General customer rental conditions
Preamble
We thank you for taking the time to carefully read the provisions of these General Conditions which govern your contractual relations with PUGLIA IMMOBILI and the Owner/Lessor.
The company PUGLIA IMMOBILI, operating in the form of a limited liability company with a share capital of 10,000.00 euros, whose registered office is located at Via Euippa n°22, 73100 – Lecce, Italy; registered with the Chamber of Commerce, Industry, Crafts and Agriculture of Lecce, under number 05183260750, (hereinafter “PUGLIA IMMOBILI”) manages a website accessible via the address https://www. puglialuxuryhomes.com (hereinafter the “Website”) allowing owners/lessors of high-end real estate (hereinafter the “Owners/Lessors”) to offer them for seasonal rental to customers wishing to reserve such goods (hereinafter the “Customers” or “Lessees”).
These general conditions (hereinafter the “General Conditions”) contain four parts:
(1) The general conditions for reservation of goods which govern the contractual relations between PUGLIA IMMOBILI and the Client for the reservation of goods offered on the Website (hereinafter the “General Conditions of Reservation”) ;
(2) The general conditions of the seasonal furnished rental contract which govern the contractual relations between the Client/Lessee and the Owner/Lessor (hereinafter, with the specific rental conditions including the description sheet of the rented property (the “Descriptive Sheet “) and the specific rental conditions, the “Rental Agreement”). PUGLIA IMMOBILI intervenes in this contract as agen of the Owner/Lessor, that is to say in his name and on his behalf, to conclude the Rental Contract with the Client;
(3) The general conditions of the services provided by PUGLIA IMMOBILI during the Customer’s stay in the rented property (hereinafter the “Conditions General Services”);
(4) The provisions relating to applicable law and the resolution of disputes between the Client and PUGLIA IMMOBILI. They apply in addition to the General Conditions of Use of the Website (hereinafter the “CGU”) and the Privacy Policy.
Confidentiality, which can be consulted via a hyperlink located at the bottom of each page of the Website. In the event of a contradiction between the CGU, the Confidentiality Policy and the General Reservation Conditions, the Parties agree that these General Conditions will prevail.
The General Conditions are subject to modification at any time, and without notice, those applicable being those in force on the day of the online reservation of the property by the Customer on the Website and accepted by the latter.
The fact of the Client reserving a property through PUGLIA IMMOBILI implies full and unreserved acceptance by the Client of these General Conditions as defined above.
These General Conditions apply solely and exclusively to conventions and agreements concluded with the company PUGLIA IMMOBILI. In the event that conventions or agreements are concluded with other companies in the group, in particular subsidiary companies located abroad, other general conditions may apply.
Personal Data / Confidentiality Policy
PUGLIA IMMOBILI may ask you to provide it with your personal information when it is necessary for the provision of its services. Your personal data is collected and processed under the conditions detailed in Appendix 1 “Personal Data”. This Appendix 1 forms an integral part of these general conditions. In addition, any information communicated on the Website will be used in accordance with our Privacy Policy. This defines in particular the terms of the processing of personal data as well as the exercise of your rights in terms of data protection.
1 / General Reservation Conditions
1.1 Purpose Scope
These General Reservation Conditions govern the relationship between PUGLIA IMMOBILI and the Client in the context of the online reservation of a property by the Client via the Website. The Owners/ Lessors are not parties to this contractual relationship.
1.2 – Reservation
1.2.1 – Selection and reservation process for properties and additional services
The Customer can reserve a property according to two different methods:
(i) Either by contacting an Advisor from the PUGLIA IMMOBILI team (hereinafter the “Advisor”) for advice;
(ii) Either by directly selecting a property on the Website www.puglialuxuryhomes.com and following the reservation process which will be validated after payment of 50% of the total amount.
The Customer can then make requests for information concerning one or more additional services by completing the form available on the Site.
The Client’s request(s) will be transmitted to one of PUGLIA IMMOBILI’s Advisors. He will confirm their availability and the rate applicable to the desired dates, of each of the services to the Client. He will also advise the Client on his selection or make other service proposals based on his criteria and expectations.
The Customer is informed that:
PUGLIA IMMOBILI makes its best efforts to ensure that the prices mentioned on the Website are fair. However, it may happen that the Owner/Landlord changes them or that an entry error occurs. Only the prices confirmed in the Special Rental Conditions will bind the parties to the Rental Contract.
