General terms and conditions of sale

General conditions of service
(Consumers and non-professionals)

I. OBJECT
HAMAC SUITES, a simplified joint stock company with a capital of 1. 000 €, registered in the RCS of Lyon under the number 878 721 398, whose registered office is located at 5 Place Bellecour in Lyon (69002), o?re to the Owner(s) of house(s) and apartment(s) a service of assistance to the renting of their property for short stays or seasonal rentals on websites of ads for short term rentals, as well as concierge services to their Tenant(s).

The present general conditions of service provision are therefore intended to define the conditions under which HAMAC SUITES provides these services, and form, with the order form, an indissociable contractual whole of concierge services (hereinafter the “Contract”) as from their signature.

They are intended for consumers and non-professionals.

The signature of the present general conditions by an Owner implies their acceptance, without reserve. These signed conditions shall prevail over all other conditions, with the exception of any special conditions negotiated with HAMAC SUITES that may appear on the order form.

These conditions are given to the Owner when they are signed. HAMAC SUITES reserves the right to modify these General Conditions of Service at any time. The applicable version will be the one signed by the Owner.

II. DEFINITIONS
In these general conditions, the terms defined below shall have the following meaning between HAMAC SUITES and the Owners

Owner(s): Owner(s) of houses and/or apartments who wish to rent their property for short stays or seasonal periods.

Rented Goods: Houses and/or apartments rented.

Concierge: means the person appointed by HAMAC SUITES who carries out or organizes the services of check-in, check-out, cleaning, laundry and the local interface with the Tenants.

Tenants: Tenants of the houses and/or apartments of the Owners.

Personal data: Any information relating to a natural person who is identified or can be identified, directly or indirectly, by reference to an identification number or to one or more elements that are specific to him/her, and protected by the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms.

The terms defined above in the singular may indi?éremment be used in the plural and vice versa.

III. TERMS AND CONDITIONS FOR SUBSCRIBING TO THE SERVICES
Owners may subscribe to the Contract by means of an order form, in paper or digital format, to which these general terms and conditions for the provision of services shall be attached.

Except in the case of subscription to the Contract by digital means, this order form shall be submitted to HAMAC SUITES, whose postal address is as follows

HAMAC SUITES, 5 Place Bellecour, 69002 LYON

The subscription to the Contract shall be deemed firm and definitive once it has been accepted by HAMAC SUITES, by signing the order form, one (1) copy of which shall be given to each Owner.

HAMAC SUITES reserves the right to refuse any subscription according to the availability of its teams, and in the case where the Owner would not be up to date with its payments under one or more invoices related to previous services.

IV. EXCLUSIVITY
This Contract is concluded in return for an exclusivity to the benefit of HAMAC SUITES for the implementation of the services mentioned in the order form. The Owner is therefore prohibited from seeking out Tenants himself or through another service provider.

V. CHARACTERISTICS OF THE SERVICES PROVIDED
HAMAC SUITES includes in its services to Owners all the services mentioned in the order form.

Unless otherwise specified by the Owner, HAMAC SUITES shall be free to accept reservations with no minimum stay.

All the services selected shall be invoiced to the Owners in accordance with the articles “VI. METHODS OF INVOICING” and “VII. RATES”.

In addition to these services, HAMAC SUITES will be free to offer certain additional services directly to the Renters, in return for direct billing to the Renter and without any intervention by the Owner (provision of breakfasts, additional cleaning services, sale of souvenir products, etc.).

VI. DELIVERY OF DOCUMENTS AND EFFECTS NECESSARY FOR THE SERVICES
Upon signing the Contract, the Owner shall be required to hand over to HAMAC SUITES any document and/or e?et necessary for the performance of its services, which includes in particular the handing over of the keys in three (3) copies minimum (one set for HAMAC SUITES and/or the Concierge, one set for the Tenant and one set for the Concierge).

VII. MINOR WORK AND MAINTENANCE
The Owner gives a mandate to HAMAC SUITES to carry out in his name and on his behalf all the small works and small maintenance which could prove to be necessary in the Rented Property, and this within a limit of 150 € HT by intervention.

Beyond this limit, HAMAC SUITES shall seek prior authorization from the Owner before incurring this type of expense.

VIII. INSURANCE
In addition, the set-up fees paid by the Owner at the signing of the Contract will be fully deductible from the first commissions invoiced by HAMAC SUITES.

The applicable VAT is that in force on the day of the invoicing of the services.

XI. TERMS OF PAYMENT
The Owner declares that he/she has taken out a multi-risk home insurance policy covering all risks that may result from the short-term and/or seasonal rental of the rented property, as well as the consequences of the liability that he/she may incur in the context of this Contract and these activities.

A valid insurance certificate shall be provided to HAMAC SUITES upon signature of this Agreement or upon first request.

