Absolu Living is based in Paris and manages a portfolio of furnished apartments on behalf of Absolu Travel, the leading provider of furnished apartments for the gay community in Paris and Nice.
Accommodation in a furnished apartment is subject to Absolu Travel’s General Terms and Conditions, which are attached:
ARTICLE 1 : THE RENTAL CONTRACT
The rental contract is made up of the following elements which are inseparable and equally binding on all guests: (1) these contract for a particular rental agreement or reservation confirmation; (2) the inventory of the apartment and (3) the ‘Quietness Charter’. The payment of the deposit implies acceptance of all the conditions in the rental contract, even if the Client has not signed it, because the Client has been made aware of the provisions in the contract when reserving online, in particular via Absolu Travel’s websites.
The current contract with the Client constitutes a sub-letting agreement granted by Absolu Travel, who is the owner’s primary tenant. By explicit agreement, the current contract is not subject to the law of 6 July 1989, nor is considered a commercial lease according to articles 145-1 to 145-65 of the French commercial code, nor to article L632-01 of the French building and residential code.
The current contract is subject to the rules governing parties in a civil rental agreement (articles 1714 to 1762 of the French civil code), excluding all notions of primary residence, permanent residence, commercial or otherwise. The contract is personal and applies individually to the Client and all guests mentioned in the reservation. It is non-transferrable.
Unless otherwise agreed upon, check in is after 2 pm the day of arrival and check out before 11 am the day of departure.
ARTICLE 2 : MAINTENANCE SURVEILLANCE
Absolu Travel reserves the right to enter the apartment at any time for maintenance, including of security systems, and surveillance. Acceptance of these terms and conditions is essential; these provisions form the grounds on which Absolu Travel leases the apartment.
ARTICLE 3 : END OF RENTAL PERIOD
The rental will last for the period agreed between the two parties and set out in the specific conditions of the rental agreement. The rental contract ceases to be valid at the end of the period set out in the specific conditions, without any need for a formal notice period. The rental period can never be extended without the prior consent of Absolu Travel. At the conclusion of the rental period, any personal property remaining in the apartment shall be removed and stored at client’s expense and risk. Any personal belonging unrequested by the client within 72 hours will be considered as left behind. In no case Absolu can Travel be held liable for forgotten objects, whether or not they have been brought to our attention.
ARTICLE 4 : RESERVATION
Absolu Travel cannot guarantee the availability of a specific apartment, but only an apartment from the category reserved by the Client, or from a rate category.
ARTICLE 5 : GUEST DETAILS
The Client acknowledges that knowledge of the identity and home address of each guest is an essential element without which Absolu Travel would not have accepted to rent the apartment. In order to confirm his identity, the Client must send Absolu Travel a copy of his ID as well as a copy of his credit card, from which he may cover the first 12 numbers if he wishes. During check-in, the Client and all guests must present their ID and Absolu Travel will keep a copy. Any missing or inaccurate information will lead to the cancellation of the contract, with any sums paid remaining the property of Absolu Travel.
ARTICLE 6 : PAYMENT
Rental fees, service charges and the pre-authorization security deposit must all be paid before collecting the keys using (1) a Visa or MasterCard credit card; (2) travellers’ cheques in euros or (3) cash in euros. For credit card payments, the card used must be in the Client’s name. The client is responsible for any transaction fees. If the Client arrives outside of normal business hours, the Client must pay on line according to the instructions provided. Anybody who pays for all or part of the stay becomes a signatory to the current contract and is equally bound by it.
For payments by credit card, the Client expressly renounces his right to dispute any charges to his credit card made by Absolu Travel. Absolu Travel reserves the right not to accept payment by credit card, especially if the credit card owner isn’t here physically.
Under no circumstances does early departure entitle the Client to any form of reimbursement. Any sum payable during or at the end of a stay, including but limited to final housekeeping, service interventions, damage to the apartment or its contents, client negligence or excess electricity consumption shall be deducted from the Client’s credit card.
Apartment keys are available upon the payment of all rental and service fees and the security deposit.
ARTICLE 7 : FINAL BILL ESTIMATE AND CREDIT CARD PRE-AUTHORISATION
The final bill estimate includes all charges, but cannot always be calculated at the start of the stay, for instance because of cleaning charges, online purchases or the cost of making good damage to the apartment and its fixtures. This amount also includes a security deposit and must be paid before the keys can be provided.
In exceptional circumstances, and at the request of the Client, Absolu Travel will accept that the final bill estimate can be paid via the ‘Payment for the Rent of Goods or Services’ payment card system, or PLBS. In exchange, the Client gives his authorisation to Absolu Travel to charge against the estimated amount of the PLBS any sums outstanding at the end of the stay, including final cleaning, repair charges and the replacement or repair of missing or damaged items. The Client formally relinquishes any ability to contest with his bank any charges made in this way by Absolu Travel. This relinquishment of the right to contest charges made after the stay is an essential condition without which Absolu Travel would not have accepted payment for the rental of the apartment in this way.