The descriptions of the houses are also given with all possible precision by PUGLIA IMMOBILI but it may happen that descriptions are incomplete. PUGLIA IMMOBILI cannot be held responsible in the event of a minor difference between the description of the house and the rented property.
The names of properties referenced on the Website may not correspond to the actual names of those properties for reasons of privacy or other reasons
1.2.2 – Modification of the reservation by the Customer
If the Customer wishes to modify the reservation made, he must inform PUGLIA IMMOBILI as soon as possible before the start of the stay in the rented property in order to obtain the agreement of the Owner / Lessor and PUGLIA IMMOBILI who will have no obligation to accept. Changes to the Client’s initial reservation must be noted in a written agreement signed by PUGLIA IMMOBILI and the Client.
The Client must reimburse PUGLIA IMMOBILI for the expenses reasonably incurred by PUGLIA IMMOBILI in order to make the requested modifications.
1.2.3 – Modification of the reservation by PUGLIA IMMOBILI
Any modification made by PUGLIA IMMOBILI in the conditions of the reservation made by the Client is subject to the latter’s agreement. If the Client accepts these modifications, PUGLIA IMMOBILI undertakes to make its best efforts to offer a solution as close as possible to the conditions of the Client’s initial reservation.
Changes to the Client’s initial reservation must be noted in a written agreement signed by PUGLIA IMMOBILI and the Client.
In the exceptional circumstance where the property reserved by the Customer is no longer available for rental at the time the contract is concluded (for example because it has been sold, is no longer compliant following disasters or has already been rented shortly before the Client’s reservation without PUGLIA IMMOBILI having been informed), PUGLIA IMMOBILI will inform the Client as soon as possible (and at most within 3 days following the reservation) and will reimburse all sums paid by the customer.
PUGLIA IMMOBILI will use its best efforts to assist the Client in finding another property to rent during the desired reservation period.
1.3 – Price
Prices are expressed in Euros, all taxes included, and take into account the VAT applicable on the day the contract is concluded.
PUGLIA IMMOBILI is responsible for collecting the tourist tax and remitting it to local authorities (except for exceptions for certain local authorities and/or for owners represented by agencies).
Unless otherwise stated in the Rental Contract, the Client must pay the tourist tax directly to PUGLIA IMMOBILI.
1.4 – Payment terms
For each reservation, a deposit corresponding to a percentage of the rent amount must be paid by the Customer at the time of validation of the contract. Payments must be made from a bank account opened in the Customer’s name. Exceptions are possible subject to clarification and justification of the legal nature of the link with the third party payer(s).
The balance of the rent must be paid no later than one (1) month before the start date of the rental, unless expressly stated otherwise in the Rental Contract. The security deposit must be paid no later than fifteen (15) days before the rental start date.
Failing this, if despite a reminder from PUGLIA IMMOBILI, the Client does not pay, he is exposed to automatic termination of the Rental Contract.
The amounts due are payable by the Customer:
(i) by interbank transfer to the PUGLIA IMMOBILI account using the contact details indicated in the reservation confirmation email (the Client will send to PUGLIA IMMOBILI a copy of the transfer notice); Or
(ii) by credit card, via a secure web payment infrastructure (RaccoonPay platform or other service provider). Costs related to the use of this platform are the sole responsibility of the Client.
Other forms or means of payment (including checks and cash) will be refused by PUGLIA IMMOBILI.
The reservation will only be confirmed subject to payment of the deposit by the Client, within a maximum period of five (5) working days following the payment request made by PUGLIA IMMOBILI.
Any late payment obliges PUGLIA IMMOBILI to reconfirm the availability of the property with the Owner/ Lessor and exposes the Client to the cancellation of his reservation by PUGLIA IMMOBILI, who may then rent the property again on the dates selected by the Client.
1.5 – No right of withdrawal
Pursuant to article L.221-28 12° of the Consumer Code, the right of withdrawal available to the consumer for contracts concluded remotely cannot be exercised for contracts relating to the provision of services, accommodation, other than residential accommodation, which must be provided on a specified date or period.
Consequently, the Customer does not benefit from any right of withdrawal once the reservation has been made, whether he contracts as a consumer or professional.
