General Rental Conditions
Please take the time to carefully read these General Terms and Conditions which govern your contractual relationship with Le Collectionist and the Owner/Lessor.
Le Collectionist, a simplified joint stock company (société par actions simplifiée) under French Law with capital of €1 020 710,70, registered in the Paris Trade and Companies Register under number 789 370 152, whose registered office is located at 65 rue de la Victoire, 75009 Paris, France, and whose VAT number is FR95789370152 (hereinafter "Le Collectionist"), runs a website that can be viewed at https://www.lecollectionist.com/en (hereinafter the "Website") allowing owners/lessors of luxury properties (hereinafter the "Owners/Lessors") to rent them seasonally to guests interested in reserving them (hereinafter the "Guests" or the "Lessees").
Le Collectionist has business license no. CPI 7501 2015 000 002 allowing it to provide the services offered in accordance with the provisions of Law no. 70-9 of January 2, 1970 and Decree no. 72-678 of July 20, 1972 and benefits from a financial guarantee in the amount of €5,580,000 issued by Galian located at 89 Rue de la Boétie, 75008 Paris
These general terms and conditions (hereinafter the "General Terms and Conditions") contain four parts:
(1) The general terms and conditions governing the contractual relationship between Le Collectionist and the Guest for reserving the properties offered on its website (hereinafter the "General Reservation Conditions").
(2) The general terms and conditions of the seasonal furnished rental agreement governing the contractual relationship between the Guest/Lessee and the Owner/Lessor (hereinafter, jointly referred to with the special rental conditions, the description of the rented property (the “Information Sheet”), and the specific rental conditions as the "Rental Agreement"). In this agreement, Le Collectionist acts as the Owner/Lessor's representative, in their name and on their behalf, to enter into the Rental Agreement with the Guest.
(3) The general terms and conditions of the services provided by Le Collectionist during the Guest's stay in the rented property (hereinafter the "General Terms and Conditions of Services").
The General Terms and Conditions are subject to change at any time without notice. The applicable terms and conditions are those in effect on the day the Guest reserves the property online on the Website and which the Guest accepts.
By reserving a property through Le Collectionist, the Guest fully and unreservedly accepts these General Terms and Conditions as defined above.
The present General Conditions apply only and exclusively to agreements and contracts concluded with the company Le Collectionist. In the event that agreements or contracts are concluded with other companies in the group, particularly subsidiary companies located abroad, other general conditions may apply
1 / General Reservation Conditions
1.1 – Purpose and Scope
These General Reservation Conditions govern the relationship between Le Collectionist and the Guest concerning the Guest reserving a property online via the Website. The Owners/Landlords are not parties to this contractual relationship.
1.2 – Reservations
1.2.1 – Choosing a Property
The Guest can reserve a property in two different ways:
(i) By contacting a Customer Advisor from Le Collectionist's team ("Customer Advisor") for assistance.
(ii) By choosing a property directly on the Website. They will then be put in contact with a Customer Advisor to finalize their reservation.
The Guest can search for and select properties on lecollectionist.com.
They can then request information about one or more properties by filling out the form on the Website.
The Guest's requests will be forwarded to one of Le Collectionist's Customer Advisors. The Customer Advisor will confirm the availability and rate for the requested dates for each property. They will also advise the Guest on their choice or propose other properties based on their needs and expectations.
The Guest is hereby informed that:
Le Collectionist strives to ensure that the prices listed on the Website are correct. However, the Owner/Lessor may change them or an input error may occur from time to time. Only the prices confirmed in the Special Rental Conditions shall be binding on the Parties to the Rental Agreement.
Descriptions of the properties are also given as accurately as possible by Le Collectionist, but some descriptions may be incomplete. Le Collectionist shall not be liable for any minor difference between the description of the house and the rented property.
The names of the properties on the Website may not correspond to the actual names of these properties due to privacy concerns or other reasons.
1.2.2 – Finalizing Your Reservation
Once the Guest has decided on a property and the rental dates with the help of the Customer Advisor, the Customer Advisor will send an email to the Guest's email address with a link enabling them to finalize their reservation and/or create a customer account on the Website.
The Guest will be asked to click on the link provided by Le Collectionist in the email. When the Guest clicks on this link, a window will open allowing them to read the Special and General Rental Conditions before confirming their reservation. The Guest may view these items at any time via their customer account.