IX. BILLING TERMS AND CONDITIONS
A SEPA direct debit mandate is established between the Owner and HAMAC SUITES in order to allow the latter to debit the amount of its invoices directly from the Owner’s bank account. The Owner shall communicate to this e?et its RIB to HAMAC SUITES when signing the Contract.

If a SEPA direct debit is not set up, the Owner may, at his/her option, pay the invoice issued by HAMAC SUITES by bank transfer or check.

XII. TERMS OF PAYMENT
The services are invoiced by HAMAC SUITES in the form of a commission for each rental of the Rented Goods, when the Tenant(s) has (have) paid the rental price to the Owner.

X. RATES
The HAMAC SUITES tariff conditions are as follows:

fixed price of installation invoiced at the signature of the Contract for a fixed amount of 300 € including all taxes and corresponding to the following diligences:
inventory of fixtures at the entrance of the Rented Property and inventory of the equipment of the Rented Property and their state of operation;
first cleaning before the first rental ;
setting up of the household linen;
professional photo shooting of the Rented Property;
creation, di?usion of the advertisements and implementation of a di?usion policy of the advertisements on the di?erent platforms.
On estimate in case of additional services (sound detector, small works, furnishing…)
commission equal to twenty percent (25%) inclusive of tax of the amount of the rental of the Rented Goods for a rental period of 2 to 13 consecutive days ;
commission equal to twenty percent (20%) of the amount of the rental of the Rented Goods for a rental period of 14 to 60 consecutive nights;
commission equal to twenty percent (18%) of the amount of the rental of the Rented Goods for a rental period of more than 60 consecutive days;
a flat fee per rental for cleaning, laundry and linen supply for any Rented Property of :
thirty-five (42) euros including tax for a studio, a T1 or a T2 (surface less than or equal to 25 m2) ;
forty (63) euros including all taxes for a T3 (surface less than or equal to 60m2);
fifty (82) euros TTC for a T4 (surface inferior or equal to 90m2).
on estimate for any rented property with a surface area greater than 90 m2.
Invoicing at cost price of all small works carried out in the name and on behalf of the Owner by HAMAC SUITES
In case of cancellation of the rental by a Tenant, the commission of HAMAC SUITES will be calculated on the cancellation fees and/or compensation that would be collected by the Owner.

The SEPA direct debits will be e?ected by HAMAC SUITES on the Owner’s account within 15 days from the receipt of the price of the concerned Rental by the latter and sending of the corresponding invoice by HAMAC SUITE (on the Owner’s email indicated on the order form). If a SEPA direct debit is not set up, the payment of the invoice issued by HAMAC SUITES must be made within fifteen (15) calendar days of its receipt.

Any failure to pay in full or in part by the due date will give rise, automatically and without prior notice, to interest at a rate equal to three times the legal interest rate in force on the day of the order.

This rate shall apply to the amounts due by the Owner, exclusive of tax.

Failure to pay in full or in part by the due date shall also give rise to a flat-rate penalty for collection costs of forty (40) euros, pursuant to Article D 441-5 of the Commercial Code.

XIII. TOURIST TAX
The Owner undertakes to pay the tourist tax for which he/she will be liable for the rental of the Rented Property. HAMAC SUITES will assist the Owner in this process.

XIV. DURATION OF THE CONCIERGE CONTRACT
The Contract is concluded upon signature for a period of FOUR (4) months. Upon expiration, and in the absence of termination, the Contract is tacitly renewed for successive periods of TWELVE (12) months and for a maximum duration of FIVE (5) years from the date of subscription. Beyond this period, a new contract may be concluded between the Parties.

The conditions for termination of the Contract are set forth in Articles “XVII. AMICABLE TERMINATION” and “XVIII TERMINATION FOR FAILURE”.

XV. RIGHT OF WITHDRAWAL
The Owner has the right to withdraw from the Contract when the subscription to the services was made at a distance, following a telephone canvassing or when it took place off-site, in accordance with Article L 121-18 of the Consumer Code.

This right of withdrawal may be exercised by the Owner within fourteen (14) days of signing the Contract.

The Owner may exercise this right of withdrawal without having to give reasons for his decision, and without charge.

A withdrawal form is available to the Owner as an attachment to these general conditions.

This form must be sent by registered mail to :

HAMAC SUITES, 5 Place Bellecour, 69002 Lyon

In the event of withdrawal, HAMAC SUITES will no longer be obliged to carry out its services a?érentes to the rental reservations already recorded.

XVI. RESPONSIBILITY
As a simple agent, HAMAC SUITES is only bound by an obligation of means. It cannot therefore be held responsible for products and/or services provided by external service providers.

HAMAC SUITES cannot engage its responsibility if the delay or the inexecution of one of its obligations is due to a case of absolute necessity as defined in the article 1218 of the Civil code.

XVII. INTELLECTUAL PROPERTY
All intellectual property rights, such as trademarks and designs, of which HAMAC SUITES is the owner remain its sole property.

The subscription to its services does not imply any transfer of these rights, or license, to the Owner.

