General
Conditions of Seasonal renting 
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1. rental
The Vacation Rental
Agreement is concluded in the name and on behalf of the owner or its agent. For
this reason, Prestige Properties S.à.r.l. is duly authorized and entitled
to conclude the aforementioned contract at the agreed price appearing on an enclosed
form called Vacation Rental Agreement and handed over to the tenant(s) of the
rented object or to the approved retailer which will forward a copy to the tenant.
2. Reservation
The tenant will make
his reservation either directly with Prestige Properties S.à.r.l., or with an
approved retailer.
3. Price - Payment - Reservation
fees
The Euro is the
only currency of reference. The prices mentioned on the Internet Web site www.prestige-proeprties.com
and unless otherwise specified are by housing and per night. The prices in Swiss
Francs are subject to change according to the exchange rate of the Euro against
the Swiss Franc. The payment of an installment equal to 50% of the price of
the rental will have to be made at the time of the reservation in confirmation
of the order, the balance having to reach Prestige Properties S.à.r.l.
43 days preceding the date of beginning of the rental period and this without
recall. The payment of the balance determines the final signature of the contract.
As soon as the reservation is being made and the installment received, Prestige
Properties S.à.r.l. will establish the final invoice and a Vacation Rental
Agreement in which the price of the rental will be mentionned plus any possible
extra fees.
The exchange order for rental will be sent to the tenant 2 weeks approximately
before the date of the beginning of the rental. It mentions all useful information
to reach the point of destination and must be presented on arrival to collect
the keys.
In case the reservation would intervene less than 43 days before the beginning
of the rental, the full payment will have to be effected.
For any reservation and depending the workflow generated, Prestige Properties
S.à.r.l. invoices a fee comprised between Euro 30.- and Euro 100.- and
this independently of the additional fees likely to be invoiced by a retailer
approved by Prestige Properties S.à.r.l.
The means of payment of the deposit as well as the balance will be precised
at the time of the booking.
4. Minimum Period of rental
The minimum period
of rental is generally of one week, Saturday to Saturday, the arrival generally
being between 4.00 p.m and 8.00 p.m and the departure between 8.00 a.m and 10.00
a.m, some exceptions being possible in certain cases which will be communicated
at the time of the reservation. A minimum of a two weeks rental stay is compulsory
during August and July. During these two months and unless otherwise advised,
it is of use that the periods of a two weeks rental stay run from the 1st to the
15th and from the 16th to the 31st.
From case to case stays of less than one week will be considered.
5. Arrival and departure
- Conditions - Number of persons
If the tenant has
no possibility to respect the schedules of arrival and departure mentioned in
paragraph 4 above, it must imperatively inform the owner or his representative
whose datas appear on the exchange order.
If the tenant cannot take possession of the rented property at the day and
hour planned and this, for any reason, the totality of the committed sums remains
due. The same applies to any shortened stay.
On arrival, the tenant is due to present the exchange order as well as an identity
paper to the owner or his representative. The number of people (adult and children)
cannot, in no case, exceed the number of places of beds indicated on the Vacation
Rental Agreement.
6. Insurances
No travel insurance
is included in the prices. At the request of the tenant and under certain conditions
Prestige Properties S.à.r.l. can propose travel insurances at attractive
price such as: cancellation before the departure, assistance/repatriation, loss
of luggage, etc. It belongs to the tenant and to his accompanying party to be
covered against the risks of accidents. Besides, the tenant must ensure towards
his insurance company that he is insured against the risks for which he could
be held responsible (fire, water damage) and this even if the owner has his own
insurance.
7. Services - Price
The price of the rental
exclusively aims at the possibility for the tenant to use the rented property
on a purely exclusive basis for the agreed length of stay.
In addition are generally included in the price and in so far as it is not otherwise
specified at the time of the reservation: the availability of bath linen, bed
linen, consumer expenditure of gas, electricity, hot and cold water, air-conditioning,
heating in so far as they are kept within a limit of reasonable consumption or
previously determined, as well as the final cleaning of the house. In the absence
of being included in the price of rental, the above mentioned expenditures could
be cashed on the spot or taken from the amount of the deposit. The same applies
to possible expenses of telephone call and fax.
8. Modification of the
prices and services
Modifications of the
prices as well as the services can exceptionally occur after the conclusion of
the Vacation Rental Agreement. If the modification of the service relates to an
essential point of the contract, this one could be cancelled without expenses
within five days following the reception of information. In this case the tenant
will be completely refunded of the already paid sums. Modifications of prices
which would intervene at the latest 22 days before the beginning of the rental
and after signature of the contract will only relate to the following reasons:
increase or introduction of taxes, variation of the rate of exchange. In the event
of an increase higher than 5% of the price of the rental, the tenant can ask for
the cancellation of his contract and for the integral refund of the sums which
he will have already paid.
9. Deposit
It is of use that
a deposit whose amount varies according to the rented property is requested to
the tenant and must be paid to the owner or his representative directly on the
spot, in cash or by credit card according to cases. This deposit will be refunded
to the tenant at the end of the rented period, usually before he leaves, if no
deterioration were noted throughout this period. Depending on the property rented,
the deposit may be refunded after the clients departure in a time period not exceeding
two weeks. From the deposit could also be taken the amount of the franchise in
the event of damages accidentally caused to the rented property and/or furniture,
as well as for invoices not settled on the spot (drinks, electricity in extra,
etc).
10. Obligation of the tenant
In addition to the
payment of the price and a possible deposit, the tenant commits himself to maintain
the housing carefully and to comply with the rules of vicinity. Before his departure,
the tenant is held to leave the kitchen installations, the crockery and the domestic
ustensils clean (not included in the final cleaning).
