GENERAL CONDITIONS OF SALES OF THE MONTEFIORE RESIDENCE

MONTEFIORE SAS operates the www.MONTEFIORE site and its booking tool for booking stays.

The purpose of these general conditions (hereinafter “the General Conditions”) is to govern the relations between the CLIENT (hereinafter “the CLIENT”) and the company MONTEFIORE residence

ARTICLE 1. PURPOSE OF THE RENTAL AGREEMENT

The parties declare that this rental does not relate to premises rented for use as a main dwelling or mixed professional use and as a main dwelling.

Consequently, they agree that their respective rights and obligations will be governed by the provisions of this contract, by the decree of December 28, 1976 modified and failing this by the provisions of the Civil Code.

ARTICLE 2. DURATION OF SEASONAL RENTAL

2.1. Hours

This reservation is made and accepted according to the dates selected with a check-in from 15:00 minimum and expressly agrees to have vacated the premises according to the dates selected at 11:00 maximum.

2.2. Secure access to the residence

About 24 hours before the CUSTOMER’s arrival, SOCIETE MONTEFIORE will send the CUSTOMER the access codes and the accommodation instructions.

In addition to the codes, magnetic cards on request may be made available on the CUSTOMER’s arrival within the apartment.

2.3. Hours

The CUSTOMER can enter and leave the hotel 24 hours a day thanks to its secure digital door opening system with mobile phone or magnetic card.

The rooms can be occupied by the CLIENT from 3 p.m. on their first day of arrival.

Unless benefiting from the stipulations applicable in terms of early arrival or late departure, the rooms must be vacated by the CUSTOMER before 11:00 am Monday to Sunday, under penalty of being billed an amount equal to the rate in effect on the day of delay for one night for the corresponding room.

These sums are directly debited from the CUSTOMER’s bank account corresponding to the bank card number indicated to MONTEFIORE when booking or later.

2.4. Changed check in or check out times

Early arrival – Late departure: subject to availability, the CUSTOMER may request to have access to his room before 3 p.m. on the day of arrival or to keep his room after 11 a.m. until 6 p.m. on the day of departure. This service must be requested in advance for check in or on site for check out with the management of the residence against payment of an additional sum of € 49 per apartment and subject to its availability.

A confirmation will then be sent by MONTEFIORE by email to validate the possibility for the CUSTOMER to come before the check in time or to leave after the official check out time.

2.5. Access to the residence

In the interests of simplification and speed to access their arrival at their apartment 24/7, MONTEFIORE offers its CUSTOMERS secure access by QR code, a digital key.

For more comfort, MONTEFIORE can also on request make available in the apartments magnetic cards.

Magnetic cards or equivalent digital media must be returned within the apartment upon departure, under penalty of invoicing of 3 euros per missing medium or magnetic card.

The access codes for these media will only be valid at the time of the CLIENT’s stay.

ARTICLES 3. PRICES AND CHARGES

3.1. The prices

Our prices are expressed in Euros and are inclusive of all taxes and include Value Added Tax at the rate currently in effect.Any subsequent modification of the VAT rate in force or any creation of new taxes on the services provided, occurring between the time when the prices were determined and invoicing, will automatically entail a modification of the price including tax.

Certain additional or optional services are not included in the price: optional hotel services see article 3.3

The prices are flexible and variable according to different customizable criteria such as the date of reservation, the dates of stay, the duration, the typology of the Apartment (studio, 3 rooms, etc.), the addition of additional services ( breakfast … etc.).

They are understood by Apartment and by night for the dates and the duration of stay chosen, whatever the number of people occupying the Apartment within the limit of the maximum authorized.

An Apartment is provided for a determined number of occupants for rental and can in no case be inhabited by a greater number of people. All children, whatever their age, are considered as full-fledged persons and are counted in the occupancy base of the Apartment.

– Studio: 2 people maximum (+ cot possible) = 2 adults + child OR 1 child under – 3

possible years = 3 people max

– 3-room apartment (4 people + 1 extra bed possible or baby bed = 5 people max)

– 4-room apartment (6 people + 1 extra bed possible or baby bed = 7 people max)

3.2. Posts Included in the price

The rent includes, for the entire duration of the rental, the payment of the following rental charges and available supplies:

– City water

– Heater;

– Air conditioning;

– High speed wifi Internet access

– laundry on arrival

– end of stay cleaning

3.3. Optional hotel services

A la carte hotel services may be requested during the stay at the management at an additional cost and will be charged at the end of the stay.