XVIII. PERSONAL DATA
The Owner accepts that the personal data he/she provides when subscribing to the Contract shall be processed by HAMAC SUITES, which is responsible for such processing.

The personal data collected shall include the following: the Owner’s first and last names or company name, address, date of birth or registration number, e-mail address and telephone number.

Only HAMAC SUITES is recipient of these data.

HAMAC SUITES implements a treatment of these personal Data having for finalities the management of its service, of the customer relation, and the promotion of its service.

The personal data collected will be kept for the time necessary to achieve these purposes.

The Owner has the right to query, access, limit the processing of his/her data, and rectify or e?ace his/her Personal Data, as well as the right to portability.

The Owner also has the right to withdraw his consent to the processing of his Personal Data, at any time.

They may exercise these rights by sending a written request by registered mail to the following address

HAMAC SUITES, 5 Place Bellecour, 69002 LYON

If no favorable response is given to his request, the Owner may decide to lodge a complaint with the Commission Nationale de l’Informatique et des libertés (CNIL).

XIX. CONFIDENTIALITY
The Owner agrees to maintain the confidentiality of all information provided by HAMAC SUITES in the performance of the Agreement, as well as any information to which it may have had access during the performance of the Agreement.

This obligation of confidentiality is in effect for the duration of the Agreement and for a period of two (2) years after its expiration for any reason.

The Owner warrants that its present representative, future representatives, associates, employees, if any, and all other persons who may be involved in its business shall comply with this obligation of confidentiality.

The Owner guarantees HAMAC SUITES against any action that may be brought against it as a result of the disclosure of the aforementioned information to third parties, and from which he/she may be the origin.

XX. AMICABLE TERMINATION
AT THE INITIATIVE OF THE OWNER :

As of the expiration of the first contractual period of FOUR (4) months, and unless the Contract is terminated within five (5) working days of the end of this first contractual period, the Owner may terminate the Contract at any time, subject to sending HAMAC SUITES, at the address of its registered office, a notice by registered letter with acknowledgement of receipt two (2) months prior to the end of the contractual period in progress.

Any early termination, not complying with the notice referred to in the previous paragraph, will give rise to the payment of the commission and costs referred to in article “VI. RATES” for all reservations and rentals of the Rented Goods existing on the day of the termination.

AT THE INITIATIVE OF HAMAC SUITES :

HAMAC SUITES may terminate the Contract, provided that it sends the Owner, at his home address, a notice by registered letter with acknowledgement of receipt two (2) months before the end of the Contract.

XXI. TERMINATION FOR FAULT
In the event of late payment or non-payment on the due date, HAMAC SUITES reserves the right to terminate the Contract, without prior notice or formal notice.

Such termination shall be without prejudice to any other damages.

XXII. TERMINATION OF THE CONTRACT
Upon termination of the Contract, HAMAC SUITES will return the keys of the Rented Property, as well as the information relating to the reservations and rentals existing on the day of termination, to the Owner.

HAMAC SUITES will, however, be obliged to carry out the services subscribed for the reservations and/or rentals existing on the day of the taking of e?and termination. If the Owner wishes to make it his a?aire or entrust his Rented Property to another service provider, he will in any case remain liable for HAMAC SUITES’ commission on the reservations and/or rentals existing on the day of the taking of e?et and termination.

XXIII. TOLERANCES
Owner’s Signature:

The fact that HAMAC SUITES does not act against the Owner, following a breach of the obligations it has subscribed to by signing these general conditions, does not mean that it has waived its right to act.

In the event that HAMAC SUITES has failed to invoke the exercise of a right under these terms and conditions against the Owner, this shall not constitute a waiver of the right to invoke it against the Owner in the future.

XXIV. TRANSFER
HAMAC SUITES shall be free to assign all or part of the rights arising from this Agreement, in particular in the event of a reorganization of HAMAC SUITES, in any form whatsoever, and in particular a merger, partial contribution of assets or transfer of business. In such a case, HAMAC SUITES undertakes to ensure that the transferee is bound by the same rights and obligations and to inform the Owner as soon as possible.

XXV. GOVERNING LAW
These general conditions of service are subject to French law.

XXVI. MEDIATION
Before any dispute, the Owner has the right to have recourse to a free mediation in order to try to obtain an amicable resolution of the dispute which opposes him to HAMAC SUITES, and this in accordance with the article L 612-1 of the Code of the consumption.

The mediator proposed by HAMAC SUITES is Medicys, whose

The postal address is :

MEDICYS

Center for mediation and amicable settlement of judicial officers 73, Boulevard de Clichy, 75009 PARIS

The Owner may contact this mediator on his website www.medicys.fr where he will find a contact form.

XXVII. DISPUTES
Any dispute concerning the validity of these conditions, their interpretation or their execution will be submitted to the competent courts of the city of Lyon, except for imperative procedural rules to the contrary.