments, common premises, car parks and any other dependencies or annexes of the residence;
– pet insurance.
The responsibility of the operating company can not be engaged for any of these reasons. The accommodation agreement is subject to the status of serviced residences or tourism, the provisions of Articles 1952 and following of the Civil Code, relating to hoteliers, are not applicable.
13.Computers and Freedoms
The information collected during your rental is subject to computer processing for the administrative and commercial use of HABITAT GESTION and its subsidiaries. This information is necessary to process your request. In accordance with the law “Informatique et Libertés” of 06 January 1978 amended in 2004, you have the right to access and rectify information concerning you, which you can exercise by sending your request to direction @ residences-aparthotel. com. You can also, for legitimate reasons, oppose the processing of data concerning you. You may receive commercial information from the company HABITAT GESTION for products similar to those of this contract, or commercial offers and general information of the company HABITAT GESTION, or its subsidiaries, relating to the rental real estate investment in a residence with services. You have the option to oppose, without charge, the use of your data for commercial prospecting purposes. In particular, you can at any time unsubscribe from our commercial emails on request by mail or mail.
14.Internet access
The Internet connection is reserved for personal, non-commercial use and in a reasonable way, in the respect of the legislation in force and the intellectual and artistic property. The user is responsible for the proper use of the service and undertakes to guarantee HABITAT GESTION against any action or appeal brought by a third party because of his actions, particularly on the Internet. Access to the service is reserved for major natural persons, up to date of their financial obligations vis-à-vis HABITAT GESTION, and having equipment with Wifi connection and / or Ethernet socket. HABITAT GESTION declines any responsibility in the event of non-functioning of the equipment of the user or incompatibility of this one with the service of Internet access.
The proposed Internet access must in no way be used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or a neighboring right, such as texts, images, photographs, musical works, audio-visual works, software and video games, without the authorization of the holders of the rights provided for in books I and II of the code of literary artistic and industrial property.
Illegally downloading is a criminal offense punishable by three years imprisonment and a fine of 300,000 € for individuals, fine increased by 5 for legal persons.
The apartments are available from 15:00 and must be vacated before 10:30 If you wish, with supplement, an early arrival or a late departure is possible subject to our availability
HABITAT GESTION SAS
RUE DE TURIQUE
54000 NANCY
