GENERAL CONDITIONS OF SALE AND SERVICE “Concierge service”

Real Estate Agency

Professional card: CPI 7301 2016 000 009 436 CCI in Savoie

Without collection of funds

Financial guarantee: GALIAN ASSURANCE Amount: € 120,000

FOREWORD:

SAS Cimalpes (‘CIMALPES’) carries out activities relating to the profession of real estate agent, as defined by article 1 of law n° 70-9 of 2 January 1970, known as the ‘Hoguet law’. It offers a range of quality services in the areas of sales, property management, rental management and real estate advice.

As part of its service portfolio, CIMALPES offers seasonal and vacation rentals in apartments and chalets in various resorts in the French Alps. In conjunction with these rentals, CIMALPES also offers, as an intermediary, concierge-style services to its clients.

The CONCIERGE SERVICE allows CIMALPES' CLIENTS to book accessory services and PRODUCTS in addition to their previously-booked rental stay.

In these GENERAL CONDITIONS OF SALE AND SERVICE ‘Concierge Service’. the above-mentioned terms have the following meaning:

• ‘CLIENT’: means any natural person who is a customer, having booked and paid for a rental stay with Cimalpes or one of its partners, and who, in addition, wishes to make use of the CONCIERGE SERVICE.
• ‘ORDER’: means the purchase of PRODUCTS or the booking of a SERVICE by the CLIENT via the CONCIERGE SERVICE.
• ‘GENERAL CONDITIONS OF SALE AND SERVICE “Concierge Service”’ (or ‘GCSS’): means these contractual conditions relating to the provision of PRODUCTS and SERVICES by CIMALPES to its clients.
• ‘DELIVERY’: means the first presentation of PRODUCTS ordered by the CLIENT at the delivery address specified in the ORDER.
• ‘PROVIDER’: means the professionals who deliver the PRODUCT or provide the SERVICE booked via CIMALPES and paid for by the CLIENT.
• ‘SERVICE’: means any service offered via CIMALPES, acting as an intermediary, to the CLIENT as part of the ‘CONCIERGE SERVICE’.
• ‘CONCIERGE SERVICE PASS’ or ‘PASS’: means all pricing formulas offered by CIMALPES which give access to different categories of SERVICE or PRODUCT.
• ‘PRODUCT’ means any product offered to the CLIENT by CIMALPES as part of the CONCIERGE SERVICE.
• ‘CONCIERGE SERVICE’ means the offering via which CIMALPES offers the delivery of PRODUCTS and the provision of SERVICES to CLIENTS according to the conditions and service description as set out in these GCSS ‘GENERAL CONDITIONS OF SALE AND SERVICE’.
• ‘SITE’: means the website accessible at the following address: cimalpes.com

            The SITE includes all web pages, services and features offered to CLIENTS.

Any CLIENT making use of the CONCIERGE SERVICE offered by CIMALPES undertakes to have reviewed and unreservedly accepted these GCCS prior to placing any ORDER.

1. PURPOSE

These GCSS apply to the sale of a CONCIERGE SERVICE, in the form of a CONCIERGE SERVICE PASS, to CLIENTS who have booked a vacation rental, in particular the conditions associated with and means of access to these concierge services.

These GCSS only apply to the booking of ORDERS or putting a CLIENT in touch with a service provider able to satisfy a specific requirement, and are not intended to replace those applicable to the provision of SERVICES and the sale of PRODUCTS by PROVIDERs.

2. ACCEPTANCE OF GCSS

These GCSS will be communicated to the CLIENT at the time of booking a stay with Cimalpes and can be viewed on the SITE.

The CLIENT should carefully review these GCSS and accept them before proceeding to payment for an ORDER.

The placement of any ORDER implies unreserved acceptance of these GCSS.

3. CONCIERGE SERVICE - PASS

3.1 CIMALPES client

To benefit from a CONCIERGE SERVICE PASS and place and ORDER, the buyer must be a CLIENT of CIMALPES.

The CLIENT must have booked and payed for a stay with CIMALPES prior to subscribing to one the PASSES offered as part of the CONCIERGE SERVICE.