1.6 – Cancellation of the reservation
1.6.1 Cancellation of the reservation by the Customer.
If the Customer cancels his reservation (totally or partially, including during his stay), he will not be reimbursed for the sums already paid, as well as the price of additional services already paid to PUGLIA IMMOBILI for the organization of his stay. However, if the Owner/ Landlord manages to find another tenant on the agreed dates, he may, on a commercial basis, waive payment of the entire rent. In any event, the deposit collected by PUGLIA IMMOBILI will not be refunded to the Client in the event of cancellation by the latter.
1.6.2 – Cancellation of the reservation by the Owner/Lessor
If the Owner/Landlord decides to cancel the reservation, PUGLIA IMMOBILI will make its best efforts to offer the Client a stay in another property of equivalent standing and located in the same destination. If no property of equivalent standing, in the same destination, is available, the Client will be refunded the amount of sums paid as a deposit upstream of the rental start date.
The Owner/Lessor will also be required to compensate the Customer for the damage suffered as a result of this cancellation, under the conditions of common law.
The Owner/Lessor may only be exempt from his restitution and compensation obligations by providing proof of the occurrence of a case of force majeure which prevented him from making the property reserved by the Customer available to him.
No restitution of the sums paid by the Client nor any compensation on any grounds whatsoever will be due by the Owner/Landlord and/or by PUGLIA IMMOBILI to the Client in the event that the reserved property cannot be made available to the Client, totally or partially and/or if the current stay should be interrupted, as a result of facts or events such as foreign or civil war, terrorism, sabotage, riots, strikes; earthquakes, volcanic eruptions, tidal waves, fires or more generally any other natural disaster event; nuclear, bacteriological, chemical or industrial incidents; epidemics or pandemics; decisions of a public authority restricting the movement or rental of the real estate; total or partial destruction of the property following the signing of the Rental Contract.
1.7 – Responsibility
PUGLIA IMMOBILI is only responsible towards the Client for the connection and reservation service it offers PUGLIA IMMOBILI declines all liability in this respect, in particular with regard to the acts, actions, behavior, wrongful abstentions and possible negligence of the Owner/Lessor.
PUGLIA IMMOBILI cannot be held responsible in the event of inconveniences or damages inherent in the use of the Internet network, in particular a break in service, an external intrusion, the presence of computer viruses, fraudulent use of the bank card, etc…
1.8 – Confidentiality
PUGLIA IMMOBILI undertakes to keep the identity of the Client confidential and will only disclose their identity to the Owner/Lessor and only to service providers/suppliers who need to know it. If the Client wishes, in particular cases, to maintain maximum anonymity, he or she is invited to notify PUGLIA IMMOBILI in writing (email or regular mail)
1.9 – Customer Service
For any questions relating to contacting Owners/Lessors or reserving a property, Customer Service is available to the Client :
- By email: ajaquet@puglialuxuryhomes.com
- By telephone: +33 6 13 93 71 35 (non-premium rate number – price of a local call)
2 / General Conditions of the Rental Contract
2.1 – Purpose of the Rental Contract
The Rental Contract is concluded between either:
(i) the Client (hereinafter referred to as the “Lessee”) and the Owner/Lessor of the property reserved by the Client on the Website (hereinafter referred to as the “Owner/Lessor”), represented by PUGLIA IMMOBILI who has received mandate from the Owner/Lessor to conclude the Rental Agreement with the Lessee in the name and on behalf of the Owner/Lessor.
(ii) the Client (hereinafter referred to as the “Lessee”) and PUGLIA IMMOBILI, Owner/Lessor of the property reserved by the Client on the Website (hereinafter referred to as the “Owner/Lessor”).
The Lessee and the Owner/Lessor are hereinafter jointly referred to as “the Parties”.
The Parties declare that this Rental Agreement does not relate to premises rented for main residential use or mixed professional and main residential use
The property subject to this Rental Agreement is rented furnished, for seasonal use. They agree that their respective rights and obligations will be governed by the stipulations of the Rental Contract and by the legal provisions applicable depending on the country in which the property is located.
The Property subject to this Rental Agreement is described precisely and completely in the Special Rental Conditions (Rental Agreement).
2.2 – Conclusion of the Rental Contract
The Rental Agreement is concluded between the Parties when the following two cumulative conditions are met:
(i) PUGLIA IMMOBILI has communicated to the Lessee who accepted them, in accordance with article 1.2.2 of the General Reservation Conditions: the Special Rental Conditions, including (without this list being exhaustive) information relating to the identity of the Lessee, their dates of stay, arrival (check-in) and departure (check-out) times, the price of the stay etc. the Description Sheet, which forms an integral part of the Rental Contract.
