NWH general terms and conditions of sale in force on 1st April 2024
These general terms and conditions of sale, the "GCS", govern the terms and conditions of the services that apply between New Ways Hosting, S.A.S.U. with capital of €1000, whose registered office is located at 39 rue Saint-Bertin 62500 SAINT-OMER, registered with the RCS of Boulogne-sur-Mer under number 838 440 592, "the Company", and any individual or legal entity that benefits from the Company's services.
The GTCS and the short-term furnished rental contract concluded in application of these form an indissociable contractual whole, the "Contract", with the request for a reservation from the Company implying full and complete acceptance of the GTCS. In the event of any contradiction between the terms and conditions of the GTCS and those of the short-term furnished rental contract, the provisions of the GTCS shall prevail. No special provision may take precedence over the GTCS in the absence of a prior agreement.
of the Company.
- Definition
By "Company" we mean the Company as defined above as well as its registered trademark Appart'Moment ;
By "User" we mean any natural or legal person who accesses our website;
By "Customer", we mean any natural or legal person who makes a reservation on our website;
By "Service", we mean the booking, hire and all ancillary services offered and detailed on the website: www.apartmoment.fr ;
By "Online Payment Service Provider", we mean MONETICO, a cooperative company in the form of a public limited company with capital of €5,458,531,008, registered in the Strasbourg Trade and Companies Register under number B 588 505 354, whose registered office is at 4, rue Frédéric-Guillaume Raiffeisen - 67913 Strasbourg Cedex 9.
I. The legal status of the contract
All rentals are entered into for temporary residential purposes. The Customer may not avail himself of the legal provisions applicable to residential leases, in particular as regards his continued occupancy of the accommodation. Consequently, the Contract will be governed by the provisions of the Civil Code applicable to seasonal lets and by the conditions set out herein. The premises may not be used as a principal or even secondary residence. The Customer may not carry out any professional, commercial or craft activity on the premises.
II. Booking
Reservations for accommodation made via our website are only valid once: (i) the Client's reservation has been accepted by the Company in the form of written confirmation from the
Company and; (ii) confirmation of full payment of the provisional hire.
III. PAYMENT TERMS Terms of payment
The price of the service, for the rental part, is paid in full by credit card when the reservation is made online, in accordance with the terms and conditions of use of these GCS. An option for payment by bank transfer in full may also be set up. The price of ancillary services included in the Services requested by the Client and confirmed by the Company will be paid in full by bank transfer on receipt of the booking confirmation email from the Company. The Company will have previously sent the Client a summary invoice for the Services and a full description of the booking.
IV. Awards
The rental price is quoted in euros. It is exclusive of tax (our company is not subject to VAT) and includes :
- the amount of the holiday selected by the Customer,
- consumption (water, electricity) for the agreed rental period,
- bed linen and towels,
- cleaning the premises prior to the Customer's arrival,
- tourist taxes.
The rental price does not include ancillary services.
The amount of the ancillary services shown on the Company's website includes the cost of the goods purchased on behalf of the Customer and the service charges as detailed above. The price is exclusive of VAT (the Company is not subject to VAT).
V. Security deposit
The Company requires the Customer to pay a deposit once the reservation has been made. The amount of the deposit is 250€ for studio, T2, T2 terrace and T3 flats, 500€ for flats with jacuzzi and 800€ for T4, T5 and T6 flats. This deposit, payable by credit card, will not be refunded in whole or in part by the Company in the event of damage to any part of the accommodation, in particular the following: walls, ceilings and floors,
opening and equipment of the accommodation. If no damage is found, the security deposit will be returned to the Customer immediately on the day of departure.
VI. Changes to the holiday
The duration of the stay is that stipulated in the short-term furnished rental contract concluded in application of the GTCS. Any changes made by the Client concerning the dates of stay, the number of nights and the accommodation must be sent by e-mail to the following address: contact.apartmoment@gmail.com at least 10 calendar days before the initially scheduled arrival date. This change may be accepted by the Company subject to availability and will be confirmed by e-mail.
In the event of early departure, the applicable price will be that corresponding to the rental period stipulated in the Contract.
VII. Withdrawal / Cancellation / No-show on the Customer's part
In accordance with article L. 121-21-8 12° of the French Consumer Code, the Customer does not have the right of withdrawal provided for in article L. 121-21 of the French Consumer Code.
