Terms and conditions of sale

SAS EDEN AZUR operates, directly or indirectly, (hereinafter referred to as the Operator) furnished apartments (studio and 2-room types) for transient customers or medium-term stays (hereinafter referred to as the Apartments) under the Eden Azur brand name.

TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale (hereinafter “T&C”) apply to all bookings, regardless of the sales channel used.

Article 1 – Booking

1.1 Acknowledgement of reservation: the reservation of an apartment with the operator is valid only after written confirmation of the reservation by the operator. The customer’s reservation is acknowledged by an e-mail sent by the Operator to the customer, summarizing and confirming the reservation.

In the case of online bookings, on the eden-azur.com website, the acknowledgement of receipt of the booking by e-mail summarizes the contract offer, the services booked, the prices and the conditions of sale relating to the tariff selected and accepted by the customer.

1.2 The customer, prior to ordering the services, declares that the booking of these services is made for his/her personal needs. As a consumer, the customer has specific rights, which would be called into question in the event that the services booked were for purposes that fall within the scope of his or her commercial, industrial, craft or liberal activitý. It is forbidden to carry out any commercial or professional activitý in the Apartments.

The customer is solely responsible for his choice of services and their suitability for his needs, and the Operator cannot be held liable in this respect.

All reservations are nominative and may not be transferred to a third party, whether free of charge or in return for payment.

1.3 The photographs presented on the site and/or in the catalog are not contractual. Although every effort is made to ensure that the photographs, graphics and text used to illustrate the apartments presented give as accurate an idea as possible of the accommodation offered, variations may occur, particularly as a result of changes in furnishings or renovations. The customer shall not be entitled to any claim as a result.

Article 2 – Rates

All bookings, whatever their origin, are payable in euros, unless otherwise specified.

Prices are flexible and variable according to various customizable criteria such as reservation date, start date of stay, length of stay, type of apartment (studio, 2-room, etc.).

They are per Apartment and per night for the chosen dates and length of stay, and according to the number of people occupying the Apartment (within the limit of the authorized maximum) and include: the rental of the Apartment, taxes and charges (water, electricity, heating).

Depending on local regulations, additional taxes, such as tourist tax, may be charged on arrival at the apartments.

Unless included in the price or specifically selected at the time of booking, additional services are optional and will, where applicable, be billed as extras.

Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of invoicing.

The price examples indicated “FROM” in the communication materials and on the website relate to a few selected nights and are only valid for the dates indicated.

Article 3 – Warranties

3.1 All reservations must be guaranteed with a credit card number valid on the date your stay begins and accompanied by a deposit of 30% of the total price of the reservation.

3.2 The guarantee may be used by the Operator in the event of non-payment by the occupant of sums due to the Operator for the provision of accommodation and/or services for any damage caused to the Apartments or common areas, or in the event of theft from the Apartments. The customer’s credit card, used for payment and guarantee of the stay, may be debited after departure, up to the amount of a repair estimate following the observation of deterioration of the apartment occupied by the customer.

Failure to comply with these terms and conditions will result in the reservation not being guaranteed.

3.3 The credit card used to make the reservation and valid identification must be presented on arrival.

Failure to do so may result in the Operator refusing you access to the Apartment.

3.4 For stays of more than 28 nights, a seasonal rental contract will be concluded between the Operator and the occupant at the time of arrival. The occupant must provide the following documents: last 3 pay slips, last tax assessment, proof of address, bank details, copy of ID and a bank guarantee in the form of a credit card number valid until the end of the stay. Reservations will not be guaranteed if all of these documents have not been received when the accommodation contract is signed.

Under no circumstances may the customer make the rented premises his principal residence, whether for professional, family or medical reasons. The customer undertakes to have an effective principal residence throughout the rental period.

Article 4 – Payment of reservation

Payment terms apply to all bookings, regardless of length of stay.