The payment card authorisation also constitutes the security deposit, which shall in no way limit the financial liability of the Client, and can exceed the deposit amount paid or the estimated amount of the payment card authorisation. As a consequence, the Client relinquishes his right to contest any further charges which Absolu Travel has informed him of and justified.
ARTICLE 8 : CHECK-IN AND CHECK-OUT INVENTORY
There is no damage to the apartment upon arrival, unless explicitly mentioned in the check-in inventory which forms part of the rental agreement. Within 24 hours of arrival, the Client must notify any defect not cited in this document as well as any remarks he wishes to add. No complaints will be accepted thereafter, including those raised for the first time during the check-out inventory.
The Client must perform a final and thorough cleaning of the apartment before departure. If this is not done, the Client will be billed for this service through the final bill estimate and it will be charged to his credit card pre-authorisation.
If the Client cannot be present during the check-out inventory, including for reasons of his own schedule, then Absolu Travel will conduct the check-out inventory in his absence. The Client accepts that the cost of any final cleaning not carried out, any repairs, the replacement of missing or damaged items and any further problems noted by Absolu Travel will be charged to him via the payment card authorisation. Returning the keys at the end of the stay does not in any way imply that the apartment has been returned in an acceptable condition.
ARTICLE 9 : DESCRIPTION
The apartment is described on Absolu Travel’s websites and other reservation sites. The Client has an overview of the apartment, including non-binding photos, a description and a full list of fixtures. As the current contract is not subject to the French law of 6 July 1989, the surface areas indicated have not been measured in accordance with the French ‘Carrez Law’, are provided purely for information and are non-binding. Absolu Travel is not liable for these claims and they cannot be guaranteed.
The decoration and equipment in the apartment is subject to change over time. Absolu Travel cannot guarantee any particular decoration or equipment.
ARTICLE 10 : CANCELLATION POLICY
The following rules apply to the cancellation of a confirmed reservation or early departure: (1) for cancellations made less than 10 days prior to arrival or in the case of “no show,” the balance for the entire rental will be charged; (2) for cancellations made more than 10 days prior to arrival, the entire deposit shall be forfeited; and (3) no refund will be made in the event of an early departure.
By paying a deposit and accepting all of the conditions in the rental contract, the Client and renounces his right to contest any payments charged to his credit card by Absolu Travel, including, but not limited to, the remaining balance for stays cancelled fewer than 10 days before arrival or in the case of a no show.
ARTICLE 11 : INSURANCE
The Client, and any other occupants of the apartment, confirm that they are insured against theft, personal injury and damages of any kind, that they either suffer or cause during their stay, and that they hold third-party liability insurance. They therefore accept that Absolu Travel can accept no liability for any theft or other incident that takes place during their stay and they accept responsibility for any claim that they make or that is made against them.
Renting a furnished apartment requires an insurance policy that will cover any damage that occurs during the Client’s stay. For stays of 90 days or less, the Client must accept the insurance policy provided by Absolu Travel at the fixed cost of €1 per day, per resident, irrespective of the rental charge. This insurance policy does not cover theft of the Client’s personal possessions, a risk against which the Client must take out his own insurance. For stays of more than 90 days, an “All Risks – Occupier” insurance policy is required.
ARTICLE 12 : EQUIPMENT USAGE
It is the Client’s responsibility to take all necessary precautions using equipment in the apartment. The Client agrees not to use or attempt to use any equipment or furnishing which He does not know how to use properly, or any equipment which does not have instructions or guidelines. The Client agrees to take all necessary precautions to prevent accident or injury on hazardous surfaces, notably in bathrooms, kitchens and stairwells. If the apartment has a mezzanine and there is no standard safety barrier, access is prohibited for children. Adults may only use it on their own responsibility without Absolu Travel incurring any liability.
ARTICLE 13 : SCOPE OF SERVICE
The rental fee includes: use of a furnished and equipped apartment for the duration specified in the rental contract; water, electricity and television service; water consumption; reasonable electricity consumption; household linen for the specified number of guests; for stays over one week and less than four weeks, linens will be changed once per week; any service intervention during normal business hours due solely to equipment malfunction or event outside the Client’s control. Equipment breakdown or unavailability cannot lead to any reimbursement or other kind of compensation. Amongst other things, the rental fee does not include any of the following: insurance which must be paid for separately; configuring the Internet connection; premium television services; any service intervention due to client misuse or misunderstanding; final housekeeping services; making good damage (French decree number 87-712). These repairs will be charged to the client on the final bill estimate and credit card pre-authorisation.
A free Internet connection may be provided in the apartment. As it is free, Absolu Travel cannot always guarantee its availability. It is the Client’s responsibility to supply and configure his computer, the modem in the apartment, as well as any additional hardware or software which may be necessary without further assistance. If the Client would like a guaranteed Internet connection, he can rent a mobile device from Absolu Travel according to the current conditions and rates.