3.2 Review of CONCIERGE PASSES

Prior to acceptance of these GCSS, CIMALPES undertakes to present, as clearly as possible, the characteristics of PASSES and any obligatory information that the CLIENT must have received under applicable legislation, and in the manner required by such legislation.

The services offered via the CONCIERGE SERVICE will be described on the CIMALPES website, at the following address: www.cimalpes.com

3.3. Presentaion of prices and services included in each PASS

The CONCIERGE SERVICE offered comprises only the booking and organisation of the ORDER and does not include its fulfilment. The provision of SERVICES and the delivery of PRODUCTS will be carried out by PROVIDERS. As such, ORDERS will be invoiced directly to CLIENTS by the PROVIDER.

CIMALPES offers three levels of PASS which confer access to different kinds of PRODUCT and SERVICE.

3.3.1. Snow Pass:

The Snow Pass (‘SNOW PASS’) is a concierge service comprising booking of:

• Ski equipment rental
• Ski passes

Access to the SNOW PASS concierge service is available upon payment of the sum of €90 including all taxes.

33.2. Booking Pass:

The Booking Pass (‘BOOKING PASS’) is a concierge service with a value of €300 including all taxes, which comprises the services included in the SNOW PASS as well as the booking of:

• Ski lessons (group or private)
• Grocery shopping and delivery
• Train station and airport transfers at your arrival and departure
• Babysitting services
• Activities (available in the resort)
• Well-being
  *Beauty treatments, hairdressing
  *Dog grooming
• Christmas decorations or provision of Christmas decorations (bare tree or decorated tree)

Access to the BOOKING PASS concierge service is available upon payment of the sum of €300 including all taxes.

3.3.3. Serenity Pass:

The Serenity Pass (‘SERENITY PASS’) is a concierge service with a value of €600 including all taxes which comprises the services included in the two other PASSES as well as the booking of:

• Private chef (depending upon category of the property)
• Outside catering (depending upon category of the property)
• Butler (from €350)
• Private transport during your stay (driver, taxi or helicopter)
• Restaurants

3.3.4 Availability of PRODUCTS and SERVICES

Fulfilment of an ORDER is conditional upon the availability of the PRODUCT or SERVICE from the SERVICE PROVIDERS in the resort in which the client is staying.

CIMALPES undertakes to inform the CLIENT of any non-availability as soon as possible.

3.4. Payment for the PASS

When subscribing to the CONCIERGE SERVICE, the CLIENT must pay directly to CIMALPES the sum corresponding to the required PASS.

In the event of non-payment or incomplete payment of this sum, the subscription to the CONCIERGE PASS will not be confirmed and the CLIENT will not be entitled to use the CONCIERGE SERVICE.

4. ORDER PROCESS

4.1. Before Arrival:

Following confirmation of subscription to one of the PASSES, the CIMALPES agency will send a ‘Concierge Service Form’ to the CLIENT in order to collect information about the CLIENT’s CONCIERGE SERVICE requirements.

This form must filled out and returned no later than fourteen (14) calendar days prior to the start of the CLIENT’s stay, to allow CIMALPES to take all necessary measures to satisfy the CLIENT’s requirements.

CIMALPES will then send the CLIENT a request for further information via a ‘Discovery Form’ in order to capture any necessary additional information regarding the ORDERS which have been booked. This form must be filled out and returned no less than seven (7) calendar days prior to the provisional date of the ORDER.

A written summary of the completed ORDERS will be provided to the CLIENT prior to the provision of the SERVICES, and no later than the day of arrival at the accommodation.

The CLIENT is informed that if the ‘Concierge Form’ or ‘Discovery Form’ is not returned within the above time limits, CIMALPES cannot guarantee the fulfilment of all requests made by them.

A quote will be sent prior to confirmation of any ORDER for the following: Station or airport transfers, babysitting, wellness services, Christmas decorations. These SERVICES will be subject to written confirmation by the CLIENT.

4.2 During the stay:

Additional ORDERS may be placed during a CLIENT’s stay by directly contacting the CIMALPES agency by telephone, email or WhatsApp.