Once the Guest has read the Special and General Rental Conditions, they accept them by clicking on the box "I have read and accept the Special Rental Conditions and the General Rental Conditions".
The Guest also accepts the payment terms by clicking on the box "I have read that I must pay the deposit referred to in Article 1.4 within a maximum of three (3) business days in order to confirm the reservation. "
The Guest has the option to “Accept the Agreement" or "Reject the Agreement".
If the Guest rejects the agreement, they must specify the reasons why.
An email confirming the agreement was rejected is sent to the Guest. The Guest will then be contacted by their Customer Advisor in order to propose appropriate solutions.
If the Guest accepts the agreement, they will receive an email confirming their reservation with a payment schedule and Le Collectionist's bank details.
1.2.3 – Reservation Change by the Guest
If the Guest would like to change their reservation, they must notify Le Collectionist as soon as possible before their stay at the property so as to get the Owner/Lessor's and Le Collectionist's consent, which they are under no obligation to accept.
Changes to the Guest's initial reservation must be confirmed in a written agreement signed by Le Collectionist and the Guest.
The Guest must reimburse Le Collectionist for any reasonable expenses it incurs in order to make the requested changes.
1.2.4 – Reservation Change by Le Collectionist
Any changes to the terms and conditions of the reservation made by Le Collectionist are subject to the Guest's consent. If the Guest agrees to these changes, Le Collectionist agrees to do its best to propose a solution that is as close as possible to the terms and conditions of the Guest's initial reservation.
Changes to the Guest's initial reservation must be confirmed in a written agreement signed by Le Collectionist and the Guest.
In the rare event that the property reserved by the Guest is no longer available to rent at the time the agreement is entered into (e.g. because it has been sold, is no longer up to standard as a result of damage or has already been rented shortly before the Guest's reservation and Le Collectionist was not informed thereof), Le Collectionist will notify the Guest as soon as possible (within a maximum of 3 days of the reservation date) and will refund any amounts the Guest has paid.
Le Collectionist shall do everything in its power to assist the Guest in finding another property to rent during the requested reservation period.
1.3 – Price
Prices are listed in euros or in any other currency agreed between the Guest and Le Collectionist, including all taxes, and take into account the VAT applicable on the day the agreement is entered into.
Le Collectionist is responsible for collecting the tourist tax and paying it to the local authorities. The Guest must pay the tourist tax directly to Le Collectionist.
Le Collectionist is responsible for collecting the tourist tax and paying it to the local authorities (except for certain local authorities and/or for Property Owners represented by agencies). Unless otherwise stated in the Rental Agreement, the Client must pay the tourist tax directly to Le Collectionist.
1.4 – Payment Terms
The Guest must pay a deposit corresponding to a percentage of the rent for each reservation upon validation of the agreement.
For each booking, a deposit corresponding to a percentage of the full rental amount must be paid by the Guestupon validation of the agreement. Payments must be made from a bank account opened in the Guest's name. Exceptions are possible with specification and justification of the legal nature of the relationship 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 Agreement. The security deposit must be paid no later than fifteen (15) days before the start date of the rental."
Otherwise, if the Guest does not pay despite a reminder from Le Collectionist, the Rental Agreement may be automatically terminated.
The amounts due by the Guest may be paid:
(i) by bank transfer to Le Collectionist's account at the bank details indicated in the reservation confirmation email (the Guest must send Le Collectionist a copy of the transfer receipt) or
(ii) by credit card via a secure online payment platform (Stripe or other provider). The Guest shall be exclusively liable for any costs associated with the use of this platform.
Other forms or means of payment (including checks and cash) will be refused by Le Collectionist.
The reservation will only be confirmed once the Guest has paid the deposit, within a maximum of three (3) business days from the date of Le Collectionist's request for payment.
In the case of late payment, Le Collectionist will have to reconfirm the property's availability with the Owner/Lessor and may cancel the Guest's reservation, allowing Le Collectionist to rent out the property for the dates selected by the Guest.
1.5 – No Right to Withdraw from the Agreement
Pursuant to Article L.221-28 12° of the French Consumer Code, the Consumer's right to withdraw from distance contracts may not be exercised for contracts relating to the provision of accommodation services, other than residential accommodations, which must be provided on a specific date or during a specific period.
Consequently, the Guest shall have no right to withdraw once the reservation has been made, regardless of whether they are booking as a consumer or a professional.
