General conditions of use of the Platform        

Alpine Holidays by RIVAGE Immobilier

 

Article 1 – Legal notices

Site Editor:

The company RIVAGE Immobilier, (hereinafter “the Company”), a limited liability company, with capital of €5,000, whose head office is located at 310 Rue Saint Bernard in MENTHON-SAINT-BERNARD (74290), registered in the ANNECY Trade and Companies Register under number 827 947 334, represented by Mr. Vincent BOVIO, acting as manager, duly authorized for this purpose.

Site : https://alpineholidays.fr/ (hereinafter “the Platform”)

Publication Director : Mr. Vincent BOVIO

Individual VAT identification number: FR 68 827 947 334

Contact: </ b>

Mail: 310 Rue Saint Bernard 74290 MENTHON-SAINT-BERNARD

Email: contact@brcghome.com

Phone : (+ 33) 06 79 63 34 39

Site Host: INFOMANIAK

Mail: Rue Eugène-Marziano 25, 1227 Geneva, Switzerland

Telephone: +41 22 820 35 40

Insurer : GALIAN

Territory covered: France

Contact: 0 806 800 888 and service.clients@galian.fr

Guarantee by: GALIAN

Article 2 – Scope

These general conditions of use of the Platform (hereinafter “General Conditions”), apply, without restriction or reservation to any access and use of the Company's Platform, by consumer customers (hereinafter “the Traveler(s)”). < /p>

The Traveler is required to read it before any use and any reservation on the Platform.

The Traveler declares to have read these General Conditions and to have accepted them by checking the box provided for this purpose when booking on the Platform.

Article 3 – Role of the platform

The Platform allows Travelers to reserve online accommodation, offered by individuals or professionals (hereinafter “Owners”), as well as concierge services provided by the Company.

The Company drafts and posts accommodation offers online, allows their reservation on the Platform and collects the price of reservations in the name and on behalf of the Owners.

The Company also offers concierge services under which it may be required to provide services itself for the benefit of Travelers.

It is expressly recalled that the Company does not offer on its Platform tourist packages or related travel services within the meaning of articles L. 211-1 et seq. of the Tourism Code.

Article 4 – Presentation of the Platform

4.1. Access to the Platform

The Platform is accessible free of charge to Travelers with an internet connection. All costs, whatever they may be, relating to access to the Platform are exclusively the responsibility of the Traveler, who is solely responsible for the proper functioning of his computer equipment as well as his access to the internet.

4.2. Availability of the Platform

The Company does its best to allow the Traveler access to the Platform 24 hours a day, 7 days a week, except in cases of force majeure and subject to the following.

The Company may, in particular, at any time, without liability being incurred:

• suspend, interrupt or limit access to all or part of the Platform, reserve access to the Platform, or certain parts of the Platform, for a specific category of Travelers;
• delete any information that may disrupt its operation or contravene national or international laws;
• suspend or limit access to the Platform in order to carry out updates.

The Company is released from any liability in the event of impossibility of access to the Platform due to a case of force majeure, within the meaning of the provisions of article 1218 of the Civil Code, or due to an event beyond its control (in particular a problem with the Traveler's equipment, technical hazards, disruption on the internet network, etc.).

The Traveler acknowledges that the Company's obligation regarding the availability of the Platform is a simple obligation of means.

Article 5 – Choice and reservation of accommodation

5.1. Accommodation characteristics

The characteristics of the accommodations are described on the Platform. Each accommodation has a descriptive sheet specifying the particular conditions specific to each of them.

The Company's customer service is available to Travelers to provide the necessary advice by email or telephone. However, the Traveler is solely responsible for choosing his or her reservations.

5.2. Availability of accommodation

Reservations are limited according to the availability of accommodation, provided by their Owner, and the maximum number of places in each accommodation. Indications of accommodation availability are provided in real time on the Platform.

5.3. Online reservation

Only the Owner of the accommodation reserved by the Traveler is the latter's co-contractor. The Company only acts as an intermediary to make the reservation and payment online.

The reservation is confirmed by the Traveler by “double clicking”. The “double click” constitutes an electronic signature of equivalent value to a handwritten signature.

