TERMS AND CONDITIONS OF SALE

Effective 01/01/2023

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply, without restriction or reservation, to all purchases of the following services:

Short-term rental of furnished accommodation

as offered by the Service Provider to non-professional customers (“the Customer”) on www.nice-renting.com.

The main features of the Services are presented on the www.nice-renting.com website.

The customer is obliged to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.

These terms and conditions are available at any time on the www.nice-renting.com website and shall prevail over any other document.

The Customer declares that he has read and accepted these General Terms and Conditions of Sale by ticking the appropriate box before placing an order on the www.nice-renting.com website.

In the absence of proof to the contrary, the data recorded in the Service Provider’s computer system constitutes proof of all transactions concluded with the Customer.

The Service Provider’s contact details are as follows:

NICE RENTING, SASU

Share capital of 1,000 euros

Registered with the RCS of NICE, under number 922084181

26 bd Victor Hugo 06000 Nice

mail: contact@nice-renting.com

telephone: +33(0)664316123

ARTICLE 2 – Prices

The Services are provided at the rates in force on the www.nice-renting.com website , at the time the order is registered by the Service Provider.

Prices are given in Euros, excluding VAT and including VAT.

Prices take into account any discounts offered by the Service Provider on the www.nice-renting.com website.

These prices are firm and non-revisable during their period of validity, but the Service Provider reserves the right to modify them at any time outside their period of validity.

Prices do not include processing fees, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is drawn up by the Service Provider and sent to the Customer when the ordered Services are provided.

ARTICLE 3 – Orders

It is the customer’s responsibility to select the services they wish to order on the www.nice-renting.com website, according to the following procedures:

Select booking criteria (apartment, dates, number of people, extras…), then validate and pay.

The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the www.nice-renting.com website constitutes the formation of a distance contract between the Customer and the Service Provider.

The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 4 – Terms of payment

The price is paid by secure payment as follows:

• payment by credit card

The price is payable in full by the Customer on the day the order is placed.

Payment data are exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the www.nice-renting.com website.

Payments made by the Customer will only be considered final once the amounts due have been received by the Service Provider.

The Service Provider shall not be obliged to provide the Services ordered by the Customer if the Customer does not pay the Service Provider in full in accordance with the above conditions.

ARTICLE 5 – Supply of Services

The Services ordered by the Customer will be provided as follows:

Management and rental of furnished accommodation for a limited period .

The said Services will be provided as from the final validation of the Customer’s order, under the conditions set out in these GTC, when the Customer places an order on the www.nice-renting.com website.

The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above.

If the Services ordered have not been supplied after the indicative supply date, for any reason other than force majeure or the Customer’s fault, the sale of the Services may be cancelled at the Customer’s written request under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction.

In the event of a specific request from the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the costs relating thereto will be subject to specific additional invoicing at a later date.

In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to be in conformity with the order, in terms of quantity and quality.

The Customer shall have a period of 24 hours from the provision of the Services in which to submit complaints by e-mail, with all supporting documents, to the Service Provider.

No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.

The Service Provider will refund or rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Customer.

ARTICLE 6 – Right of withdrawal

Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal.

The contract is therefore definitively concluded as soon as the order is placed by the Customer in accordance with the terms and conditions specified in these GCS.

ARTICLE 7 – Liability of the Service Provider – Warranties

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a design or manufacturing fault in the Services ordered under the following terms and conditions:

Legal warranty provisions

Article L217-4 of the French Consumer Code

“The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”

Article L217-5 of the French Consumer Code

“The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

– if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”

Article L217-12 of the French Consumer Code

“Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article L217-16 of the French Consumer Code.

“When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service, or from the date the item in question is made available for repair, if the item is made available after the request for service.

In order to assert his rights, the Customer must inform the Service Provider, in writing (e-mail or letter), of the existence of the defects or lack of conformity.

The Service Provider will reimburse or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 30 days of the Service Provider’s discovery of the defect or fault. This refund may be made by bank transfer or cheque.

The Service Provider’s guarantee is limited to the reimbursement of Services actually paid for by the Customer.

The Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French case law.

Services provided via the www.nice-renting.com website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of Services requested, to check.

ARTICLE 8 – Personal data

The Customer is hereby informed that the collection of his/her personal data is necessary for the sale of the Services and their performance and delivery, entrusted to the Service Provider. This personal data is collected solely for the purpose of fulfilling the service contract.

9.1 Collection of personal data

The following personal data are collected on the www.nice-renting.com website:

Ordering services :

When the Customer orders Services :

Full name, postal address, telephone number and e-mail address.

Payment

As part of the payment process for Services offered on the www.nice-renting.com website, the latter records financial data relating to the Customer’s bank account or credit card.

8.2 Recipients of personal data

Personal data is reserved for the sole use of the Service Provider and its employees.

The data controller is the Service Provider, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

8.4 limitation of processing

Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.

8.5 Data retention period

The Service Provider will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

8.6 Security and confidentiality

The Service Provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information over the Internet.

8.7 Implementation of customer and user rights

Pursuant to the regulations applicable to personal data, customers and users of the www.nice-renting.com website have the following rights:

• They can update or delete their data as follows:

_______________.

• They may delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
• They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.
• If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller”.
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”.
• They may also request the portability of data held by the Service Provider to another service provider.
• Finally, they may object to the processing of their data by the Service Provider.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must respond within one month.

Any refusal to grant the Customer’s request must be justified.

Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box to agree to receive informative and advertising e-mails from the Service Provider. You may withdraw your consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.

ARTICLE 9 – Intellectual property

The content of the www.nice-renting.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 10 – Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.