1.6 – Canceling Reservations
1.6.1 – Cancellation by the Guest
If the Guest cancels their reservation (fully or partially, including during their stay), they will not be reimbursed for the amounts already paid or the cost of the additional services already paid to Le Collectionist for organizing their stay. Nevertheless, if the Owner/Lessor succeeds in finding another lessee for the agreed dates, the Owner/Lessor may waive payment of the full rent for commercial reasons. In any event, the deposit paid to Le Collectionist will not be refunded to the Guest if the Guest cancels.
1.6.2 – Cancellation by the Owner/Lessor
If the Owner/Lessor decides to cancel the reservation, Le Collectionist will make its best efforts to offer the Guest a stay at another property of equivalent standing in the same area. If no property of equivalent standing in the same area is available, the Guest will be refunded the amount paid as a deposit before the check-in date.
The Owner/Lessor will also be liable for compensating the Guest for the damages suffered as a result of this cancellation pursuant to ordinary law.
The Owner/Lessor may only be released from their obligations to refund and compensate by providing proof of the occurrence of a force majeure event that prevented them from making the property reserved by the Guest available to them.
The Owner/Lessor and/or Le Collectionist shall not be liable for refunding the amounts paid by the Guest or paying any compensation whatsoever to the Guest in the event that the reserved property cannot be made available to the Guest, totally or partially and/or if the current stay had to be interrupted, as a result of acts 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, nuclear, bacteriological, chemical or industrial accidents, epidemics or pandemics, decisions by a government authority restricting movements or rental of the property, total or partial destruction of the property after signing the Rental Agreement.
1.7 – Liability
Le Collectionist is only responsible towards the Guest for the referral and reservation service it offers.
Since Le Collectionist is only an agent between the Guest and the Owner/Lessor and is not a party to the Rental Agreement entered into between them, it cannot be held liable for any failure by the Owner/Lessor to fulfill their obligations.
Le Collectionist declines all liability in this regard, especially with regard to any acts, actions, behaviors, culpable nonfeasance, or negligence committed by the Owner/Lessor.
Le Collectionist cannot be held liable for any inconvenience or damage resulting from using the internet, including but not limited to a disruption of service, hacking, the presence of computer viruses, fraudulent use of the credit card, etc.
1.8 – Confidentiality
Le Collectionist agrees to keep the Guest's identity confidential and will only disclose their identity to the Owner/Lessor and the service providers/suppliers who need to know it. In certain special cases, if the Guest would like to remain as anonymous as possible, they should inform Le Collectionist in writing (letter or email).
1.9 – Customer Service
Please contact our Customer Service for any questions relating to contacting the Owner/Lessor or reserving a property:
By email: firstname.lastname@example.org
By phone: (+33) 173-030-202 (non-premium number – price of a local call)
By mail: Le Collectionist, 65 rue de la VIctoire, 75009 Paris, France.
2 / General Conditions of the Rental Agreement
2.1 – Purpose of the Rental Agreement
The Rental Agreement is entered into between the Guest (hereinafter referred to as the "Lessee") and the Owner/Lessor of the property reserved by the Guest on the Website (hereinafter referred to as the "Owner/Lessor"), represented by Le Collectionist who has been authorized by the Owner/Lessor to enter into the Rental Agreement with the Lessee on their behalf.
The Lessee and the Owner/Lessor are hereinafter jointly referred to as the "Parties".
The Parties declare that this Rental Agreement is not intended to cover property rented for use as a primary residence or for mixed professional and primary residential use.
The property covered by this Rental Agreement is rented furnished and is intended for seasonal use. They agree that their respective rights and obligations shall be governed by the provisions of the Rental Agreement and by the legal provisions applicable depending on the country in which the property is located (especially the provisions of Articles L.324-1 to L.324-2-1 of the French Tourism Code and the provisions of the French Civil Code when the property is located in France).
The Property covered by this Rental Agreement is precisely and fully described in the Specific Rental Conditions (Rental Agreement).
2.2 – Entering into the Rental Agreement
The Rental Agreement is entered into between the Parties when both conditions below are met:
(i) Le Collectionist has communicated the following documents to the Lessee and they have accepted them in accordance with Article 1.2.2 of the General Reservation Conditions:
The Special Rental Conditions including (but not limited to) information about the Lessee's identity, arrival and departure dates, arrival (check-in) and departure (check-out) times, price of the stay, etc.
