COOKIES POLICY

The Terres d'Exception company (called "the Service Provider") is a service provider, stewardship, concierge and rental management company for individuals (called "the Client"). The Service Provider may intervene, according to the agreement of the Parties and according to the skills necessary for the provision of services, as a direct Service Provider or as an intermediary in the context of connecting customers and service providers or suppliers. third parties (hereinafter referred to as the “Services”).

REMINDER OF THE CONSUMER CODE

In accordance with Article L 121-21-8 Consumer Code relating, in particular, to accommodation services provided on a given date or for a specific period, the Tenant's attention is drawn to the fact that he does not benefit not the right of withdrawal provided for in article L 121-21.

PURPOSE AND APPLICATION OF THE GENERAL CONDITIONS OF SALE

The purpose of these General Terms and Conditions of Sale (GTC) dated April 1, 2019 is to govern the terms and conditions applicable between the Service Provider and its customers for the performance of the Services provided either on an ad hoc basis or on a regular basis by the subscription of a package.
Any order for Services irrevocably implies the Customer's acceptance of these T&Cs (accessible on the website www.terresexception.com. The details of the service will appear on the Service contract to be signed by the Client. The Customer declares to have read and accepted the T&Cs before placing any order for Services.

ORDER

Conditions applicable to all orders

Any order will only become final after it has been confirmed in writing by the Service Provider electronically or by post. Any request for modification or cancellation by the Customer of an order confirmed by the Service Provider, must be made at least three (3) calendar days before the start of the Services to be taken into consideration by the Service Provider. It being specified that any request for modification nevertheless remains subject to the assessment and acceptance of the Service Provider. Any request for modification or cancellation by the Customer occurring after the period defined in the previous paragraph may be rejected by the Service Provider. In such a case, the price of the order will remain due by the Customer and the sums already paid by the Customer will not be refunded under any circumstances.

Special conditions for the Services for which the company acts as an intermediary

The ordering of Services by the Customer from the Service Provider does not in any way imply that the service is provided directly by the Service Provider. Despite all the care taken by the Service Provider, if the latter only intervenes as an intermediary or agent in the relationship between the Client and the Service Providers and Third-Party Suppliers, the Service Provider shall not incur any liability relating to the execution of the sales and/or service contract. The Service Provider may also not be held liable for damages or harm of any kind whatsoever, which may be caused by Third Party Service Providers and Suppliers, including delays in delivery/performance or non-compliance of a service. Delays in completion do not lead to cancellation or modification of the order.

RATES AND REGULATIONS

The Services will be invoiced on the basis of the prices defined in the price proposal established by the Service Provider for the Customer. Unless otherwise specified, price proposals are free and valid for three (3) months. Beyond this period, a new tariff proposal must be drawn up. For Services billed by the hour by the Company, any half-hour started will remain due in full.
Notwithstanding the previous paragraph, the Service Provider may be required to modify the price of the Services (including in the context of a Flat-rate Contract). The Customer will be informed at least one (1) month before the entry into force of the modifications.
With the exception of Services provided under a Fixed Price Contract, upon completion of the Services, an invoice will be sent to the customer. After agreement of the Parties, the Services may be invoiced on a monthly basis in the case of regular or recurring Services.
For any Flat-rate Contract, a monthly invoice will be sent to the customer at the end of the month for the Services performed during the month. Invoices will be sent to the customer by e-mail or, on request, by post. Payment will be made upon receipt of invoice and no later than fifteen (15) days after the date of dispatch of the invoice. Payments can be made by cheque, bank transfer or cash.
In the absence of payment on the due date, late payment penalties will be applied at the legal interest rate in force.

RIGHT OF WITHDRAWAL IN CASE OF DISTANCE SELLING

French law extends the right of withdrawal to 14 days from the date of the order or the validation of a price proposal made by internet, by correspondence or by telephone. During this period, the Customer may cancel his order. To do this, please send an email to anestride@terresexception.com.
The Service Provider cannot take into account any request for oral withdrawal. According to article L121-20-13 of the Consumer Code, the Customer has 14 days from the date of dispatch of his order to change his mind. During this period, the Customer may change his mind and cancel his order without having to provide proof or explanation.
He will not be liable for any amount in respect of penalties or other. Any deposit paid with the order will be refunded in full, at the latest within 30 days after notification of the withdrawal (according to article L121-20-1 of the Consumer Code). The service will only take effect at the end of this 14-day period if the Customer has not used his right to withdraw (according to article L121-20-13 of the Consumer Code).
The Services ordered will take effect at the end of the withdrawal period. However, if he is certain that he does not wish to use his right of withdrawal and that he wants the Services to begin before this 14-day period, the Customer may expressly waive his right of withdrawal by indicating it in a handwritten manner. . Therefore, the Services may begin upon receipt of the order form.