In order to be actioned by CIMALPES, all new ORDERS by the CLIENT must be placed at least the day before the required delivery of the PRODUCT or SERVICE as follows:

For an ORDER required in the morning, i.e. before 12:00; any modification or cancellation must be received no later 16:00 the day before.

For an ORDER required in the afternoon, i.e. after 12:00; any modification or cancellation must be received no later 19:00 the day before.

4.3. Conditions applicable to all orders

All ORDERS will only become definitive once they have been confirmed in writing by CIMALPES via electronic means (email and/or WhatsApp).

In order to confirm the booking of some SERVICES with PROVIDERS, CIMALPES will ask  the CLIENT to verbally provide their payment/credit card details. 

5. MODIFICATION AND CANCELLATION OF AN ORDER

To be taken into consideration by CIMALPES, all requests by the CLIENT to modify or cancel an ORDER confirmed by the PROVIDER must be received at least three (3) calendar days prior to the date of DELIVERY of the PRODUCT or provision of the SERVICE.

Any modification or cancellation request by the CLIENT received after the specified time limit may be refused by CIMALPES.

In addition to the above, any request for modification or cancellation is also subject to the PROVIDER's general conditions of sale or service. If these do not allow refund of an ORDER, the amount due will remain payable by the CLIENT and any amount already paid by the CLIENT will not, under any circumstances, be refunded.

6. EXECUTION OF THE ORDER

Depending on the proposed arrangements, on the date and at the time of the booked SERVICE, the CLIENT will go to the place where the SERVICE is to be provided, or the agreed meeting point.

The SERVICE will be provided as per the CLIENT’s ORDER and in accordance with any applicable regulations.

The placing of an ORDER by the CLIENT via CIMALPES does not imply in any way that the SERVICE will be provided directly by CIMALPES.

Despite every care being taken by CIMALPES, the latter acts solely as an intermediary or agent in the relationship between the CLIENT and the PROVIDER.

The PROVIDER fulfilling the ORDER retains total independence in the delivery and fulfilment of its ORDER. The PROVIDER must take all steps necessary in line with its professional obligations and, where necessary, to comply with its professional code of ethics.

CIMALPES will not be liable in any way for the execution of the contract of sale or service.

CIMALPES will also not be held responsible for any loss, damage or prejudices whatsoever which may be caused by the PROVIDER, including delays in delivery/fulfilment or non-compliance of a service.

Delays in execution do not lead to the cancellation or modification of the ORDER.

7. PRICE AND PAYMENT FOR THE ORDER

Prices will be communicated in Euros inclusive of all taxes (TTC) for all PRODUCTS and SERVICES.

Prices will in particular include value added tax (TVA) at the rate due on the date or the ORDER. Any modification of the applicable rate may impact the price of PRODUCTS and SERVICES depending upon the date when the new rate comes into force.

Payment for PRODUCTS and SERVICES ordered via the CONCIERGE SERVICE shall in principle be solely and directly to the PROVIDER concerned.

In some cases, where a booking must be confirmed or an ORDER paid for in advance, CIMALPES will do so using the CLIENT’s payment or credit card details. These details will be communicated verbally by the CLIENT at the time of payment for the ORDER or confirmation of the booking with the PROVIDER.

When providing their card details, the CLIENT authorises CIMALPES to pay the full amount of the ORDER.

All necessary steps will be taken to guarantee the security and confidentiality of data communicated during payment for PRODUCTS and/or SERVICES. 

8. RIGHT OF WITHDRAWAL

8.1 Right of withdrawl from subscription to the CONCIERGE PASS:

The client has a period of fourteen (14) days from the date of subscription to one of the CONCIERGE PASSES during which to exercise his or her right of withdrawal.

To do so, an email should be sent to the local CIMALPES agency in the resort where the CLIENT has booked their stay.

CIMALPES will not be held accountable for any withdrawal request communicated verbally.

In case of withdrawal by the CLIENT, CIMALPES undertakes to refund, within thirty (30) calendar days, the amount paid corresponding to the PASS to which the client subscribed.

This right of withdrawal can, however, no longer be exercised after the client has returned the discovery form and CIMALPES has taken the actions necessary to meet the CLIENT’s requests and requirements.   