Payment methods 

For all bookings via the eden-azur.com website, payment can be made by credit card (Mastercard, Visa), or by any other means chosen by the Operator.

In the event of payment on site, payment may be made in cash (subject to legal limits), by credit card (Mastercard, Visa) or by bank transfer, subject to the Operator’s bank account being credited. Management refuses to accept bank cheques because of the large number of unpaid bills.

Attention

Late payment. In the event of non-compliance with the aforementioned payment deadlines, late payment penalties may be applied by the Operator. Penalties will be due from the day after the invoice due date at the rate of 15% per annum, applied to the total amount of the invoice including VAT. A fixed penalty equal to 15% of the sums due will also be payable in the event of contentious recovery.

Article 5 – Modification/Cancellation of reservation

5.1 General booking cancellation conditions: If cancellation occurs within 14 days of arrival, the Operator will charge a cancellation fee of 100% of the total booking price; if cancellation occurs more than 14 days before arrival, the Operator will not charge any fee. In the event of no-show by the occupant on the day of arrival, the Operator reserves the right to apply the following penalties: 100% of the total amount of the reservation.

With regard to ancillary services selected at the time of booking, the operator will not consider any cancellations made after the aforementioned deadlines. The amount of any ancillary services booked remains payable.

5.2 Conditions for partial cancellation of the reservation: any change to the date, length of stay or type of apartment in relation to the reservation initially confirmed by the Operator will be considered as partial cancellation of the reservation.

Given the degressive nature of the operator’s rates based on length of stay, if partial cancellation of a reservation corresponds to a change in length of stay, this is likely to result in a change in rate.

If the length of stay is less than that initially booked, the operator reserves the right to refuse the change and will charge the total amount confirmed at the time of booking.

In the case of a longer stay, confirmation will be subject to acceptance by the Operator and the change in rate will be applied from the date of announcement of the extended stay for the additional night(s). The rate change will not apply retroactively.

In addition to a change in rate, any partial cancellation of a reservation is liable to the payment of the following penalties:

In the event of partial cancellation before the arrival date, a cancellation fee will be charged:

• no charge for partial cancellations made more than 14 days prior to arrival
• 100% of the total amount if the partial cancellation is made within 14 days of arrival

To be taken into account, all cancellations (total or partial) must be notified :

1. Directly with the Operator by e-mail when the reservation has been made directly with the Operator:
2. Through the third-party reservation system used to book the Apartment.

5.3 Special cancellation conditions that deviate from the general conditions may be established on a case-by-case basis at the time of booking.

5.4 Specific cancellation conditions may apply when the stay is booked through an online travel agency such as Booking.com or Airbnb.com. See the conditions applicable on the platforms concerned.

Article 6 – Non-exchangeable / non-changeable / non-refundable / non-cancellable stays and offers

Some of our offers are stamped NON EXCHANGEABLE, NON REFUNDABLE. For these stays, the following conditions cancel and replace the above-mentioned cancellation and modification conditions:

Prepayment of the total cost of the stay: all bookings must be accompanied by payment of 100% of the total cost of the stay. Failing this, the reservation will not be guaranteed.

Non-exchangeable, non-refundable, non-cancellable and non-modifiable: in view of the preferential rate granted by the Operator, subscription to the offer and/or booked stays are neither exchangeable, refundable nor modifiable. No request for modification or cancellation will be considered. Whatever the date on which the reservation is cancelled, compensation equal to 100% of the total amount of the stay will be retained.

Non-use of any optional services booked and invoiced will not give rise to any reimbursement.

No-show: if you do not show up at the place of stay, compensation equal to 100% of the total amount of the stay will be withheld.

Article 7 – Arrival and departure

Keys are handed over from 4:00 pm to 12:00 am on the day of arrival, subject to presentation of the credit card used to make the reservation and a valid form of identification.

Keys must be returned by 10:00 a.m. on the day of departure. Beyond that, an additional night will be charged.