(ii) The Lessee has paid PUGLIA IMMOBILI a deposit at the time of booking confirmation in accordance with the terms agreed in article 1.4 of the General Reservation Conditions. Payment of this deposit constitutes an irrevocable commitment by the Parties to execute the Rental Agreement.
2.3 – Duration of the Rental Contract
The Rental Contract is granted for the duration and dates indicated in the Special Rental Condition.
The Lessee undertakes to:
(i) enter the premises on the date and time agreed in the Conditions Rental details, unless expressly agreed otherwise by the Owner/Lessor;
(ii) fully release the rented property on the dates and times agreed in the Special Rental Conditions, unless expressly agreed otherwise by the Owner/Lessor.
2.4 – Rent and charges
The price indicated in the Special Rental Conditions includes the rent and standard cleaning before the start and at the end of the stay as well as, where applicable, cleaning during the Customer’s stay if this is specified in the Special Rental Conditions .
The Parties have agreed on the price of the rent as indicated in the Special Rental Conditions. The rent includes, for the entire duration of the Rental Contract, except for exceptions mentioned in the Description Sheet or in the Rental Contract, the payment of rental charges and available supplies, in particular water, gas, heating, telephone line and access to the network Internet and television access.
The Customer is informed that if the condition of the rented property is deteriorated and the standard cleaning is not sufficient, the Customer may be asked to pay the additional cost linked to the additional cleaning made necessary by the condition of the property.
2.5 – Security deposit
The amount of the security deposit is set by the Owner/Landlord and indicated in the Description Sheet. The security deposit is collected in a specific account for its rental management activity. In the event of PUGLIA IMMOBILI going bankrupt, these funds cannot be seized. The amount of the security deposit may be reassessed if the exchange rate between the currency used in the country of the rented property and the transaction currency used for the Rental Contract changes, upwards or downwards, by more than ten per cent (10%).
This security deposit is intended to cover damage and/or deterioration of the rented property and the furniture and objects which furnish it, caused by the Lessee, as well as the loss of keys or objects. PUGLIA IMMOBILI may also offset any sum owed to it by the Lessee (e.g. unpaid concierge fees, tourist taxes, etc.) with the sums to be returned to the Lessee as the security deposit.
PUGLIA IMMOBILI retains the security deposit on behalf of the Owner/ Lessor for the duration of the Rental Contract and will return it to the Lessee subject to the establishment of an exit inventory in accordance with the inventory entry.
Subject to the absence of any damage to the rented property, the security deposit is refunded in full to the Lessee no later than fifteen (15) days after the keys are returned.
In the event that an exit inventory is not established, PUGLIA IMMOBILI will return the security deposit to the Lessee subject to the absence of any complaint made by the Owner/Lessor within fifteen (15) days from of the return of the keys by the Lessee.
In the event of damage or loss noted, PUGLIA IMMOBILI reserves the right not to reimburse the Lessee within the aforementioned period, in order to be able to carry out the assessments and findings necessary to assess the cost of the damage that has occurred.
The cost of repair finally assessed and any resulting loss of profit for the Owner/Landlord in the event of temporary impossibility of re-renting the property during the repair period will be assessed and deducted from the amount of the security deposit paid to the Lessee and, where applicable, an additional amount may be requested if the security deposit is insufficient.
2.6 – Payments
In its capacity as agent of the Owner/Lessor, PUGLIA IMMOBILI receives:
(i) the deposit paid by the Lessee at the time of confirmation of the reservation,
(ii) the balance of the rent paid no later than one (1) month before the start of the rental, unless expressly stated otherwise in the Rental Agreement and
(iii) the security deposit, paid no later than 15 days before the start of the rental.
Payment of these amounts is made in accordance with the provisions of article 1.4 of the General Reservation Conditions. Failure to pay within the time limits indicated above will result in the sanctions also provided for in article 1.4.
Please note that the security deposit must be paid no later than fifteen (15) days before the start date of the rental. Failing this, if despite a reminder from PUGLIA IMMOBILI, the Client does not pay, he may be refused entry to the rented premises.
PUGLIA IMMOBILI deducts a commission from these sums which remunerates it and which has previously been agreed between it and the Owner/Lessor.
