General conditions
Company responsible: SASU IBAIA IMMOBILIER FWI
Head office address: 36 rue de la Chapelle - Z.I. Jarry - 97122 Baie-Mahault
RCS Pointe à Pitre 911 256 790
Telephone : +590 690 557 547
Contact email : info@ibaia-immobilier.com
Name of the person in charge of the publication : Anthony Bouzaid
Details of the site host: AVANTIO
To consult the legal notices of the IBAÏA IMMOBILIER website, please visit the link, permanently accessible from the site at the address: https://www.ibaia-immobilier.com/conditions-generales/#mention
Date of publication: 1 August 2022
Date of last modification: 3 May 2024
Subject
The present conditions govern the sales by IBAIA-IMMOBILIER.COM of overnight stays in short-term seasonal accommodation.
Duration
The rental period cannot be extended without the agreement of the owner or the agency, and the tenant accepts this.
The latter declares on his honour that he does not exercise and does not seek to exercise any profession in renting and that the premises which are the subject of the present contract are rented to him only as a temporary residence, major conditions without which the present rental would not have been agreed.
Prices
The prices of our products are indicated in euros, including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
The Taker, having paid a deposit for the rental, undertakes to take possession of the premises on the date of availability fixed in the contract and to pay the balance of the rental price at the latest 30 days before this date.
In the event that these conditions are not fulfilled, this agreement shall be considered cancelled and the deposit retained by the Landlord.
The Lessor shall in this case be authorised to re-let the premises covered by this agreement immediately.
Validation of your order
Any order placed on the IBAIA-IMMOBILIER.COM website implies acceptance of these General Conditions. Any order confirmation implies your full and complete acceptance of these general terms of sale, without exception or reservation.
All the data provided and the recorded confirmation will be worth proof of the transaction.
You declare that you are fully aware of this.
The confirmation of the order will be worth signature and acceptance of the operations carried out.
A summary of the information of your order will be communicated to you via the e-mail address of confirmation of your order.
Inventory of fixtures
An inventory of fixtures and a detailed inventory of the furniture will be established between the parties upon entry into the premises and upon release of the premises by the Tenant.
Availability
Our products are offered as long as they are visible on the IBAIA-IMMOBILIER.COM website.
In case of unavailability of product after placing your order, we will inform you by email. Your order will either be automatically cancelled and no bank debit will be made, or we will offer to find you another accommodation during your stay.
Security deposit
The security deposit is paid to cover any damage that may be caused to the rented property and to the furnishings or other objects in the rented premises, as well as to the various charges and consumption.
This sum will be reimbursed within 4 days if no damage is found.
In the event of damage, reimbursement will be made within a maximum of one month, after deduction of the objects replaced, any costs of restoration, additional cleaning and the amount of consumption.
If the security deposit is insufficient, the lessee undertakes to pay the missing amount.
The security deposit must be paid as follows:
- Pre-authorisation on the bank card at the latest 15 days before the occupation of the property (free service)
- Swikly deposit management service (additional cost of 2% for the Taker without blocking the amount on the bank card)
The Taker authorises the Agent to debit his bank card for the amount necessary to repair any damage caused to the rented property and to the objects and equipment in the rented premises.
Cancellation conditions
o In the event of cancellation by the Tenant more than 120 days before the arrival date, the deposit paid by the Tenant can be used for another stay in the same villa, within a period of one year from the cancellation.
o In the event of cancellation at least 120 days before the date of arrival, the deposit paid will be refunded to the client.
o In the event of cancellation at least 30 days before the date of arrival, the deposit paid will be retained by the Owner less the commission paid by IBAÏA IMMOBILIER;
o In the event of cancellation less than 30 days before the arrival date, the Client will be liable for the full amount of the reservation price. The full price, less IBAÏA IMMOBILIER's commission, will be paid to the Owner.
Obligation of the Lessor
The Lessor undertakes to provide the Tenant with the rented property in accordance with the description and to respect the obligations resulting from this agreement.
Days of arrival and departure
Unless there is a written agreement between the owner and the Tenant, the accommodation may be occupied from 5 pm onwards. On the day of departure, the accommodation must be vacated by 11 a.m. at the latest.
Insurance
The client is required to take out a multi-risk home insurance policy with the extension "séjour-voyage" (risks against theft, fire and water damage) with an insurance company, as well as for recourse from neighbours.
Consequently, the latter decline all responsibility for the recourse that their insurance company could exercise against the Tenant in case of damage.
Termination
In the event of non-payment on the due dates or non-performance of any clause of the present agreement, the owner or his representative may demand the immediate termination of the present agreement and the Tenant must leave the rented premises by order of the summary judgment judge.
Computer processing of information
The agent is expressly authorised to enter the information in the computer file of his agency.
Complaints
Any complaint concerning the service provided by IBAÏA IMMOBILIER must be sent by registered letter to the following address
IBAÏA IMMOBILIER
36, rue de la Chapelle Z.I. Jarry 97122 Baie Mahault
Or by e-mail: info@ibaia-immobilier.com
at the latest fourteen days after the return of the keys to the owner.
Responsibility of IBAÏA IMMOBILIER
IBAÏA IMMOBILIER cannot be held responsible for any inconvenience suffered by the Client or by third parties resulting from the stay in the rented property.
IBAÏA IMMOBILIER is only liable if it has committed an error in carrying out the tasks entrusted to it within the framework of the general conditions of sale. Its liability is limited to the direct damage caused by these errors, and does not cover indirect damage. IBAÏA IMMOBILIER's liability is also limited to the maximum amount that its insurer agrees to cover.
Intellectual property
All elements of the IBAIA-IMMOBILIER.COM site are and remain the exclusive intellectual property of IBAÏA IMMOBILIER.
No one is authorised to reproduce, exploit, rebroadcast or use in any way whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple link or hypertext link is strictly prohibited without the express written consent of IBAÏA IMMOBILIER.
Personal data
IBAIA-IMMOBILIER.COM reserves the right to collect nominative information and personal data concerning you. This information is necessary to manage your order and to improve the services and information we send you.
It may also be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of 6 January 1978, you have the right to access, rectify and oppose any personal information and data concerning you, directly on the website.
Archiving Evidence
IBAIA-IMMOBILIER.COM shall archive rental contracts and invoices issued on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized records of IBAIA-IMMOBILIER.COM will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Applicable law in case of disputes
The present terms and conditions of sale are subject to French law. In case of dispute, the French courts will be the only ones competent.