Procedure:

1. Consult the accommodation offered on the Platform.
2. Choose the accommodation by adding it to your basket.
3. For any difficulties encountered or for any questions you can contact the Company's customer service via the contact form, by telephone or by email. < /span>
4. Prior to confirming your reservation, check the contents of your basket as well as its total price, correct any errors that may have occurred and validate your reservation (1 ^er click).
5. Accept these General Conditions of Use of the Platform and the Confidentiality Policy.
6. Proceed to validate your reservation (2^th click).
7. You will be redirected to a secure payment platform.
8. Proceed to pay for your reservation.
9. You will receive an email confirming your reservation.

5.4. Confirmation of reservation

Subject to the specific stipulations provided below, the confirmation of the reservation expresses the Traveler's definitive acceptance of the prices and characteristics of the accommodation reservations he makes.

5.5. Proof of transaction

Computerized records, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, reservations and payments made using the Company's Platform.

It is expressly agreed that, unless there is a manifest error on the part of the Company, the data stored in its information system have probative force regarding the reservations made by the Traveler on the Platform.

When confirming the reservation online, the Traveler will obtain a reservation number and have a summary of their reservation. By printing it and keeping it, the Traveler has proof and the date of their reservation.

5.6. Cancellation and modification of reservations

Subject to specific cancellation or modification conditions, as specified on the description sheet of each accommodation, the following cancellation conditions apply:

• in the event of cancellation of the reservation by the Traveler within 48 hours after its validation, and provided that the Traveler's arrival is planned within a minimum of 14 days, the Traveler will receive a full refund;
• in the event of cancellation of the reservation for any reason whatsoever other than force majeure, within a period of more than 7 days before the Traveler's arrival date, the latter will be liable for a sum equal to 50% of the reservation price;
• in the event of cancellation of the reservation for any reason whatsoever other than force majeure, within a period of less than 7 days before the Traveler's arrival date, the price of the reservation will be full rights acquired by the Owner and cannot give rise to any reimbursement.

Conversely, and except in cases of force majeure, in the event of cancellation of the reservation by the Owner, the deposit paid by the Traveler will be returned within thirty (30) days.

Article 6 – Concierge services

6.1. Description of services

The Company offers Travelers various concierge services, namely:

• Housekeeping;
• Laundry and dry cleaning;
• Welcome Guests upon entering the accommodation and handing over the keys (“Check-in”);
• Key collection at the end of the reservation (“Check-out”);
• Provision of a kit of welcome products (soap, shower gel, shampoo, coffee capsules, dishwasher tablet, etc.).

6.2. Ordering services

Cleaning and laundry services are provided for each reservation on the Platform. The price of these services is indicated on the page of each accommodation.

Other services provided by the Company can be ordered by the Client directly from the Company, at any time.

Article 7 – Payment

7.1. Prices for accommodation reservations

Accommodation is offered on the Platform at current rates, determined by the Owners. These prices are expressed excluding taxes and all taxes included and take into account the VAT applicable on the day of the reservation.

These prices also include applicable taxes, in particular the tourist tax as well as any additional taxes.

The Company also charges Travelers a service fee when booking accommodation on the Platform corresponding to a percentage of the total reservation amount.

This price is collected by the Company in the name and on behalf of the Owners.

These prices are firm and non-revisable during their period of validity, as indicated on the Platform; the Company reserves the right, outside this period of validity, to modify prices.

An invoice is drawn up by the Company in the name and on behalf of the Owner, and where applicable, the Partner, and sent to the Traveler by email.

7.2. Payment for reservations

Payments are made to the Company which collects the corresponding price, in the name and on behalf of the Owner. </ p>

It is specified that all sums paid in advance are qualified as a deposit.

Payments are made by bank cards (Visa, MasterCard, American Express, other credit cards) on the online payment platform of a third-party service provider.

Payments made by the Traveler will only be considered final after the Company has actually received the sums due.

7.3. Prices for concierge services

The prices for the concierge services offered by the Company are indicated:

• on the sheet of each accommodation concerning cleaning and laundry services;
• on the Platform concerning other optional services offered by the Company.

They are paid by the Traveler at the time of booking for cleaning and laundry services by credit card, and at the time of their order for other optional services.

7.4. Late payment

In the event of late payment of sums due by the Traveler beyond the stipulated deadlines, late payment penalties calculated at the legal rate will be automatically and automatically acquired by the Company, without any formality. nor prior notice, without prejudice to any other action that the Company may be entitled to take, in this respect, against the Traveler.

Delay in payment will result in the entire sums owed by the Traveler becoming immediately payable, without prejudice to any other action that the Company would be entitled to take, in this respect, to against the Traveler. The Company further reserves the right to suspend or cancel current reservations.