2.7 – Delivery of keys, inventory of entry and exit premises
In the event that the Lessee is not present for the delivery of keys and/or the inventory of entry and/or exit premises, it is up to him to communicate in advance in writing to PUGLIA IMMOBILI the identity of the person who will represent him, the latter acting as agent of the Lessee for the delivery of keys and/or the inventory of entry and/or exit premises.
2.7.1 – When the Lessee enters the rented property
The Lessee is expected from 4:30 p.m. (local time) for his arrival at the rented property (unless a specific arrival time is agreed in the Special Rental Conditions).
Early arrival may be considered (but in no way guaranteed) if the following conditions are met:
(i) The Lessee must notify PUGLIA IMMOBILI within a reasonable time;
(ii) The rented property must not be the subject of a current reservation on the requested arrival date and time;
(iii) The early arrival time must be approved by PUGLIA IMMOBILI in writing prior to the Lessee’s arrival in the rented property.
The keys are handed over upon arrival of the Lessee directly by PUGLIA IMMOBILI or by the Owner/ Landlord or any other person designated for this purpose. An entry inventory is established with the Lessee, and is given to him upon entry into the property. In the event that the inventory is not carried out in a contradictory manner, the Lessee has, from the delivery of the keys, a period of time to make complaints: 24 hours if the Lessee’s stay is 4 days or less; 48 hours if the Lessee’s stay lasts at least 5 days;
In the absence of dispute by the Lessee within these deadlines, the inventory carried out by PUGLIA IMMOBILI or by the Owner/Landlord or his representative and communicated to the Lessee upon entry into the premises will be deemed to have been accepted without reservation by the latter.
2.7.2 – When the Lessee leaves the rented property
The Lessee must vacate the rented property and return the keys before 10 a.m. (local time) on
the last day of his stay (unless a specific departure time is agreed in the Special Rental Conditions).
A late departure may be considered (but in no way guaranteed), if the following conditions are met:
(i) The Lessee must notify PUGLIA IMMOBILI within a reasonable time;
(ii) The rented property must not be the subject of a reservation planned for the requested departure date and time;
(iii) The late departure time must be approved in writing prior to the Lessee’s departure from the rented property.
If the Lessee does not respect the departure time without having obtained prior written agreement from PUGLIA IMMOBILI, the latter may claim, as a penalty for this delay in the Lessee’s departure time, payment of ‘a sum corresponding to one additional day’s rental. Any remaining in the Lessee’s premises, at the end of the rental period, without prior written agreement from PUGLIA IMMOBILI, will give rise to the payment by the Lessee of an occupancy compensation the amount of which is equal per day of delay double the daily rental price.
The Lessee will return to PUGLIA IMMOBILI and/or to the representative of the Owner/Landlord upon departure, the exact number of keys entrusted to him upon arrival in the rented property. If the Lessee does not meet this obligation, PUGLIA IMMOBILI will be entitled to invoice the Lessee for the sum necessary to replace the keys not returned or to change the locks of the rented property and to deduct this sum from the security deposit.
An exit inventory will be established by the Parties at the end of the Rental Agreement or on the effective date of departure from the Lessee’s premises in a contradictory manner. A copy of the signed exit inventory will be kept by each Party.
However, the exit inventory can be carried out by PUGLIA IMMOBILI, the Owner/ Landlord alone or by his representative, it being specified that the Client is always entitled to demand the establishment of a contradictory exit inventory. when returning the keys.
PUGLIA IMMOBILI has a period of ninety-six (96) hours from the delivery of the exit inventory to report, where applicable, any damage or damage that was not noted during the inspection. state of fixtures. From the notification made to him, the Lessee has forty- eight (48) hours to make complaints. In the absence of dispute by the Lessee within this period, the inventory carried out and communicated to the Lessee is deemed to have been accepted without reservation by the latter.
2.8 – Obligations of the Parties
2.8.1 – Obligations of the Owner/Lessor
The Owner/Lessor makes the rented property available to the Lessee as described in the Description Sheet, on the date agreed between the Parties, indicated in the Special Rental Conditions.
The Owner/Lessor delivers the rented property in a condition consistent with the use for which it is intended.
2.8.2 – Obligations of the Lessee
The Lessee must peacefully enjoy the rented property, the furniture and equipment made available to him, according to the destination given to them by the Rental Contract and, where applicable, in compliance with the rules specific to the rented property, such as indicated in the Description Sheet or in the Special Rental Conditions or more generally in any other document or presentation relating to the use of the rented property and which will have been given to the Lessee.