The owner or his representative on the spot must be imperatively informed of any
degradation or any damage caused by the tenant or one of the occupants of the
housing. The responsibility of the tenant is committed for all damage that him
or the accompanying people will have caused.
11. External maintenance
If necessary, the
owner or his representative on the spot reserves a right of access to carry out
the essential work in order to maintain the rented property (gardening, maintenance
of the swimming pool and installations, etc)...
12. Modifications - Cancellation
- Cancellation fees
For each modification
of an initial reservation and in so far as the period of rental does not change,
a fixed fee of Euro 30.- will be charged.
In the event of cancellation of the reservation and even if it is replaced by
another reservation, the following percentage will apply on the total amount of
the reservation: 15% until the 44th day preceding the beginning of the rental;
50% from the 43rd to the 30th day preceding the beginning of the rental; 90% from
the 29th to the 5th day preceding the beginning of the rental; 100% from less
than 5 days preceding the beginning of the rental. In certain cases and according
to the nature of the rented property, these fees could amount to 90% of the price
of the package from the 43rd day to the 5th day preceding the beginning of the
rental. Moreover, the reservation fee of Euro 30.- as well as any possible additional
expenses will have to be supported by the tenant. Whatever the reason for cancellation
is, the amount of these expenses cannot be reduced. The tenant is highly recommended
to subscribe an insurance covering at least the cancellation and assistance fees.
Prestige Properties S.à.r.l. is at the entire disposal of the tenant to
inform him on this subject.
13. Pets
A few owners refuse
the access of their housing to pets. Before reserving, the tenant will advise
if he intends to carry an animal with him. In the case of a positive answer it
rests with him to deal with all the formalities concerning the importation of
animal in the country of destination. A supplement is generally charged.
14. Proposal for a replacement
If unforeseeable and
insurmountable circumstances prevent the rental of the reserved property,
Prestige Properties S.à.r.l. reserves the right to propose to the tenant a housing
equivalent to the reserved property before the beginning of the rental.
Prestige Properties S.à.r.l. can cancel the contract before and during its execution
if unforeseeable and insurmountable circumstances gave place to the impossibility
of maintaining the rental; the same applies if the safety of the tenant and that
of his accompanying party could not be assured any more.
On this assumption, the execution of the contract cannot, in no case, be demanded.
The sums paid by the tenant will then be completely or partially refunded, being
deducted the already provided services and the report of the inventory of fixtures.
A cover of insurance assistance/repatriation is highly recommended.
15. Responsibility
a. Prestige Properties
S.à.r.l. was based in good faith on the indications which were provided
to him by the owner of the property to rent or by its representative on the
spot and has taken all useful measurements to make sure that the property put
in rental corresponds to the indications provided to the tenant and the provided
photographs have only a vocation of illustration. Therefore, except serious fault
from its side, Prestige Properties S.à.r.l. declines any personal responsibility
with respect to the tenant if, contrary to information which was given to him
by the owner or his representative stipulated in the description of the tenement,
the rented property was not to correspond exactly to that description, even
to the idea that it was done on the basis of the aforesaid description which forms
integral part of the Vacation Rental Agreement.
b. Prestige Properties S.à.r.l. declines any responsibility towards any
personal damage, whose tenant and his accompanying party could be the victims,
namely the material, body damages and the flight.
c. In the same way, Prestige Properties S.à.r.l. declines its responsibility
in the following cases: 1) facts or serious failures from the tenant or from one
of his accompanying party, 2) unforeseeable and insurmountable negligences ascribable
to a third and inherent to the supply of the services foreseen in the contract,
3) in the event of act of God or because of an event that neither Prestige Properties
S.à.r.l. nor the owner or his representative could foresee despite all
their diligence and against which they cannot act, 4) damage and losses undergone
by the tenant and his accompanying party in the event of effraction.
d. The responsibility of Prestige Properties S.à.r.l. for the representative
and the staff is expressly excluded.
e. In the event of minor problems on the spot, the tenant will endeavour to solve
them as well as possible and to minimize them in order to avoid the possible prejudices
which coud result from them. The owner or his representative on the spot will
provide to the tenant all the necessary assistance.
f. Except the above mentioned minor problems, the tenant who, when taking possession
of the house or throughout the rented period, was to note that the rented property present some defects such as those related to electricity or water or to
the absence of promised services (bathroom linen and bed linen, crockery) will
immediately warn the owner or his representative on the spot which commit themselves
to take any necessary measure to solve the defect as soon as possible. Any request
for compensation on this subject will have to be addressed immediately to the
owner or to his representative on the spot: no complaint on this subject presented
after the return of the tenant will be taken into account.
g. The specificity and the unicity of the rented property for a given period
and at a given price exclude any right for the tenant to be rehoused in another
real estate once on the spot. h) For all complaints other than those mentioned
under e) and f), they will have to be addressed to Prestige Properties S.à.r.l.
which, as a representative, will transmit them to the owner or his agent.
16. Court of competent
jurisdiction - Jurisdiction
The parties to
the Vacation Rental Agreement, on the one hand the owner and on the other hand
the tenant, accept that the law applicable to the present contract is the Swiss
law.
All claims arising from the Vacation Rental Agreement or related to it that
the tenant could put forward will be directed against the owner and not against
Prestige Properties S.à.r.l. which, in accordance with art. 32 al.1 of the Swiss
"Code des Obligations" being only the direct representative of the owner, does
not have the passive legitimation.
All disagreements arising from the Vacation Rental Agreement or in relation
to it will be definitively settled by only one judge-referee designated by mutual
agreement between the parties according to the regulations of arbitration of
the Chamber of Commerce and Industry of the canton of Geneva.
The seat of the arbitration is in Geneva and the language of the arbitration
is the French.
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Prestige Properties
S.à.r.l. - Geneva - January 2008 |