8.2 Right of withdrawal of an ORDER:

The CLIENT is informed that CIMALPES acts solely as an intermediary in the purchase of PRODUCTS or the booking of a SERVICE.

Therefore, provided that the conditions set out by Articles L221-1 and following of the Code de la Consommation (Consumer Code) are met, the client will only exercise his or her right of withdrawal directly with the  PROVIDER.

CIMALPES undertakes to act on behalf of the CLIENT during his or her approach to the PROVIDER.

9. LIABILITY AND INSURANCE

The CLIENT expressly acknowledges that in the context of the provision of its CONCIERGE SERVICES, CIMALPES is only bound by an obligation of means.

Apart from its responsibility as an intermediary, CIMALPES cannot be held responsible for any dispute relating to the quality of PRODUCTS or SERVICES (including compliance with deadlines or specifications) delivered or provided by a PROVIDER.

Requests of any kind (complaints, reservations or disputes, including problems to do with guarantee or non-conformity) relating to the PRODUCTS or SERVICES ordered within the framework of the mandate given to CIMALPES, must be addressed directly by the CLIENT to the PROVIDER concerned, without CIMALPES being held liable. CIMALPES will nonetheless be able to forward any letter of complaint from the CLIENT to the PROVIDER.

CIMALPES’ liability shall be limited to direct material damage caused by an act, error or omission on its part proven by the CLIENT.

All items and personal effects belonging to the CLIENT remain his or her responsibility at all times.

CIMALPES holds a professional third-party liability insurance policy with GALIAN ASSURANCE, policy no. 120 137 405, covering concierge activity on an accessory basis.

The services offered via the CONCIERGE SERVICE PASS do not include any insurance. It is the CLIENT's responsibility to verify that the prices of PRODUCTS and SERVICES offered by PROVIDERS include insurance. 

10. FORCE MAJEURE

CIMALPES cannot be held responsible, or considered to have failed to meet its contractual obligations, for any delay or non-execution, where the cause of the delay or non-execution is related to a case of force majeure.

In contractual matters, force majeure occurs when an event outside the control of one of the parties to the contract, which could not have been reasonably foreseen at the time of contract signature, and the effects of which cannot be mitigated by appropriate measures, prevents that party from fulfilling its contractual obligations.

If the effect of the force majeure event are temporary, the performance of the obligation shall be suspended, unless the resulting delay justifies termination of the contract. If the effect is permanent, the contract will be terminated automatically and both parties freed from their obligations under the conditions specified in articles 1351 and 1351-1 of the Civil Code.

In this respect, CIMALPES cannot be held liable in particular in the event of an attack by hackers, non-availability of materials, supplies, spare parts, personal or other equipment, the interruption, suspension, reduction or disruption of electricity or other services, or any interruption of electronic communications networks, as well as in the event of any circumstance or event outside the control of CIMALPES occurring after the conclusion of the contract and preventing its execution under normal conditions.   

It is specified that, in such a situation, the CLIENT can not demand any compensation from, and cannot bring any action against CIMALPES.

Should one of the above-mentioned events occur, CIMALPES will endeavour to inform the CLIENT as soon as possible.

11. COMPLAINTS

If desired, the CLIENT can make a complaint to CIMALPES within ten (10) days, inclusive of the day upon which any PRODUCT or SERVICE was due to be provided, in particular under the following circumstances:

• PRODUCT not received or SERVICE not provided: the PRODUCT was not received by the CLIENT or the SERVICE was not provided.
• Non-compliant PRODUCT or SERVICE : the PRODUCT received or the SERVICE provided was different from the PRODUCT or SERVICE that was ordered.
• Damaged PRODUCT : the PRODUCT received was damaged or broken.

To make a complaint, the CLIENT should contact his or her local CIMALPES agency via telephone, SMS, WhatsApp or email, including any supporting documents.

CIMALPES will take appropriate action with the PROVIDER so that the CLIENT is satisfied. Any actions by CIMALPES in this regard should not be interpreted by the CLIENT as an assumption of responsibility by CIMALPES.

The CLIENT may also register a complaint directly with the PROVIDER concerned, in line with the latter’s general conditions of sale or services.