The Information Sheet which is an integral part of the Rental Agreement.
(ii) The Lessee paid Le Collectionist a deposit when the reservation was confirmed pursuant to Article 1.4 of the General Reservation Conditions. The payment of this deposit constitutes an irrevocable commitment by the Parties to perform the Rental Agreement.
2.3 – Term of the Rental Agreement
The Rental Agreement is entered into for the term and dates indicated in the Special Rental Conditions.
The Lessee agrees to:
(i) arrive at the premises on the date and time agreed in the Special Rental Conditions, unless otherwise expressly agreed by the Owner/Lessor.
(ii) fully vacate the premises on the date and time agreed in the Special Rental Conditions, unless otherwise expressly agreed by the Owner/Lessor.
2.4 – Rent and Rental Fees
The price indicated in the Special Rental Conditions includes the rent and the standard cleaning before check-in and after check-out, and, where applicable, during the Guest's stay if it 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 payment of the rental fees and utilities including water, gas, heating, telephone line, Internet and television for the entire duration of the Rental Agreement, unless otherwise indicated on the Information Sheet.
The Guest is informed that if the condition of the rented property has deteriorated and the standard cleaning is not sufficient, the Guest may be asked to pay the additional cost for any additional cleaning that may be necessary due to the condition of the property.
2.5 – Security Deposit
The amount of the security deposit is determined by the Owner/Lessor and indicated on the Information Sheet. The security deposit is collected into a specific account for its property management activity. In the event Le Collectionist goes bankrupt, these funds cannot be seized. The amount of the security deposit may be adjusted if the exchange rate between the currency used in the country of the rented property and the transaction currency used for the Rental Contract fluctuates upwards or downwards by more than ten percent (10%).
The security deposit is intended to cover any damage and/or deterioration caused by the Lessee to the rented property, furniture, items inside it, and the loss of keys or objects. Le Collectionist may also offset any amounts owed to it by the Lessee (e.g. unpaid concierge fees, tourist taxes, etc.) against the security deposit amount to be returned to the Lessee.
Le Collectionist shall hold the security deposit for the Owner/Lessor for the duration of the Rental Agreement and shall return it to the Lessee after drawing up a final inventory that matches the initial inventory.
If there is no damage to the rented property, the security deposit shall be refunded in full to the Lessee no later than fifteen (15) days after the keys have been returned.
In the event that a final inventory is not drawn up, Le Collectionist shall return the security deposit to the Lessee if no claim has been made by the Owner/Lessor within fifteen (15) days of the keys being returned by the Lessee.
In the event of damage or a loss, Le Collectionist reserves the right not to reimburse the Lessee within the aforementioned time limit so that it can have the necessary experts' reports and observations made in order to estimate the cost of the damage caused.
The final estimated cost for repairing the property and the possible resulting loss of profits for the Owner/Lessor due to the temporary inability to re-rent it during the repairs will be assessed and deducted from the amount of the security deposit returned to the Lessee and, if necessary, an additional amount may be claimed if the security deposit is insufficient.
2.6 – Payments
As the Owner/Lessor's representative, Le Collectionist collects:
(i) The deposit paid by the Lessee when the reservation is confirmed.
(ii) The balance of the rent due no later than one (1) month before check-in, unless expressly stated otherwise in the Rental Agreement, and
(iii) The security deposit which must be paid no later than 15 days before check-in.
These amounts shall be paid in accordance with the provisions of Article 1.4 of the General Reservation Conditions. Failure to pay within the above-mentioned deadlines shall result in the penalties also stated in Article 1.4. The security deposit must be paid no later than fifteen (15) days before check-in. Otherwise, if the Guest does not pay despite a reminder from Le Collectionist, they may be denied entry to the rented property.
Le Collectionist shall deduct a commission from these amounts as compensation which has been previously agreed between Le Collectionist and the Owner/Lessor.
2.7 – Handing-over the Keys, Initial and Final Inventory
If the Lessee is not present for the handover of the keys and/or the initial and/or final inventory, it shall be their responsibility to inform Le Collectionist in advance in writing of the identity of the person who will represent them and that party shall act as the Lessee's representative for the handover of the keys and/or the initial and/or final inventory.
2.7.1 – When the Lessee Checks-in
The Lessee is expected to arrive from 5 p.m. (local time) onwards to check-in at the rented property (unless a specific arrival time is agreed in the Specific Rental Conditions).