Article 8 – Occupancy

An Apartment is intended to be occupied by a specific number of occupants at the time of rental and may under no circumstances be occupied by a greater number of people. All children aged 2 and over are considered as full-fledged persons and are counted in the Apartment’s occupancy base. The operator informs you that it is not possible to add extra beds in the Apartments.

The rental is granted to the person declared at the time of booking, whose contact details and civil status are held by the operator. The occupant may not lend or sublet the Apartment to a third party for any reason whatsoever.

Article 9 – Minors

We would like to draw your attention to the fact that our apartments are not part of a vacation and leisure center as defined by decree no. 2002-883 dated May 3, 2002, and are not suitable for group or individual stays outside the family home for minors under 18, unaccompanied by their legal guardians. The Operator reserves the right to refuse access to the Apartment booked in breach of this rule to minors under the age of 18 who are not accompanied by their legal guardians when they arrive at the residence reception desk, and to cancel their stay immediately. Under the same conditions, the operator may cancel the reservation at any time prior to the start of the stay, if it discovers that the Apartment is intended to accommodate minors under the age of 18 who are not accompanied by their legal guardians. Such cancellations may not give rise to any reimbursement of fees previously collected by the Operator.

Children’s policy: accommodation is free for a baby under 2 (two) years of age staying in the parents’ apartment and must be mentioned at the time of booking. Baby kits can be booked in advance directly with reception (cot with linen kit), subject to availability.

Article 10 – Personal data

When you book a holiday with the Operator, the data collected is processed by the Operator. This personal data is necessary to create and validate the reservation and may be used to get to know the customer better and to send him information on the products and services of the group to which the Operator belongs. In the absence of this information, the Operator will not be able to register a reservation.

The data is intended for the Operator and its service providers. Data may be transferred to entities established outside the European Union in order to manage your reservation, to monitor your file as part of pre-contractual measures or on the basis of an authorization from the CNIL.

The Operator is responsible for the processing of your personal data for the purposes of commercial management of its reservations and customers, invoicing and payment, canvassing and commercial promotion/animation, commercial statistics and satisfaction surveys.

As required by law, you can read our Privacy Policy on our website eden-azur.com. You have the right to access, question, rectify or oppose the use of your personal data by SAS EDEN AZUR, as well as the right to define directives for the treatment of your data after your death, which you can exercise by sending a letter to :

SAS EDEN AZUR

143 avenue de la liberté

06220 – Golfe Juan

Article 11 – Internal regulations

Rules and regulations can be consulted in each apartment.

Each occupant is presumed to have taken due note of them. The occupant undertakes to keep the furnishings provided in each apartment in good general condition, and must report any defects, breakages or malfunctions to reception.

Please take certain precautions to avoid any inconvenience: close your windows before leaving your apartment, and make sure you have locked the apartment door. We remind you that the Operator cannot be held responsible for any personal belongings left inside your apartment when you vacate the premises.

The Operator reserves the right to enter the Apartments to carry out cleaning, check the general state of repair and enforce safety conditions.

Pets are not allowed in our apartments.

Smoking is strictly prohibited in the apartments and in the common areas of the residence.

It is strictly forbidden to organize private or public events, including parties and commercial activities in the apartments.

The apartments must be occupied with due respect for the neighbors during your entire stay. Noise pollution is strictly forbidden between 10 pm and 8 am.

The apartments offer Wifi access, enabling guests to connect to the Internet. The Customer undertakes to ensure that the computer resources made available by the Operator will not be used in any way for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the French Intellectual Property Code, where such authorization is required. The customer is obliged to comply with the security policy of les Appartements’ internet service provider, including the rules governing the use of security measures implemented to prevent the illicit use of IT resources. [ou autre dénomination utilisée dans la charte informatique de l’entreprise]and to refrain from any action that might undermine the effectiveness of these resources. Should the Customer fail to comply with the above obligations, he or she may be accused of counterfeiting (article L.335-3 of the French Intellectual Property Code), punishable by a fine of 300,000 euros and three years’ imprisonment.