The Lessee is prohibited from:
– to use the Internet network made available in the rented property for a illicit use;
– to open spaces reserved by the Owner/Lessor in the rented property, and indicated as such;
– any behavior likely to disturb the neighborhood, particularly due to noise level of radio, television and other devices;
– to use the rented property for commercial use (photography sessions, seminars, events or others) during their stay if the property was initially reserved by the Lessee for non- professional use, unless with the written agreement of PUGLIA IMMOBILI and the Owner/Lessor;
– to take photographs of the rented property for commercial use, unless agreed in writing by the Owner/Lessor;
The Lessee undertakes to strictly respect the maximum number of people who can enter the premises, in accordance with the Description Sheet given to him, failing which a penalty corresponding to fifty percent (50%) of the rental amount can be applied to it. Animals are in principle not allowed in the rented property, unless otherwise agreed in the Special Rental Conditions.
If the Owner/Lessor agrees to the presence of animals during the Lessee’s stay, a specific deposit as well as a special cleaning charge may be required from the Lessee. If during the stay the authorized animal causes damage to the rented property, damages may be claimed.
If the Lessee introduces an animal into the rented property without having obtained written consent prior notice from PUGLIA IMMOBILI, the Rental Contract may be terminated immediately and the Lessee will not be able to claim any reimbursement.
The Lessee is strictly prohibited from smoking inside the rented property (except in uncovered areas), unless otherwise agreed in the Special Rental Conditions. If the Lessee violates this prohibition, the Rental Contract may be terminated automatically, the Lessee not being able to claim any reimbursement. Furthermore, in this case an additional cleaning charge of five hundred euros (€500) will be required from the Lessee.
The Lessee will maintain the rented property and return it to a clean condition.
He must immediately inform the Owner/Lessor or PUGLIA IMMOBILI of any damage and will be responsible for any damage and losses that may occur during the term of the Rental Contract in the property and in the common areas (in the case of a co-owned building).
If objects are broken or damaged, the Owner/Lessor may claim their replacement value.
The Lessee will not be able to exercise any recourse against PUGLIA IMMOBILI and/ or the Owner/Lessor in the event of theft and damage committed by third parties in the rented property during his stay and/or inconveniences or inconveniences having an external origin, without fault. of PUGLIA IMMOBILI and/or the Owner/Lessor such as: local environmental restrictions, power outage(s) or water cut(s) not limited to the rented property alone, energy crisis, etc.
The Lessee cannot object to a visit to the property if the Owner/Landlord or his agent so requests.
Any damage, disaster or damage caused in the context of non-contractual use (non-compliance with house rules, organization of evenings or events, production of photo or video content, serious negligence, lack of supervision, etc. ) of the rented property (and, where applicable, its outbuildings) will engage the liability of the Lessee, with an obligation to compensate.
2.9 – Obligations of PUGLIA IMMOBILI
PUGLIA IMMOBILI, in its capacity as agent of the Owner/Lessor or in its capacity as Owner/Lessor, will make its best efforts to ensure that the Lessee peacefully enjoys the rented property.
If the Lessee encounters a problem during the stay with the rented property and/or the service providers, he is invited to contact PUGLIA IMMOBILI in order to inform him of it. As soon as it has been informed by the Lessee, PUGLIA IMMOBILI will then implement everything that it is reasonably possible to do as quickly as possible in order to resolve the problems encountered by the Lessee.
2.10 – Prohibition of transfer and subletting
This Rental Agreement is concluded intuitu personae, based on the identity of the Lessee at the head of the Rental Agreement and for his sole benefit.
Any assignment of this Rental Agreement, any total or partial subletting, any making available – even free of charge – is strictly prohibited.
2.11 – Non-execution of the Rental Contract
Payment of the deposit by the Lessee upon confirmation of his reservation irrevocably binds both Parties, unless otherwise agreed in writing by the Parties and except in exceptional cases provided for herein.
2.11.1 – Non-execution of the Rental Contract by the Lessee
If the Lessee decides not to take possession of the property for all or part of the agreed stay, he will remain liable to the Owner/Landlord for the entire agreed rent unless otherwise expressly agreed by the Owner/Landlord who has no obligation to do so. .
In any event, the deposit received by the Owner/Lessor will not be reimbursed to the Lessee.