Early check-in may be arranged (but cannot be guaranteed) if the following conditions are met:
(i) The Lessee must notify Le Collectionist within a reasonable period of time.
(ii) The rented property must not be already rented on the date and time of arrival requested.
(iii) Early check-in times must be approved by Le Collectionist in writing prior to the Lessee's arrival at the rented property.
The keys shall be handed over by Le Collectionist or the Owner/Lessor or any other person appointed by Le Collectionist or the Owner/Lessor when the Lessee arrives. An initial inventory shall be drawn up with the Lessee and they shall be given a copy at check-in. If no inventory is drawn up in the presence of all Parties, the Lessee shall have the right to dispute it within the following time period from handing over the keys:
24 hours if the Lessee's stay is 4 days or less.
48 hours if the Lessee's stay is at least 5 days long.
If the Lessee does not dispute the inventory drawn up by Le Collectionist or the Owner/Lessor or their representative which was communicated to the Lessee upon entering the premises, the inventory shall be deemed to have been accepted by the Lessee without reservations.
2.7.2 – When the Lessee Checks-out
The Lessee must vacate the rented property and return the keys before 10:00 a.m. (local time) on the last day of their stay (unless a specific check-out time has been agreed in the Special Rental Conditions).
Late check-out may be arranged (but cannot be guaranteed) if the following conditions are met:
(i) The Lessee must notify Le Collectionist within a reasonable period of time.
(ii) The rented property must not be already rented on the date and time of departure requested.
(iii) Late check-out times must be approved in writing prior to the Lessee's departure from the rented property.
If the Lessee does not comply with the departure time without having obtained prior, written consent from Le Collectionist, Le Collectionist may require payment of an amount corresponding to an additional day's rent as a penalty for this delay in the Lessee's departure time. If the Lessee continues to occupy the premises at the end of the rental period without Le Collectionist’s prior, written consent, the Lessee shall pay an occupancy fee equal to twice the daily rental price per day for each day of delay.
The Lessee shall return the exact number of keys they were given upon arrival to Le Collectionist and/or the Owner/Lessor's representative upon departure. If the Lessee fails to comply with this obligation, Le Collectionist shall be entitled to charge the Lessee the amount necessary for replacing the unreturned keys or changing the locks of the leased property and deduct this amount from the security deposit.
A final inventory will be drawn up by the Parties at the end of the Rental Agreement or on the Lessee's actual date of departure from the premises in the presence of all Parties, each Party keeping a signed copy. A copy of the signed inventory will be kept by each of the Parties or, as regards the Guest, made available to them on their customer account.
However, the final inventory may be drawn up by Le Collectionist, the Owner/Lessor alone or by their representative, provided that the Guest shall be entitled to demand an inventory in the presence of all Parties when returning the keys.
Le Collectionist shall have a period of ninety-six (96) hours from the inventory to report any damage or loss that was not noted at the time of the final inventory. The Lessee shall have forty-eight (48) hours from the date of notification to dispute it. If the Lessee does not dispute the inventory that is communicated to the Lessee within this time period, it shall be deemed to have been accepted by the Lessee without reservations.
2.8 – The Parties’ Obligations
2.8.1 – The Owner/Lessor’s Obligations
The Owner/Lessor shall make the rented property available to the Lessee as described on the Information Sheet on the date agreed between the Parties as indicated in the Special Rental Conditions.
The Owner/Lessor shall hand over the rented property in a condition that is consistent with the use for which it is intended.
2.8.2 – The Lessee’s Obligations
The Lessee must peacefully enjoy the rented property, furniture, and other amenities made available to them for the purpose for which they are intended under the Rental Agreement and, where applicable, in compliance with the rules applicable to the rented property as indicated on the Information Sheet or in the Special Rental Conditions or, more generally, in any other document or presentation relating to the use of the rented property that has been given to the Lessee.
The Lessee shall refrain from:
Using the internet provided at the rented property for illegal activities.
Opening areas that are reserved for the Owner/Lessor in the leased property and marked as such.
Any behavior that may disturb the neighborhood such as playing radio, television, and other equipment loudly.
Using the rented property for commercial use (photo shoots, conferences, events, etc.) during their stay if the property was initially reserved by the Lessee for non-professional use, unless written consent has been obtained from Le Collectionist and the Owner/Lessor.