TERMINATION

In the case of a Flat-rate Contract, if it expressly provides for the possibility for the Customer to terminate the Flat-rate Contract prematurely, this termination can only take place after receipt by the Service Provider of a denunciation of the Flat-rate Contract by written notification of the customer by post. In such a case, the termination of the Fixed Price Contract will be effective at the end of the month following receipt of the notification. The Services, subject of the Flat-rate Contract, will be performed and invoiced until the effective date of termination.
The Service Provider reserves the right to terminate a Package Contract binding it to its client at any time and without having to justify it. If sums have been committed by the Customer for Services not yet performed, a refund will then be made.
In the event of non-payment by the Customer on the due dates agreed in the Flat-rate Contract, the Service Provider may terminate the Flat-rate Contract without any compensation being charged to it and without prejudice to any claim for damages. by the Provider.

LIABILITY AND INSURANCE

The Client expressly acknowledges that in the context of its Services, the Service Provider is only bound by an obligation of means, whether for the Services provided as a service provider or as a simple intermediary. As part of the Services provided by the Service Provider as an intermediary, in addition to its liability as an intermediary, the Service Provider cannot be held liable for any dispute relating to the quality of the products or services (including compliance with deadlines or specifications) delivered or carried out by a Service Provider and Third Party Supplier.
If the Client entrusts a set of keys to his home to the Service Provider in order to perform a Service in his absence, a discharge will be signed by the Client so that the latter – declares that he does not have cash, jewelry or any other object of value to his home and – releases the Service Provider from any liability in the event of damage that may result from the intervention or occupation, even temporary, of his home by third parties.
Under no circumstances will the Service Provider be required to compensate immaterial (consecutive or not) or indirect damage, such as, in particular, loss of market, commercial loss, loss of profit, etc. In any event, the Service Provider's liability will be limited to direct material damage caused by a proven fault on its part and may not exceed 30% of the amount of the order concerned.
The Service Provider holds a professional multi-risk insurance policy for the performance of its activity.

RENTAL MANAGEMENT

State of play

An inventory with the inventory of furniture, equipment, materials and objects will be established in a contradictory manner between the Owner (or the Service Provider) and the Tenant when the keys are handed over to the Tenant and when he leaves the premises and this under the sole irrevocable liability of the lessor. If the arrival inventory cannot take place, the Tenant will be required to report incomplete inventories and make comments on the inventory within 72 hours of taking possession of the premises. After this period, he will be responsible for claims, damage, lack of inventory (non-exhaustive list) noted later.
The owner may, under his exclusive responsibility, delegate the establishment of the inventory of fixtures of entry or exit under the conditions recalled in the mandate.

Duration

The rental may not be extended without the prior written consent of the Owner or the Service Provider, the Tenant thus accepting it. In the event of extension of the rental, the total duration of the rental may not be extended to more than ninety days.
The Tenant declares on his honor that he does not exercise and does not seek to exercise any profession in the rental and that the premises covered by this contract are only rented to him as a temporary residence, a major condition without which this rental could not have been granted.

Deposit – Penalty clause

The amount paid by the Tenant upon signing hereof constitutes a deposit in accordance with Article L 114 - 1 of the Consumer Code, which the parties accept and acknowledge.
This amount will be deducted from the total amount for the rental provided for herein.
In the event of withdrawal by the Tenant, he will lose his deposit if he withdraws more than six weeks before the start date of the rental.
If he withdraws less than six weeks before the scheduled rental start date, he will also be required to pay the Service Provider the difference between the deposit and the total rental price, as a penalty clause.
However, if the property covered by this agreement can be re-rented under the same conditions, only the deposit will remain due.
Any withdrawal must be sent to the Service Provider by registered letter with acknowledgment of receipt. In the event of early departure during the rental, for any reason whatsoever, the total amount of the stay will be due.
The Tenant undertakes, in the event of withdrawal by the owner or other particular case, to accept another rental which would be proposed by the Service Provider. In this case, Terres d'Exception would offer the tenant a property in the same category allowing the same number of people to be accommodated and in the same price range (+/- 10%). In the event of refusal by the tenant of this new offer, or if Terres d'Exception does not find a substitute property, the reservation will be purely and simply canceled and the Tenant will be immediately reimbursed without being able to claim any compensation.