When arriving outside usual business hours, the Client must print out and bring the instructions for check-in provided before arrival. If the client does not follow these instructions and if the help of Absolu Travel is required, the Client will be billed for a personalized check-in according to the rate applicable on the day of his arrival as this is not included in the rental fee.
ARTICLE 14 : ENERGY AND ENVIRONMENT
Absolu Travel will only meet the cost of reasonable electricity usage for heating. This measure is designed to protect the environment, so we define reasonable electricity consumption as: 10 KWh/day for a studio; 15 KWh/day for a one-bedroom apartment; 20 KWh/day for a two-bedroom apartment and 25 KWh/day for larger apartments. Beyond these amounts, the Client is responsible for actual energy consumption, which will be deducted from the security deposit. Meter readings will be taken upon arrival and departure.
ARTICLE 15 : CLIENT RESPONSIBILITY
The Client must take care of the apartment and its equipment throughout his whole stay and make good any damage caused during his stay (French decree N°87-712). The Client is responsible for any damage, negligence or loss, occurring to or in the apartment or its contents during the stay. The cost of work needed to make good damage will be billed to the Client. The fact that the Client returns the keys to the apartment at the end of the stay does not in any way imply that that the apartment has been returned in an acceptable state.
As all apartments are non-smoking, smoking in any of our properties is subject to a fine of at least 150 €.
The Client alone is responsible for his possessions and in particular valuables. He must respect the security instructions and in particular take all necessary precautions to prevent theft. He remains responsible for any damage and any consequences, direct or indirect, including physical harm caused to him or to third parties, in the apartment or in any common areas that results from any omission or negligence on his part or on the part of third parties. The Client expressly renounces the right to hold Absolu Travel legally responsible and should the client wish to bring legal action, he agrees to assume full responsibility for doing so.
The Client must respect all building rules and not create noise or other disruptions which could disturb other building residents. Any noise violations or complaints from neighbours are grounds for immediate termination of the rental contract without compensation. Pets are not permitted, unless Absolu Travel agrees otherwise in writing. The Client promises to take good care of the apartment, not use it for any professional or commercial activity, and to not sub-let it.
Upon leaving the apartment, the Client must not leave the keys inside the apartment or in the keyhole inside the apartment, unless these were the instructions given by a member of Absolu Travel staff. In the event that an apartment key is lost, the Client is responsible for the cost of changing the locks.
ARTICLE 16 : ‘QUIETNESS CHARTER’
By signing the rental contract, the Client promises to respect the ‘quietness charter’ provided at check-in. In particular, the Client promises not to make any noise, either in the common areas or in the apartment which could, given the loudness or the time of day, disturb other building residents. In the event of a complaint, the Client recognizes that Absolu Travel has the right to retain his security deposit in order to offer compensation to the neighbours.
ARTICLE 17 : FINAL CLEANING
The Client must ensure that the apartment is vacated in the same order and condition in which it was found upon arrival. Furniture and electrical connections must not be moved or modified. If these guidelines are not respected, the Client will be billed for final cleaning services according to the hourly rates applicable at the time of stay.
ARTICLE 18 : APARTMENT AVAILABILITY
If the reserved apartment is unavailable due to a technical problem or any other unforeseen circumstance, Absolu Travel reserves the right to substitute an apartment from the same rate category. While the equipment, size, or decoration may differ from the original apartment, these are not considered adequate grounds for refusing the apartment.
If an apartment of the same rate category is not available, Absolu Travel will offer one from a higher category for the same price, or one from a lower category (in which case the difference in rental price will be reimbursed for the duration of the stay). If downgraded to a lower price category, the Client may refuse the apartment. However, under no circumstance does the Client have the right to any additional indemnity beyond reimbursement.
ARTICLE 19 : TERMINATION
The Client acknowledges that any violation of his obligations, in particular those which concern the non-professional or commercial use of the apartment; late payment; not respecting the noise rules or cleaning responsibilities is sufficient grounds for immediate termination of this contract and expulsion from the apartment. The Client will be required to vacate the apartment immediately and without compensation at Absolu Travel’s first request; Absolu Travel also reserves the right to seek indemnity for any losses incurred. In the event of contract violation, Absolu Travel reserves the right to prevent access to the apartment by any means, which the Client accepts.
ARTICLE 20 : VARIATIONS
It is formally agreed that any variation to the clauses and conditions set out above,, applied by Absolu Travel, no matter how frequently or for how long, will never under any circumstance be considered as modifying or deleting any of the clauses or conditions set out above, nor will it ever create any further rights whatsoever. Absolu Travel will always be able to terminate the contract/these variations 48 hours after any unfulfilled request.
ARTICLE 21 : CLIENT INFORMATION AND APPLICABLE JURISDICTION
Before having signed this rental contract, the Client recognises having knowledge of the survey information which must be communicated to him.
In the event that one of the clauses of the rental contract were to be invalidated by a court decision, all of the other clauses would still apply. In the event of a legal dispute, only French Law and the French version of these documents will apply. The relevant courts are those of Paris.