Laundry is made available in the apartment upon arrival of the CLIENT (sheets, towels, hospitality products).

Additional services may be requested during the stay at the management and will be invoiced and debited at the end of the stay from the CUSTOMER’s bank account corresponding to the bank card number indicated to MONTEFIORE when booking or later.

– Cleaning services: daily cleaning, à la carte cleaning

– Additional laundry: additional towel pack, and additional sheet pack

– Room service throughout the day with Fuso, the restaurant in RC – Hours variable according to the season

– Mini bar in room

The full range of services is detailed in a room booklet.

3.4. Tourist tax

The tourist tax, collected on behalf of the municipalities, is not included in our rates. The amount varies depending on the municipality. They are requested at the time of booking.

MONTEFIORE cannot be held responsible in the event of an increase in this tax, which will then be passed on immediately

The price of the stay does not include the tourist tax per night and per person of stay which is € 5,36 € since 01/01/2023.

ARTICLE 4. RESERVATION

4.1. Reservation method

The reservation of an apartment in the MONTEFIORE residence is only valid after acceptance of the CLIENT’s reservation by MONTEFIORE. The confirmation of the CLIENT’s reservation remains at the sole discretion of MONTEFIORE.

In addition, the reservation must, to be firm, be guaranteed by a credit card issued by a reputable and valid institute and the deposit must be deposited, 48 hours before arrival, with our partner SWIKLY, see article 7

Payment can only be made by bank card or bank transfer. American Express is accepted. However, checks are not accepted by the establishment.

This reservation is concluded intuitu personae for the benefit of the sole lessee identified at the start of the contract.

Depending on the price list, the reservation requires prepayment in whole or in part at the time of booking online or by bank transfer.

In this case, the amounts due are

– directly debited from the bank account corresponding to the

bank card whose contact details were provided by the CUSTOMER

at the time of booking, after validation of the booking by MONTEFIORE

– Wire Transfer. The CUSTOMER contacts by phone or

mail to information@MONTEFIORE-apartments.com. Once the

reservation established with the Management of MONTEFIORE, the CUSTOMER

has 48 hours to justify the transfer. After this time,

MONTEFIORE retains the right to cancel the reservation whatever

the reason for the CUSTOMER.

4.2 Minimum duration of stays:

The minimum stay in the residence is 2 nights and may vary depending on the time of year.

Subject to availability and at MONTEFIORE’s discretion, the duration of the stay may be extended, without obligation to stay in the same apartment or at the same price. Any stay started, interrupted or shortened will not give rise to any refund even due to a case of force majeure. Any modification made to a reservation made through a partner (in particular on the Internet) must be modified by the latter exclusively.

 ARTICLE 5

DIFFERENT RATE PLANS

MODIFICATION – CANCELLATION and NON PRESENTATION

5.1. Tarifs

MONTEFIORE offers, depending on the time of year (low season and high season,), 3 different price plans

– A non-cancellable and non-refundable rate.

– A free cancellation rate called “flexible rate”

– A partially refundable rate

Depending on the type of rate chosen by the CUSTOMER when booking, the price of the reserved night (s) must be paid by the CUSTOMER as follows:

– A non-cancellable and non-refundable rate.

This is a preferential rate for the firm reservation of your stay

Payment in advance of the entire reservation (100%), non-refundable, non-modifiable offer, and cannot be canceled or transferred.

MONTEFIORE then retains the entire Prepaid amount when reserving on and does not make any refund in case of cancellation, modification or no show.

– Flexible rate or free cancellation

This rate allows the CUSTOMER to modify or cancel his reservation in full until D-14 days (check in 3:00 PM) before the start of the stay. A pre-authorization corresponding to the amount of the stay will be made at the time of booking.

After this deadline of D-14 days, it is no longer possible for you to modify or cancel your reservation, MONTEFIORE will then charge the full amount of the stay. In case of late notification of cancellation, modification or no show, no refund will be possible

 – A partially refundable rate which allows the CUSTOMER in the event of modification, cancellation or no show to be reimbursed of 50% of the amount of the stay paid when booking

The full prepayment of your rental is due upon booking but reimbursed at 50% in the event of cancellation, modification or no show.

The amount re-credited will be directly made to the bank account corresponding to the bank card whose contact details were provided by the CUSTOMER at the time of booking.

5.2 Changes to the fee schedule

MONTEFIORE may modify the prices of the different rooms at any time without this modification having any consequence for the CUSTOMER who will, in any event, be billed the price in force on the day of his reservation, except modification of the tourist taxes in force or introduction of new taxes,

MONTEFIORE may also modify the prices of hotel services. The prices applicable for these will be those on the day of their order by the CUSTOMER.