12. PROTECTIONS AND PERSONAL DATA

In the context of the CONCIERGE SERVICE and the execution of these GCSS, CIMALPES is likely to process the CLIENT's personal data as the Data Controller.

These data are required to process and manage ORDERS and will be treated in accordance with the purpose for which they were collected.

Consequently, the CLIENT is informed that his or her personal data which are necessary for the performance of SERVICES and/or the delivery of PRODUCTS will be communicated to the relevant PROVIDERS.

It is therefore expressly agreed that CIMALPES, as the Data Controller, will do everything in its power to ensure the security and confidentiality of any personal data entrusted to it.

Personal data will be retained for a period no longer than one (1) year after the end of any stay booked via CIMALPES.

It is reminded that the CLIENT, whose personal data are processed, has rights of access, rectification, updating, portability and deletion of data relating to him or herself, in accordance with the provisions of Articles 39 and 40 of the Data Protection Act, and the provisions articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR).

In accordance with the provisions of Article 38 of the Data Protection Act, and Article 21 of the GDPR, the CLIENT can also, on legitimate grounds, object to the processing of his or her personal data, without specifying a reason or incurring any cost.

The CLIENT can exercise his or her rights by sending an email to rgpd@cimalpes.com, or by sending a letter to the following address: CIMALPES (Service juridique), 519 Chemin de la Cassine, 73200 ALBERTVILLE, France, along with proof of identity.

If the CLIENT, after having contacted us, believes that his or her rights have not been respected, he or she may send a complaint to the Commission Nationale de l'Informatique et des Libertés.

The CLIENT is invited to review CIMALPES’ confidentiality policy available at the address https://www.cimalpes.com which provides further information relating to protection of personal data and their processing within the context of the CONCIERGE SERVICE.

13. VALIDITY OF THE GCSS

These GCSS supersede any previous agreement, arrangement or contract, whether verbal or written, concluded between the parties and relating to the same subject. Any agreement deviating from or supplementing this contract must be concluded in writing.

Any annulment of one or more clauses in these GCSS shall not affect any other of its stipulations, which shall remain fully in force insofar as the general structure of the contract can be preserved.

These GCSS may be modified and update by CIMALPES at any time.

It is, however, specified that the applicable GCSS are those in force at the time that any ORDER is placed. As such, modifications to these GCSS will not apply to PRODUCTS or SERVICES that have already been ordered.

The CLIENT undertakes to review these GCSS with every new ORDER,  the latest version of the GTCS being applicable to each new ORDER.

14. INTELLECTUAL PROPERTY RIGHTS

All brands, trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of CIMALPES. No transfer of intellectual property rights is made through these GCSS. Any total or partial reproduction, modification or use of these articles for any reason whatsoever is strictly forbidden.

15. VALUE OF TRANSLATION

This contract was written in French and translated into English for the benefit of English-speaking clients. In spite of every care being taken, in the case of any difference resulting from translation, the parties agree that the French version shall prevail.

16. RESOLUTORY CLAUSE

In the event of failure to comply with any of the clauses of this contract, notification will be made by e-mail.

In the event of failure to comply within ten (10) days of the notification, the contract will be automatically terminated.

17. AMICABLE RESOLUTION OF DISPUTES - CONSUMER MEDIATION

In the event of a dispute regarding the validity, interpretation or execution of these GCSS, the parties undertake to seek an amicable resolution prior to any litigation.

The CLIENT is invited to contact the CIMALPES agency in the first instance, in accordance with Article 11 in these GCSS.

Where the CLIENT deems the response given by the CIMALPES agency to be unsatisfactory, he or she is informed that he or she can contact the Consumer Mediation service via electronic means at contact@anm-conso.com, www.anm-conso.com or by letter to ANM Conso, 62 rue Tiquetonne, 75002 Paris, France. 

18. APPLICABLE LAW AND JURISDICTION

It is expressly agreed that these GCSS are governed by French law.

In the absence of an amicable settlement at the end of a period of three (3) months from the date of notification of a dispute by the requesting party to the other party, exclusive jurisdiction is given to the competent Court of Albertville to rule on this dispute.