Taking pictures of the rented property for commercial use, unless otherwise agreed in writing by the Owner/Lessor.
The Lessee agrees to strictly comply with the maximum number of persons that may be allowed to enter the premises as indicated on the Information Sheet given to them, otherwise they may be applied a penalty equal to fifty percent (50%) of the total rental price. Pets are generally not allowed in the rented property, unless otherwise agreed in the Special Rental Conditions.
If the Owner/Lessor agrees to allow pets during the Lessee's stay, a specific deposit and special cleaning charge may be required from the Lessee. If the authorized pet causes damage to the rented property during their stay, damages may be claimed. If the Lessee brings a pet into the leased property without Le Collectionist's prior, written consent, the Rental Agreement may be immediately terminated and the Lessee shall not be entitled to a refund.
Smoking is strictly forbidden inside the rented property (except in open areas), unless otherwise agreed in the Special Rental Conditions. If the Lessee infringes this rule, the Rental Agreement may be automatically terminated and the Lessee shall not be entitled to a refund. In addition, in this case, an additional cleaning charge of five hundred euros (€500) will be required from the Lessee.
The Lessee shall keep the rented property in good condition and return it clean and tidy.
The Lessee must immediately inform the Owner/Lessor or Le Collectionist of any damage and shall be liable for any damage or loss that may occur to the property or common areas (in the case of condominiums) during the term of the Rental Agreement.
If objects are broken or damaged, the Owner/Lessor may claim their replacement value.
The Lessee shall have no recourse against Le Collectionist and/or the Owner/Lessor in the event of theft or damage to the rented property by third parties during the Lessee's stay and/or inconvenience or disturbance caused by external factors, without fault of Le Collectionist and/or the Owner/Lessor, such as local: environmental restrictions, power outage(s) or water cut(s) not limited to the rented property, energy crisis, etc.
The Lessee may not object to the property being inspected if the Owner/Lessor or his representative so requests.
The Lessee shall be liable for any damage or loss caused as a result of non-contractual use (failure to comply with the property's rules, holding parties or events, producing photo or video content, gross negligence, lack of due care, etc.) of the rented property (and, if applicable, its outbuildings) and shall be liable for compensation.
2.9 – Le Collectionist’s Obligations
In its capacity as the Owner/Lessor's representative, Le Collectionist shall do its best to ensure that the Lessee may peacefully enjoy the rented property.
If the Lessee encounters a problem with the rented property and/or service providers during their stay, they must contact Le Collectionist in order to inform it of the problem. As soon as it has been informed by the Lessee, Le Collectionist will then do everything reasonably possible to resolve the problems encountered by the Lessee as soon as possible.
2.10 – No Assigning or Sub-leasing
This Rental Agreement is entered into on an intuitu personae basis, based on the Lessee's identity at the beginning of the Rental Agreement and for their sole benefit.
It is strictly forbidden to assign this Rental Agreement, fully or partially sub-lease it, or even make it available for any reason whatsoever, even free of charge.
2.11 – Non-performance of the Rental Agreement
The payment of the deposit by the Lessee upon confirmation of their reservation is irrevocably binding on both Parties, unless otherwise agreed by the Parties in writing or unless exceptional cases as provided herein.
2.11.1 – Non-performance of the Rental Agreement by the Lessee
If the Lessee decides not to take possession of the property for all or part of the agreed stay, they shall remain liable to the Owner/Lessor for the entire agreed rent unless otherwise expressly agreed by the Owner/Lessor, who is under no obligation to make an exception.
In any event, the deposit received by the Owner/Lessor shall not be returned to the Lessee.
2.11.2 – Non-performance of the Rental Agreement by the Owner/Lessor
If the Owner/Lessor does not make the property available to the Lessee in accordance with the Rental Agreement and the Special Rental Conditions, the Lessee shall be entitled to claim a refund of all or part of the agreed price, taking into account the seriousness of the breach, as well as, where applicable, compensation for any loss caused by the breach, subject to the provisions of Article 1.6.2.
2.12 – Insurance
The Lessee hereby certifies that they are covered by:
(i) Comprehensive insurance to protect against water and fire damage.
(ii) Liability insurance to cover property damage.
A copy of these insurance policies may be requested from the Lessee by the Owner/Lessor or their representative.