Security Deposit

As a guarantee of the full performance of its obligations and as surety for the damage which could be caused to the premises, furniture, equipment, materials and objects furnishing the rented premises, the Tenant will pay the Owner (or the Service Provider) on the day of the delivery of the keys, the sum provided for this.
This amount will not bear interest. This deposit will be returned by the Service Provider to the Tenant, after deducting the price of replacing furniture, equipment, materials and missing or damaged objects, any costs for repairs, additional cleaning and various charges not included in the amount of the rent. .
If the rent includes all charges, this refund will be made by the Owner (or the Service Provider) no later than four (4) weeks after the end of the rental.
If the Tenant must pay in addition to consumption (for example, telephone, electricity, etc.) this refund will be made by the Owner (or the Service Provider) after receipt of the corresponding statement and after deduction of the share attributable to the Tenant.
If the sum thus paid as a guarantee proves to be insufficient, the Tenant will pay the Owner (or the Service Provider) any additional sum on presentation of supporting documents by the latter, within eight days of said presentation. Terres d'Exception cannot be held liable in the event of total or partial collection by the owner.

Cancellation clause

If the Tenant refuses to leave the premises, it will suffice to compel him to do so with an interim order issued by the President of the Tribunal de Grande Instance in whose jurisdiction the rented property is located. In addition, it is expressly agreed that any sum not paid on its due date will, under article 1226 of the Civil Code, be increased by 10% as a penalty clause and this, eight days after the sending of a letter registered letter with acknowledgment of receipt claiming payment and indicating its intention to invoke the penalty clause, without derogating from the resolutive penalty clause previously stated and without prejudice to the damages and interest that may be claimed due to the failure of the Tenant. The costs and fees of the procedure would be borne by the Tenant.

Claim

The descriptions of the accommodations are given by Terres d'Exception under the full responsibility of the Owners. Terres d'Exception declines all responsibility for any modifications made to the accommodation by the owner without their knowledge. However, in the event of a complaint, the holidaymaker must, upon arrival, contact Terres d'Exception or at the latest on the next working day (before 12:00 p.m.) and confirm his complaint in writing within 24:00 hours. following his arrival.
The offices of Terres d'Exception are open all year round, Monday to Friday from 9.30 a.m. to 5 p.m.).
The Tenant undertakes to allow Terres d'Exception the time necessary to verify, possibly on site and in the presence of the Tenant and the Owner, the reasons for the complaint, any liability and to find a solution. Any complaint that is not made within the times indicated and in writing, will not be taken into consideration by Terres d'Exception.
If the Client leaves the accommodation before the arrival of the representative of Terres d'Exception and without written authorization from Terres d'Exception, he will lose all rights to any reimbursement. No complaint presented after the end of the stay in the accommodation will be taken into consideration or give rise to any reimbursement and/or compensation.
Similarly, neither the Owner nor Terres d'Exception can be held responsible for irregularities that may occur in the electricity, water, gas or telephone services, the Internet, or work bordering or not on the rental and decline any liability for the lack of enjoyment not resulting from their fault, including for neighborhood disturbances or other nuisances outside the rented part. This contract limiting the role of the Service Provider to that of intermediary between the parties, its liability cannot be engaged by the owner or the tenant.

CUSTOMER/OWNER COMMITMENT

The Customer undertakes to comply with all the laws and regulations applicable to him, in particular those relating to the rental of furnished tourist accommodation. Under no circumstances shall the Service Provider be liable for the Customer's failure to comply with his legal or tax obligations.
The Customer undertakes to take out insurance against all risks and direct or indirect damage that may affect all of its equipment and installations and declares that it is and will be, for the duration of these presents, covered by all policies insurance in accordance with the practices in the matter, in particular with regard to its civil liability with regard to third parties.
The Owner undertakes to make available to the Tenant the rented property with its furniture, equipment, materials and objects in accordance with the description annexed to the contract and to respect the obligations resulting from this agreement. The Owner (or the Service Provider) being irrevocably responsible for the description of the property provided to the tenant.
Terres d'Exception cannot be held liable in the event that modifications affecting the rented property or its environment have not been brought to our attention by the Owner on the date of the reservation or which occur between the time of the reservation and entry into the premises of the tenants. Terres d'Exception cannot be held liable for any fault on the part of the Owner in this regard. The Owner remains fully responsible at all times for the provision of the rented property.