2.11.2 – Non-execution of the Rental Contract by the Owner/Lessor
If the Owner/Lessor does not make the property available to the Lessee under the conditions provided for in the Rental Contract and the Special Rental Conditions, the Lessee may claim restitution of all or part of the agreed price, taking into account the seriousness of the breach, as well as, where applicable, compensation for any damage suffered, subject to what is indicated in article 1.6.2.
2.12 – Insurance
The Lessee certifies being covered by:
(i) comprehensive insurance to protect against water damage and fire
(ii) by civil liability insurance to cover damage caused to property.
A copy of these insurance policies may be requested from the Lessee by the Owner/ Lessor or by his agent.
2.13 – Termination clause
In the event of a serious breach by one of the Parties of its obligations under this Rental Agreement, the other Party may give it formal notice to remedy the situation within forty- eight (48) hours. If, within this period, the defaulting Party has not remedied the breach noted, the other Party may terminate the Rental Agreement automatically, at its risk and under its responsibility, without legal intervention and with immediate effect. The formal notice, like the notice of termination, must be sent by any appropriate written means.
3 / General Conditions of Services
3.1 – Object Scope of application
These General Conditions of Services are concluded exclusively between PUGLIA IMMOBILI and the Client.
The Owner/Lessor of the property rented by the Client is not a party to this contractual relationship. The General Conditions of Services govern the services provided by PUGLIA IMMOBILI to the Client during their stay in the property rented by the Owner/ Lessor, and are independent of the Rental Contract. The General Conditions of Services do not apply to services organized and/or provided by the Lessor and mentioned in the Rental Contract.
The General Conditions of Services being subject to modification at any time, those applicable are those in force on the day the property is reserved by the Customer.
3.2 – Services
PUGLIA IMMOBILI, in addition to its property reservation service on its Website, provides a series of services related to rental. When booking, the customer had to request additional services. The request for concierge services does not include the amount of the services ordered which will remain to be paid in addition.
The PUGLIA IMMOBILI concierge service, PUGLIA LUXURY HOMES, includes the following services:
– Reception and delivery of keys;
– Assistance from a concierge to organize your first shopping and arrival transfers (the cost of shopping and transfers must be paid additionally).
– Standard cleaning before the start and at the end of the stay (when this service is not provided and, where applicable, cleaning during the Customer’s stay during the day(s) and time(s) mentioned in the Special Rental Conditions; These included cleaning services do not give rise to additional invoicing. The Customer is informed that any additional hour of cleaning required by the deterioration of the condition of the rented property may result in additional invoicing at the end of the stay.
The Customer can order a series of products or services à la carte, from the concierge, before their stay. Requests can be made before the date of entry or during the stay. These services include, for example:
– Provision of an on-site chef;
– Provision of domestic staff;
– The organization of excursions or activities;
– The organization of transfers;
3.3 – Ordering services
The services offered with the property are the subject of information to the Customer as part of the reservation process.
The Customer can also make requests for additional services during their stay in the rented property. He is then invited to contact the concierge service and to formulate his requests within a reasonable time allowing PUGLIA IMMOBILI, as far as possible, to fully satisfy them.
PUGLIA IMMOBILI is bound by an obligation of means and not of results for this concierge service. Requesting additional concierge services does not guarantee availability of services.
For any request, written confirmation of the request may be requested from the Customer in order to be able to process their request.
The PUGLIA IMMOBILI concierge service will handle any reasonable request. No abusive, illegal, fraudulent or harmful request to the interests of PUGLIA IMMOBILI or its employees and representatives, the Owner/ Landlord or third parties may be taken into account.
In order to optimize the quality of the concierge service, calls made to the concierge service may be recorded, subject to prior information from the Customer.
3.4 – Contractual conditions
The products and services ordered are subject to the contractual conditions of the service provider/supplier which are provided on request. It is up to the Customer to read it.
3.5 – Price and payment conditions
As part of the Concierge, PUGLIA IMMOBILI acts as a transparent intermediary in the name and on behalf of the Client. The Client mandates PUGLIA IMMOBILI to find the products and services requested from service providers and suppliers. The products and services will be invoiced to the Customer on the basis of the prices indicated when ordering. A summary of costs can be provided upon request.