7.5. Security Deposit

A security deposit, the amount of which is determined before validation of the reservation on the Platform, must be paid by the Traveler at the time of reservation, by credit card.

This security deposit will not bear interest. It cannot under any circumstances be considered as even partial payment of the price of the reservation.

At the end of the Traveler's stay, the security deposit collected will be automatically refunded within a maximum period of seven (7) days from the end of the reservation, minus any compensation retained for all damage caused, unpaid services and/or loss of keys. If the security deposit is not sufficient to cover the aforementioned damages, the Traveler undertakes to reimburse these costs to the Company upon presentation of supporting documents.

Article 8 – Obligations and liability of the parties

8.1. Obligations and responsibilities of the Traveler

The Traveler undertakes not to provide false data, in particular false names, false addresses and/or contact details or information relating to payment when booking.

The Traveler informs the Company, as soon as possible taking into account the circumstances of the case, of any non-compliance observed during a reservation.

The Traveler undertakes to:

• Respect the accommodation capacity specified in the accommodation description sheet;
• Comply with the internal regulations of the accommodation as communicated to it by the Company or the Owner;
• Do not substitute any person whatsoever, nor sublet, in whole or in part, even free of charge, the accommodation, except with the written consent of the Owner;
• Notify the Company, as soon as possible, of any damage affecting the accommodation, its furniture or its equipment. Repairs made necessary by negligence or poor maintenance during the reservation will be the responsibility of the Traveler;
• Authorize the Company, or a third party mandated by it for this purpose, to carry out, during the duration of the reservation, any urgent repairs. The Traveler will not be able to claim a reduction in rent from the Owner in this respect;
• Avoid any noise pollution or any behavior, by oneself, by one's family or by one's relations, likely to disturb the enjoyment of neighbors;
• Respect, in the event of booking accommodation in a collective building, the co-ownership regulations and/or the internal regulations of the building which have been communicated to them by the Owner, the Company or by display channel.

8.2. Obligations and Responsibilities of the Company

The Traveler acknowledges that the accommodation reservation services offered by the Company are limited to the referencing of accommodation, the publication of advertisements and the provision of technical means allowing their reservation.

The Owners are and remain solely responsible for fulfilling their obligations to Travelers under the contract concluded between them, to which the Company is not a party.

Consequently, the Company's liability for this hosting is limited to the accessibility, content, use and proper functioning of the Platform under the conditions set out herein, as well as than the provision of concierge services that it carries out itself (excluding all services carried out by third parties that it has put in contact with Travelers).

Similarly, when it connects the Traveler and Partners, for concierge services, the Company only acts as an intermediary and assumes no obligation under of the performance of these services. The Partners concerned remain solely committed to the Traveler in this capacity.

The Company will take all due diligence and care necessary for the proper performance of its obligations. It may exempt itself from all or part of its liability by providing proof that the non-performance or poor performance of its obligations is attributable either to the Traveler, or to an unforeseeable and insurmountable event, or to a third party, or to a case of force majeure.

The Company cannot be held liable in particular in the event of:

• use by the Traveler of the Platform contrary to its purpose;
• due to the use of the Platform or any service accessible via the Internet;
• due to the Traveler's non-compliance with these General Conditions of Use;
• cutting the internet and/or intranet network;
• the occurrence of technical problems and/or a cyber-attack affecting the premises, installations and digital spaces, software, and hardware belonging to or placed under the responsibility of the Traveler.

Article 9 – Right of withdrawal

9. 1. Deadlines and terms

The Company, in accordance with the regulations in force, informs the Traveler that when he has the status of consumer within the meaning of the applicable regulations, he has the possibility of withdrawing without reason within a period of fourteen (14) days from the conclusion of the contract for service provision contracts.

To exercise his right of withdrawal, the Traveler must notify the Company of his decision to withdraw from the contract by means of an unambiguous declaration (for example, letter sent by post, fax or email). The Traveler can use the withdrawal form attached hereto but this is not obligatory. If the Traveler exercises his right of withdrawal by email, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium.

For the withdrawal period to be respected, it is sufficient for the Traveler to send their communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period. This right of withdrawal is exercised without penalty.

9. 2. Effects of withdrawal

In the event of withdrawal by the Traveler, the Company will reimburse all payments received from the Traveler, without undue delay, and in any event, no later than fourteen (14) days from the day on which the Company is informed of the Traveler's decision to withdraw.