Montefiore can  offer specific packages for major events (Mipim, festival du film de Cinéma FIF, Lions…) . Special rates and conditions will apply.

5.3 In case of interruption during the stay or no show

There will be no refund. Similarly, in the event of early departure, the entire stay is due. Late arrivals or early departures cannot in any case give rise to reimbursement. NON PRESENTATION (“no Show”) is considered as the actual taking of the room.

ARTICLE 6 – WITHDRAWAL

The CLIENT is reminded, in accordance with article L. 121-20-4 of the Consumer Code, that he does not have the right of withdrawal as provided for in article L. 121-20 of the consumption, provided that the services are provided on a date or at a fixed frequency.

Without prejudice to the provisions referred to in article 5.5.1, the contractual conditions may, where appropriate, provide, depending on the content of the reservation validated by the CUSTOMER, and as indicated for each rate, a right of cancellation when the reservation is made under the heading “Flexible rates / Free Cancellation Rate”. In this case, the CUSTOMER was able to read the related cancellation conditions. Conditions also recalled during the various stages leading to payment.

ARTICLE 7 – DEPOSIT

3 days before your arrival, a deposit will be requested online with our partner SWIKLY as well as a valid identity document (passport or national identity card)

Swikly is our extra-secure online partner platform to guarantee booking guarantees. You will receive the deposit request by email, which sometimes, depending on your mailbox, can arrive in spam.

Swikly therefore generates a service charge of € 15 including tax regardless of the amount of the deposit.

Although this service incurs additional costs for your rental, here are the advantages:

– The administrative process is simplified, no need for check by registered mail or bank transfer, or cash

– You can deposit your deposit without being debited, thanks to a bank imprint

– The deposit does not impact your banking ceiling, your purchasing power is intact

– As a trusted third party, Swikly protects you from improper collections thanks to impartial arbitration ”

Regarding the amounts of guarantees requested just before the client’s arrival.

– Studio 500 €

– 3 rooms 850 €

– Duplex 1200 €

This deposit will not be cashed and will be canceled subject to a deduction made where appropriate of the sums covering the damage and / or degradation of the accommodation within a maximum period of 7 days after his departure.

Note that a listing of the apartment’s properties with their prices is made available in a document presented in each apartment within each apartment.

Furniture and movable objects should only suffer from depreciation from the normal use for which they are intended. Those who, at the expiration of this rental, are missing or out of use will be paid or replaced by the CUSTOMER on the basis of the grid indicated in the documentation in the apartment. The same is true for paintings, curtains, etc. Complete cleaning of the premises and, if necessary, cleaning leather sofas, bedding, blankets, mattresses etc. will be charged to the lessee, in addition to the rental amount.

 ARTICLE 8 – OBLIGATIONS OF THE TENANT

– D-48 hours THE CUSTOMER will have to prove his identity and will have given the security deposit to our partner Swikly, following the sending of a request by email from MONTEFIORE. If it is impossible to prove his identity and to transmit the deposit on the day of arrival, the reservation may be automatically canceled without any possible refund.

– THE CUSTOMER will peacefully use the rented accommodation and the furniture and equipment according to the destination given to them by the lease and will respond to damage and losses that may occur during the term of the contract in the premises which he has exclusive enjoyment.

– THE CUSTOMER will maintain the rented accommodation and return it in good condition to cleanliness and rental repairs at the end of the contract. If items in the inventory are broken or damaged, SOCIETE MONTEFIORE will claim their replacement value.

– THE CUSTOMER must avoid any noise likely to annoy the neighbors, in particular those emitted by music, television and other devices.

– THE CUSTOMER cannot exercise any recourse against LA SOCIETE MONTEFIORE in the event of theft and damage to the premises rented.

– THE CUSTOMER will respect the maximum number of people who can enter the premises, in accordance with the description given to him. See ARTICLE 3.1

– THE CUSTOMER may not object to the visit of the premises if SOCIETE MONTEFIORE or its agent so request.

– Regarding the outgoing cleaning included, the kitchen and the bathroom must however be clean, the dishes stored in the cupboards and the garbage must be thrown in the room provided for this purpose in the RC.

– If a delay of more than one day compared to the date of arrival has not been reported by THE CUSTOMER, LA SOCIETE MONTEFIORE may rightly, try to re-let the accommodation while retaining the right to turn against LE CUSTOMER

– THE CUSTOMER may not demand any compensation following a malfunction or work in the common parts of the building.