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 formal notice to remedy the breach within forty-eight (48) hours. If, within that period, the Defaulting Party has not remedied the breach, the other Party may terminate the Rental Agreement by operation of law, at its own risk and liability, without any court intervention, effective immediately. The formal notice and termination notice must be sent by any appropriate written means.
3 / General Terms and Conditions of Services
3.1 – Purpose and Scope
These General Terms and Conditions of Services are entered into exclusively between Le Collectionist and the Guest.
The Owner/Lessor of the property rented by the Guest is not a party to this contractual relationship. The General Terms and Conditions of Services govern the services provided by Le Collectionist to the Guest during their stay at the rented property by the Owner/Lessor and are separate from the Rental Agreement. The General Conditions of Services do not apply to the services organized and/or provided by the Owner/Lessor and mentioned in the Rental Agreement.
Since the General Terms and Conditions of Services are subject to change at any time, the applicable terms and conditions are those in effect on the day the Guest reserves the property.
3.2 – Services
In addition to its property reservation service on its Website, Le Collectionist provides a series of services related to rentals: Le Collectionist offers 3 tiers of concierge services of varying types and levels. The level of concierge service depends on the rented property and is indicated when the reservation is made. The Guest can upgrade to the next level of concierge services if they wish. Subscription to the higher concierge level is not refundable. Subscription does not guarantee the availability of services. Subscription to the concierge services does not include the amount of ordered services which shall remain payable in addition.
Tier 1 Basic Concierge Services (“Essential Concierge”) includes the following services:
Reception and handing over the keys.
The assistance of a concierge to organize your first shopping and arrival transfers (the cost of shopping and transfers is to be paid separately).
Standard housekeeping before check-in and after check-out (when this service is not available and, if necessary, housekeeping during the Guest's stay shall be on the days and times specified in the Special Rental Conditions).
Picking up the keys on departure.
These included cleaning services do not result in additional charges. The Guest is informed that any additional cleaning required due to the deterioration of the condition of the rented property may result in additional charges at the end of the stay.
Tier 2 Tailored Concierge Services (“Tailor Concierge”) includes the Basic Concierge Services and a private concierge service.
As part of these Tailored Concierge Services, the Guest may order a range of customized products or services from The Le Collectionist concierge service prior to their arrival. Requests can be made up to the day before arrival. These services include:
An on-site chef.
Household domestic staff.
Organization of excursions or activities.
Organization of transfers.
Depending on the Guest's wishes and needs, they may also request other products and/or services from Le Collectionist's concierge service.
Tier 3 Club Concierge Services (“Club Concierge”) enables the Guest to order a range of customized products and services from Le Collectionist before and for the duration of their stay.
The Guest has until the day before their arrival to sign up for the Club Concierge Services if they are not included in the initial package. The Guest must inform Le Collectionist and pay before arrival.
3.3 – Ordering Services
The services available with the property are communicated to the Guest during the reservation process.
The Guest may also request additional services during their stay at the rented property if it is associated with the Club Concierge Services. They can then contact the concierge service and make their requests within a reasonable period of time to enable Le Collectionist to meet them as best as possible.
Le Collectionist is bound by a best efforts obligation (obligation de moyens) and not by a performance obligation (obligation de résultat) for this concierge service. Subscribing to the premium concierge services does not guarantee the availability of services.
A written confirmation of the request may be requested from the Guest in order to process the order.
Le Collectionist's concierge service will accommodate all reasonable requests. No requests that are abusive, illegal, fraudulent, or detrimental to Le Collectionist or its employee representatives, the Owner/Lessor's, or any third party's interests will be taken into consideration.
In order to maximize the concierge service quality, calls to the concierge service may be recorded on the condition that the Guest is informed in advance.
3.4 – Contract Terms
The products and services ordered are subject to the provider/supplier's contractual terms and conditions which are available upon request. It is the Guest's duty to read them.
3.5 – Price and Payment Terms
As part of Tailored Concierge Services and Club Concierge Services, Le Collectionist acts as a transparent intermediary for the Guest. The Guest authorizes Le Collectionist to find the requested products and services from service providers and suppliers. The Guest will be charged for the products and services based on the rates indicated at the time of the order. A breakdown of the costs can be provided upon request.
The services and products ordered by the Guest shall be paid by credit card or bank transfer when ordered to Le Collectionist which will then pay the service provider/supplier on their behalf, or, in exceptional circumstances, directly to the service provider/supplier.