The services and products ordered by the Customer are subject to payment upon order by credit card or interbank transfer either to the company PUGLIA IMMOBILI which will then pay the service provider/ supplier in the name and on behalf of the Customer or, exceptionally, directly to the supplier service provider. Bank card fees remain the responsibility of the Customer.
PUGLIA IMMOBILI may, where applicable, receive remuneration for its intermediation service through a commission.
Only full payment by the Customer of the products and services allows the definitive reservation to be confirmed.
3.6 – No right of withdrawal
In application of article L.221-28 12° of the Consumer Code, the right of withdrawal available to the Consumer Customer for contracts concluded remotely cannot be exercised for contracts relating
to transport service provisions. goods, car rentals, catering or leisure activities to be provided on a specific date or period.
Likewise, in application of article L.221-28 1° of the Consumer Code, the Consumer Customer has no right of withdrawal in the event of the provision of services or products fully carried out before the
end of the withdrawal period. (fourteen (14) days) and whose execution began after express prior agreement and express waiver of the right of withdrawal.
In the event of an order for services by the consumer Customer from the concierge service (other than those mentioned above, referred to in article L.221-28 12° of the Consumer Code) during their stay, they will be systematically asked to confirm expressly waives his right of withdrawal to benefit from the services or products.
Consequently, the Customer does not benefit from any right of withdrawal once the provision of the service or product ordered has been confirmed by PUGLIA IMMOBILI.
If the Customer acts in a professional capacity, he does not have a right of withdrawal under any circumstances.
3.7 – Complaint
The Client has a period of forty-eight (48) hours from the completion of the provision of services or the supply of the goods to inform PUGLIA IMMOBILI of any complaints regarding the quality and proper execution of the services. agreed. When possible, PUGLIA IMMOBILI will endeavor to intervene with the service provider/supplier in order to help the Client find a solution. Beyond this period of forty-eight (48) hours, no complaint may be made by the Client to PUGLIA IMMOBILI.
3.8 – Responsibility
The concierge service provided by PUGLIA IMMOBILI is an intermediation service between the Client and the service providers/suppliers of the products and services ordered by the Client.
The client expressly mandates PUGLIA IMMOBILI to search for service providers/suppliers to best satisfy the Client’s requests.
PUGLIA IMMOBILI cannot therefore be held responsible in the event of non-performance or poor performance of services by said service providers/suppliers, the latter assuming sole responsibility for the products and services they provide. The booking, execution and/or cancellation conditions of the service provider/supplier will apply PUGLIA IMMOBILI is only responsible for the quality of the intermediation service itself and its liability cannot be engaged in the event of total or partial non-performance linked to an event of force majeure or a fault of the Client or the service provider/ supplier or more generally to any other event external to PUGLIA IMMOBILI.
3.9 – Acquisition of the leased property
In the event that the Client / Lessee considers purchasing the rented property from the Owner / Lessor, he undertakes to inform PUGLIA IMMOBILI in advance to whom he will entrust an acquisition mandate. The Client/Lessee is prohibited, from the signing of these presents and for a period of twelve months following the end of the rental (or alternatively the end of these presents in the event of early termination whatever the reason), from deal directly with the Owner / Lessor, without the assistance of PUGLIA IMMOBILI, for the purpose of proceeding with the acquisition of the rented property, directly, indirectly or through an intermediary.
4 / Applicable law and dispute resolution
4.1 – Dispute resolution (consumer customers)
In the event of a dispute between PUGLIA IMMOBILI and the consumer Customer, the latter may contact Customer Service:
- By email: ajaquet@puglialuxuryhomes.com
- By telephone: +33 6 13 93 71 35 (non-premium rate number – price of a local call)
If the dispute is not resolved by amicable agreement, the Consumer Customer may contact the consumer mediator free of charge.
The Client must immediately inform PUGLIA IMMOBILI of this referral. The Client and PUGLIA IMMOBILI will remain free to accept or reject the proposed solution and, if necessary, to bring the request before the competent courts.
In addition, the European Commission has set up an online dispute resolution platform to which the Consumer Customer can access: http://ec.europa.eu/consumers/odr
4.2 – Dispute resolution (professional customers and/or legal entity customers)
If the Client books and rents as a professional and/or if the Client is a legal entity, PUGLIA IMMOBILI and the Client will endeavor to resolve any dispute amicably. In the absence of an amicable resolution within one (1) month, each party may bring the dispute before the Court of Lecce, to which the parties grant exclusive conventional jurisdiction.