9. 3. Waiver of the right of withdrawal

In accordance with article L. 221-25 of the Consumer Code, the execution of services can begin during the withdrawal period if the Traveler makes an express request. Thus, the Company must collect its express request on paper or on a durable medium.

The Traveler who has exercised his right of withdrawal from a contract for the provision of services whose execution has begun, at his express request, before the end of the withdrawal period pays the professional a corresponding amount to the service provided until the communication of its decision to withdraw; this amount is proportionate to the total price of the service agreed in the contract.

9.4. No right of withdrawal

In accordance with article L. 221-28 of the Consumer Code, the Company informs the Traveler that he will not be able to exercise his right of withdrawal in particular for:

• contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided to a date or at a specific period;
• contracts for the provision of services fully executed before the end of the withdrawal period and whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal;
• contracts for the supply of goods likely to deteriorate or expire quickly;
• contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or protection of the health.

Consequently, accommodation booked on the Platform is exclusively subject to the cancellation and modification conditions provided for in these General Conditions and the Traveler cannot invoke a right of withdrawal in this respect. .

Similarly, the Traveler will not be able to invoke a right of withdrawal for concierge services which fall within these exceptions.

Article 10 – Protection of personal data

As part of the Traveler's use of the Platform, the Company is required to process the Traveler's personal data. The stipulations relating to the processing of this personal data appear in the annex hereto, in the Confidentiality Policy document, accessible from all pages of the Platform and at the following address: https://annecylocation.com/fr/confidentiality-policy/.

Article 11 – Intellectual property

All brands, distinctive brand elements, domain names, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer elements which could be used to operate the Platform and more generally all elements reproduced or used on the Platform are protected by the laws in force regarding intellectual property.

They are the full and complete property of the Company and/or its licensors. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Company, is strictly prohibited. The fact that the Company does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.

Article 12 – Links to other sites

The Platform contains links to third-party websites, in particular to the sites of its Partners. These sites are not under the control of the Company which is not responsible for their content nor in the case of any technical problem and/or security breach originating from a hypertext link.

It is the Traveler's responsibility to make all necessary or appropriate checks before proceeding with any transaction with one of these third parties.

Article 13 – Entirety

The parties acknowledge that these General Conditions constitute the entire agreement concluded between them and supersede any previous offer, provision or agreement, written or oral.

Article 14 – Applicable law - Contract language

By express agreement between the parties, these General Conditions are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.

Article 15 – Domiciliation

The parties elect domicile at the addresses indicated when ordering for the Traveler and at the address of its head office for the Company.

Article 16 – Disputes

In the event of a dispute concerning only the services offered by the Company on its behalf and in its name, any complaint must be sent to the Company by registered mail with acknowledgment of receipt.

If the claim fails within thirty (30) days, the Traveler is informed that he or she may resort to conventional mediation, or any alternative method of settlement. disputes (conciliation, for example) in the event of a dispute.

To this end, the Traveler must contact the following mediator:

To be determined

The dispute cannot be examined by the mediator if:

• the Traveler does not justify having attempted, beforehand, to resolve his dispute directly with the Company by a written complaint;
• the request is manifestly unfounded or abusive;
• the dispute has previously been examined or is being examined by another mediator or by a court;
• the Traveler submitted his request to the mediator within a period of more than one year from his written complaint to the Company;
• the dispute does not fall within its scope of jurisdiction.

Failing this, all disputes to which these General Conditions could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences will be submitted to the competent courts.

If you withdraw, you can use the detachable form below

------------------------- -------------------------------------------------- -----------------------------------------

ORDER WITHDRAWAL

TERMS:

Complete, sign this form and send it by mail to the following address:

RIVAGE Real Estate

310 Rue Saint Bernard

74290 MENTHON-SAINT-BERNARD

or by email: contact@brcghome.com

I (or We) (*) hereby notify you (*) of my (or our) (*) withdrawal from the contract (*) below:

- subscribed on ________________________ (*)

- name of consumer(s):

_________________________________________________________________________

- address of the consumer(s):

_______________________________________________________________________________________________

Date ________________________

Only in the event of notification of this form on paper:

Signature of the consumer(s)

(*) Delete where unnecessary.

------------------------- -------------------------------------------------- ---------------------------------

Waiver of right of withdrawal

I would like the services ordered to be carried out before the expiry of the withdrawal period from which I benefit under the regulations in force.

I therefore expressly waive the exercise of the right of withdrawal from which I benefit under article L. 221-18 of the Consumer Code.