– THE CUSTOMER must use the property for residential purposes only. If THE CUSTOMER decides to organize a party or invite more than four people, THE CUSTOMER must notify LA SOCIETE MONTEFIORE. Additional charges may apply.

– It is strictly forbidden to smoke in the apartments, in case of non-compliance the deposit may be partially cashed for smoke extraction.

– Pets are strictly prohibited.

– THE CUSTOMER undertakes not to cause or authorize any noise or activity on the premises which could disturb the peace and calm of another CUSTOMER and / or neighbor, especially after 10 p.m. Said noise and / or activity must be a violation of this agreement

ARTICLE 9 – FORMATION OF THE ONLINE CONTRACT

The establishment’s contract is formed upon confirmation of the CUSTOMER’s reservation by MONTEFIORE including the allocation of the relevant reference number.

The establishment of the establishment’s contract can only take place after the CUSTOMER has previously chosen the content of his reservation which was completely summarized for him in the last step of the reservation process, that he has accepted these general conditions and finally that he has confirmed his reservation by clicking on the “Confirm Reservation” button. Otherwise, the reservation is considered as interrupted and cannot have any effect.

In all cases of online booking, a summary e-mail is sent to the CUSTOMER at the e-mail address he has indicated in the field reserved for this purpose. This email constitutes an acknowledgment of receipt of the reservation and confirmation of the reservation which summarizes the terms of the contract, the services reserved, the prices, the price conditions relating to the selected tariff, the information relating to after-sales service and commercial guarantees if they exist, the procedures for exercising the possible right of withdrawal or cancellation, as well as the address of MONTEFIORE to which the CUSTOMER can submit complaints.

ARTICLE 10 – RESPONSIBILITIES

MONTEFIORE cannot be held liable in the event of theft or damage to personal effects, in the apartments, including in individual safes, common premises, parking lots, the restaurant and any other outbuildings or annexes to the residence: as this accommodation contract is subject to the status of tourist residences, the provisions of articles 1952 and according to the civil code, relating to hoteliers, do not apply.

MONTEFIORE will not be held responsible for nuisances which would disturb, interrupt or prevent your stay in the event of force majeure or fortuitous event such as, for example, drought, flood, 

oil spill, general outage of electricity, gas, water, strike, work etc.

 ARTICLE 11 – CLAIM

For any complaint, do not hesitate to contact us by email or post

MONTEFIORE: 10 rue d’Alger – 06400 cannes

Email: information@montefiore-apartments.com

 ARTICLE 12. PERSONAL DATA AND COOKIES

 The personal data of the CUSTOMER collected by MONTEFIORE are subject to processing within the meaning of the law of January 6, 1978 modified relating to data processing and liberties for the purposes of performance of the Contract, in particular management of the reservation, sending of information, as well as payment and billing operations.

The processing of personal data carried out by MONTEFIORE is declared to the CNIL under the number XXXXXXX. The CLIENT’s personal data are kept for a period necessary for the performance of the service and the monitoring of the commercial relationship. The personal data of the CUSTOMER necessary to establish proof of a right or a contract will also be kept for the time necessary allowing MONTEFIORE to comply with its legal and / or regulatory obligations.

Bank card data is kept for the duration necessary for the execution of the Contract. In addition, they may be kept in an intermediate archive for proof for a period of 13 months, depending on the debit date or 15 months in the event of deferred debit payment cards, it being specified that they can only be used ” in the event of a dispute.

The personal data of the CLIENT collected by MONTEFIORE must be communicated to third parties (in particular the manager of the booking platform, the security of digital keys and the company in charge of the secure payment site) so that the services can be rendered. . Some of these third parties may be located abroad but still within the European Union.

These third parties may only use this data for the same purposes.

Third parties are committed to taking all necessary security measures to guarantee the confidentiality of the CLIENT’s personal data.

MONTEFIORE may use the CUSTOMER’s personal data for its own marketing operations by sending it, by any means whatsoever and in particular by e-mail, information on its products and services unless express opposition from the CUSTOMER when communicating the data personal or later by writing to the CUSTOMER SERVICE or by electronic means whose contact details are given in article 11.

ARTICLE 13 RESPECT FOR PRIVACY
In accordance with the Data Protection Act, the resident has a right of access, rectification and opposition to personal data concerning him. To do this, simply make the request in writing, at no cost other than those related to your shipment:

MONTEFIORE: 10 rue d’Alger – 06400 Cannes

Email: information@montefiore-apartments.com