In the event of failure by the occupier to comply with his obligations under the terms of the present contract, in particular failure to respect the internal regulations, the Operator reserves the right to interrupt his stay and retain the sums already collected.

Article 12 – Liability

12.1 We would like to draw your attention to the fact that the rental of furnished residences is not the responsibility of hoteliers. Consequently, the operator cannot be held responsible for loss, theft or damage to personal belongings, either in the apartments or in the communal areas.

12.2 The statute of limitations for sums due in respect of services sold by the Operator does not fall within the scope of the hotel statute of limitations (article 2272 of the French Civil Code). As an exception to article 2244 of the French Civil Code, the sending of a registered letter by the Operator to any debtor customer interrupts the applicable statute of limitations.

Article 13 – Applicable law

13.1 The Operator’s services and the T&C are governed by French law, without prejudice to the law applicable by virtue of the provisions of private international law. This applies to both substantive and formal rules.

13.2 The occupant may not avail himself of the legal provisions applicable to residential leases, in particular with regard to maintenance of the premises. The occupant undertakes not to elect domicile at the address of the establishment, either for tax purposes or in a professional capacity, nor to lend or sublet the Apartment to a third party in any capacity whatsoever.

13.3 In application of the regulations in force, the customer may be asked to fill in a police form on arrival at the apartment. To do this, customers will be asked to show a valid form of identification to verify whether or not they need to complete the police form.

Article 14 – After-sales service

Our teams are at your disposal during your stay to respond to your complaints, resolve any malfunctions and help you make the most of your stay. Please contact them if you have any queries.

Any complaint, after your stay, may be subject to :

– by registered letter with acknowledgement of receipt, addressed to the Operator – SAS EDEN AZUR , 143 avenue de la liberté, 06220 Golfe-Juan.

– by sending an e-mail to: reservation@eden-azur.com

within 2 (two) months of the end of your stay, so that we can respond as soon as possible. Please note that the longer it takes for you to notify us of your complaint, the more difficult it may be for us to resolve your claim in your best interests. Please specify in your letter the name of the person who booked the stay, the booking number, the place and dates of your stay and the type of apartment or room booked, so that we can process your request as quickly as possible. Likewise, we would be grateful if you could enclose with your letter any supporting documents that would enable us to limit the time it takes to process your claim.

Article 15 – Relocation

In the event of an exceptional event or the impossibility of making the reserved Apartment available to you, or in the event of force majeure, the Operator may offer you alternative accommodation, for all or part of the duration of your stay, in an Apartment of an equivalent category, for services of the same nature and subject to your prior agreement.

Any additional costs will be borne by the Operator.

Article 16 – Enforceability of the T&C

Registration for one of our holidays implies acceptance of our terms and conditions. To find out which conditions apply (including booking, payment, modification and cancellation conditions), please consult the online conditions on eden-azur.com. These General Terms and Conditions apply for as long as they are posted on the eden-azur.com website and may be amended and/or supplemented by the Operator at any time. In this case, the new version of the special conditions of sale by internet will be put online by the Operator.

As soon as the new version of the special terms and conditions for internet sales is posted online, it will automatically apply to all customers.

Booking a stay with the Operator implies acceptance of these T&C.

Any booking via the eden-azur.com website or mobile services implies full and unreserved consultation and acceptance of the General Terms and Conditions and the conditions of sale for the fare booked. The customer’s agreement to the General Terms and Conditions and the conditions of sale for the fare booked is obtained at the time of booking; no booking is possible without this agreement. The customer has the option of saving and editing the T&C using the standard functions of his browser or computer.

In the event that the General Terms and Conditions conflict with the special conditions of a tariff (non-modifiable, non-refundable public tariffs) or contract (Company, Leisure contracts, etc.), the latter shall prevail.