TENANT'S COMMITMENT

The Tenant undertakes to take possession of the leased property, on the date of availability fixed in the contract and in the state in which it will be when it takes possession and as described in the descriptive statement appended to the contract.
Furniture and movable objects should only suffer from depreciation resulting from the normal use for which they are intended. Those which, at the expiration of this agreement will be missing or will have been put out of service, for a cause other than normal wear and tear, must be paid for or replaced with the prior agreement of the Owner, by the Tenant. This clause also applies to papers, hangings and the building in general.
It will be retained, if necessary:

The value of broken or cracked objects
The price of washing or cleaning carpets, blankets, mattresses, bedding, etc. … which would have been stained.

The Tenant undertakes to use the furniture and objects furnishing the rented property for the use for which they are intended and in the places where they are located. It is strictly forbidden to transport them outside the rented premises.
The Tenant must absolutely refrain from throwing in sinks, bathtubs, bidets, sinks, laundry rooms, WCs, etc. … objects likely to obstruct the pipes, failing which, he will be liable for the costs incurred for the re-commissioning of these devices.
Under penalty of termination, the Tenant may not, under any circumstances, sublet or assign his rights to this agreement without the express consent of the Owner or the Service Provider; he must live in the rented premises and may not, under any circumstances, store furniture there, except for linen and small objects.
Similarly, the Tenant may under no circumstances use the rented property to organize exceptional events such as weddings, birthdays or other celebrations... without the prior consent of the Owner (or the Service Provider). No caravans, tents, mobile homes, motorhomes or other shelters are allowed on the property grounds. Any breach of these rules would place the Tenant in breach of this contract.
The premises currently rented must under no circumstances be occupied by a number of people greater than that indicated in the contract, except with the prior agreement of the Owner (or the Service Provider). The Tenant must confirm the exact number of occupants. Any excess of the authorized number of tenants will be invoiced in proportion to the number of people without taking into account the duration of the presence of the additional people. The provision of additional beds is strictly prohibited, except for baby beds, on the sole condition that the presence of said babies is mentioned on the rental commitment.
The Tenant will have to let carry out in the places, the urgent works if necessary for the maintenance in state of the rented premises and the elements of common equipment. The Tenant must also leave access to the rented property to the various parties in charge of the routine maintenance of the swimming pool, the garden and the cleaning when this is planned.
The Tenant may not introduce any animal into the premises currently rented, even temporarily, except with the express agreement of the Owner (or the Service Provider). In the event of rental in a building, the Tenant will comply, as occupants of the premises, with the internal regulations of the building. The Tenant must immediately report to the Service Provider any malfunction as well as any deterioration, whatever the cause.

COMPUTER PROCESSING OF INFORMATION

In accordance with the amended Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and delete information concerning him. To exercise these rights, the Customer may contact the Service Provider, using the contact details above.

CONFIDENTIALITY

The Service Provider and the Client undertake, at all times, to respect the confidentiality of the information communicated by the other party or of which it becomes aware from this other party, before, during or after the performance of the Services. Therefore, unless there is a written, express and prior agreement from the other party, each of the parties undertakes:

not to communicate this confidential information to anyone other than those who need it for the smooth running of the Services (including Third-Party Service Providers and Suppliers),
not to make any use of it other than for the proper performance of the Services.

For the purposes of this article, "confidential information" means any commercial, financial, personal or other information of a confidential nature, belonging or held by one or other of the parties and which will be communicated, in any form whether to the other party within the framework of the Services.

APPLICABLE LAW – COMPETENT COURTS

This contract is subject to French law. Any dispute resulting from its execution will be submitted to the courts on which the Service Provider's registered office depends.

TRANSLATION VALUE

The this agreement is drawn up in French and translated into English. In case of discrepancy between the two versions, the French version will prevail.