If the reservation is cancelled 30 calendar days before the arrival date, the sums paid will be refunded to the Customer. The refund will be made by bank transfer 30 days after the cancellation.
If the booking is cancelled less than 30 calendar days before the arrival date, no refund will be made. The Company must be informed of the cancellation by email to the following address: contact.apartmoment@gmail.com or by post to the following address: SASU NWH, 43 Rue de l'Arbalète, 62500 Saint-Omer. Cancellations by telephone will not be taken into account.
In the event that unforeseen circumstances (fire - damage - burglary, etc.) render the accommodation inaccessible, the Company undertakes to rehouse the Client in a flat of the same or higher category without this changing anything in terms of date or price. In the event that this change cannot be made, all sums paid to the Company will be refunded to the Client.
If the Customer fails to appear, no refund will be made.
VIII. Arrival and departure arrangements
On arrival, the keys will be collected from a key box located on the door of the flat from 2 p.m. and from 5 p.m. for our larger flats, at the address of the flat booked, subject to availability:
- the return of the security deposit by the Customer.
On departure, the keys must be returned to the letterboxes provided before 12 noon.
The maximum departure time is 12 noon.
If the keys are not returned, the Company will retain the security deposit and reserves the right to take any necessary legal action against the Client for the loss suffered.
IX. Obligations of the Customer
The flat will be made available to the Customer in a perfect state of repair. The Customer shall use the rented premises and their installations honourably, peacefully and as a good father of the family. The Customer shall use the rented furniture and appliances in accordance with their intended use and shall not make any alterations or changes to the layout of the furniture or the premises.
The Customer must maintain and return the accommodation in a perfect state of repair and upkeep.
The Customer must not disturb the peace and quiet of the neighbourhood or other occupants, and must comply with the building's internal regulations, where applicable.
The Customer must also comply with the maximum occupancy standards for the rented accommodation set out in the booking description.
The Customer may not, even temporarily, modify the nature of the accommodation, even partially.
The accommodation may not be loaned. Any subletting and/or transfer, even partial, is prohibited.
The Client shall be liable for any damage or loss caused by its own actions or by the actions of persons who have enjoyed the property during its use of the premises, unless it can prove that such damage or loss was caused by a third party or by a fortuitous event outside the Client's control. In the event of a claim, the Client undertakes to inform the Company immediately.
The Customer must pay the rent and the security deposit at the time of booking.
X. Obligations of the Company
The Company shall :
- to provide the Customer with accommodation that complies with the description of the property and the equipment mentioned at the time of booking, in a good state of repair and in good condition,
- to maintain the premises in a condition suitable for the use provided for herein.
XI. Liability of the Company
The Company may not be held liable in the event of theft or damage to personal belongings and vehicles in the flats, common areas, car parks or any other outbuildings. The Client may not hold the Company liable if he/she considers that the photos on line do not reflect the reality of the property.
The Company shall not be held liable for temporary cuts in water and/or energy supplies, heating installations, etc., nor for changes in the layout of roads and access routes, nor for the closure of shops, businesses, etc.
In the event that the Company's liability is incurred, it will be limited to direct damage and to the amount of the hire provided for in the Contract.
XII. Due diligence
The members of the Company will make every effort to provide a quality service before, during and after the booking.
Any complaint may be sent by registered letter with acknowledgement of receipt to the Company under the conditions set out in Article XIV.
XIII. Termination / Penalty / Non-renewal.
The Contract will be terminated ipso jure, without formality and without delay, in the event of non-performance by the Customer of any of his obligations or inappropriate behaviour in the accommodation or common areas likely to disturb the peace and quiet of the neighbourhood. The Customer must leave the premises immediately and may be evicted if necessary with the assistance of the police, with the Company reserving the right to sue the Customer for any damage suffered.
XIV. Claims
Only claims relating to the failure or improper performance of the Contract are covered by this Article.
Complaints should be sent to the Company at the following address:
SASU New Ways Hosting 39, rue Saint-Bertin, 62500 Saint-Omer
In addition, the lessee has the right to oppose, access and rectify his/her personal data by writing to the Company at the same address.
XV. Applicable law - Dispute
The GCS are governed by French law. Any dispute relating to its performance or interpretation shall be subject to the exclusive jurisdiction of the French courts.