Le Collectionist may, where appropriate, receive compensation for its services as an intermediary by way of a commission.
Only payment of the products and services in full by the Guest will enable the final reservation to be confirmed. The credit card fees remain the responsibility of the Client.
3.6 - No Right to Withdraw from the Agreement
Pursuant to Article L.221-28 12 of the French Consumer Code, the Guest's right to withdraw from distance contracts may not be exercised for contracts relating to the provision of services for transporting goods, vehicle rental, meal services, or recreational activities which must be provided on a specific date or during a specific period.
Similarly, pursuant to Article L.221-28 paragraph 1 of the French Consumer Code, the Consumer Guest has no right to withdraw from the Agreement if services or products have been fully provided before the end of the withdrawal period (fourteen (14) days) and if the performance began after prior, express agreement and express waiver of their right to withdraw from the Agreement.
If the Consumer Guest orders services from the concierge service (other than those mentioned above, referred to in Article L.221-28 paragraph 12 of the French Consumer Code) during their stay, they will automatically be asked to expressly confirm that they have waived their right to withdraw from the Agreement in order to receive the services or products.
Consequently, the Guest shall have no right to withdraw once provision of the services or the product ordered has been confirmed by Le Collectionist.
If the Guest is acting in a professional capacity, they do not have a right to withdraw from the Agreement under any circumstances.
3.7 – Complaints
The Guest shall have forty-eight (48) hours from performance of the services or supply of the product to inform Le Collectionist of any complaints about the quality and proper performance of the agreed services. Whenever possible, Le Collectionist will seek to contact the provider/supplier to help the Guest resolve the issue. Beyond this forty-eight (48) hour period, no claims may be made by the Guest to Le Collectionist.
3.8 – Liability
The concierge service provided by Le Collectionist is a service as an intermediary between the Guest and the providers/suppliers of the products and services ordered by the Guest.
The client expressly authorizes Le Collectionist to search for service providers/suppliers to best satisfy the client's requests.
Le Collectionist cannot therefore be held liable in the event of non-performance or poor performance of the services by such providers/suppliers. They shall be exclusively responsible for the products and services they provide. The terms of booking, performance, and/or cancellation of the service provider/supplier shall apply.
Le Collectionist is only responsible for the quality of its service as an intermediary and cannot be held liable in the event of full or partial non-performance due to a force majeure event or due to the Guest's or provider/supplier's fault or, more generally, due to any other event beyond Le Collectionist's control.
3.9 – Purchasing the rented property
In the event that the Guest/Lessee plans to purchase the rented property from the Owner/Lessor, he/she agrees to inform Le Collectionist beforehand and to give them a purchase mandate. The Guest/Lessee shall not, from the date this Agreement is signed and for a period of twelve months after the end of the rental (or alternatively the end of this Agreement in the event of early termination for any reason whatsoever), deal directly with the Owner/Lessor without Le Collectionist's assistance for purchasing the rented property, whether directly, indirectly or through an intermediary.
Applicable Law and Settling Disputes
The General Rental Conditions shall be exclusively governed by French law and the French courts shall have exclusive jurisdiction (unless otherwise stated in the Special Rental Conditions).
4.1 – Dispute Resolution (Consumer Guests)
In the event of a dispute between Le Collectionist and the Consumer Guest, the Consumer Guest may contact Customer Service:
By email: email@example.com
By mail: Le Collectionist, 65 rue de la Victoire, 75009 Paris, France.
If the dispute is not amicably settled, the Consumer Guest may request a consumer mediator help resolve the dispute free of charge, within one year of the written complaint to The Collectionist.
The request to the Consumer Mediator must be made:
either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com.
or by mail sent to AME CONSO, 11 Place Dauphine, 75001 Paris, France.
The Guest must inform Le Collectionist of this action immediately. The Guest and Le Collectionist shall be free to accept or reject the proposed solution and, if necessary, submit the matter to the competent courts.
In addition, the European Commission has set up an online dispute resolution platform which the Guest can access at: http://ec.europa.eu/consumers/odr
4.2 – Dispute Resolution (Business Guests and/or Legal Entity Guests)
If the Guest books and rents as a business and/or if the Guest is a legal entity, Le Collectionist and the Guest shall make every effort to settle any dispute amicably. If the dispute is not resolved amicably within one (1) month, either Party may refer the dispute to the Commercial Court of Paris to which the Parties attribute exclusive jurisdiction.