TERMS OF USE

Commercial conditions

Last revision: 01-01-2024

These conditions

(1) This website (the "Site") and/or the services, including any mobile applications connected to it (collectively the "Services") and the provision of furnished apartments and studios for accommodation and related services (the "Services") through the Site, are owned and operated by the company SIRM (sas) (hereinafter also called " we”, “us” or “our”). These Terms of Business (the “Terms”) set forth the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and/or Services and purchase Products.

(2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms and agree to be bound by them. If you do not agree to all of the Terms, you must not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services or purchasing any Products. In these Conditions, you will find out who we are, how we sell our Products to you, how you can withdraw from the purchase contract and what you can do in the event of a problem.

(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.

[For Professional Users]

(4) This site is published by SIRM Château de Logne, 57310 Rurange les Thionville, +33 03 87 73 80 15, sirmsas@orange.fr, SIREN: 787180934, VAT FR20787180934, NAF/APE code 6820B (land rental and other real estate)

The publication director is Corinne TOUZE

You can contact us :

By phone: +33 3 87 73 80 15
by e-mail: sirmsas@orange.fr
by post: Château de Logne, 57310 Rurange les Thionville

This Site is hosted by Wix.com

These Terms are provided in French. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.

To use our Site and/or benefit from our Services, you must be at least 18 years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms. as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if it is prohibited in your country, or by any law or regulation applicable to you.

In addition, before placing and confirming an order, you must read and agree to these Terms.

You can download and print these Terms.

Description of the Services offered

You must carefully read the Description of the Service offered before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with Article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Services offered are provided for information purposes only and do not bind us.
We invite you to refer to the information and instructions for use on the packaging, labels and/or accompanying documents. We cannot be held liable for any damage resulting from failure to follow these instructions for using the Services offered on our website.

Hotel services

You may book the Hotel Services we offer through our Site or our Services in accordance with these Terms.
You can choose the available apartment(s) and other Services you intend to book by making the appropriate selections (e.g. arrival and departure date, type of studio or apartment, other services) and collect them in your basket by clicking on the respective buttons. The prices we charge are indicated on the Site or the Services. We reserve the right to change the prices for Rental Services displayed at any time (provided that you will only be charged the amount agreed prior to any price change), and to correct any pricing errors that may inadvertently occur, with effect for the future. Additional information on prices and value added tax (VAT) at the prevailing rate and other applicable taxes, fees or charges are available on the Site during the booking process and in the booking summary. Prices include Value Added Tax (VAT) at the prevailing rate and other mandatory taxes, fees and charges. They do not include local taxes which you must pay in accordance with applicable municipal law, for example spa taxes. Prices are invoiced in the local currency, i.e. in euros.
Before clicking on the "Reservation subject to payment" button, all the Services you have chosen, including the total price, are displayed again in a reservation summary. You can then identify and correct any input errors before definitively validating your reservation. By clicking on the "Reservation subject to payment" button, you place a firm order to reserve the Hotel Services on the dates chosen. However, your reservation request can only be placed and transmitted if you have accepted these Conditions by clicking on the checkbox provided for this purpose, and thus including them in your reservation request.
We will then send you an automatic confirmation of receipt of your reservation request by e-mail, in which your order will be summarized again, and which you can print or save using the corresponding function. Automatic confirmation of receipt only documents receipt of your reservation request and does not constitute acceptance of that order by us.
The legally binding agreement for the booking of Apartment Rental Services is only concluded when we send you a notice of acceptance by e-mail. We reserve the right not to accept your booking request. This does not apply in cases where we offer a payment method for your reservation request and you have chosen it, if a payment process is initiated immediately (for example, an electronic money transfer, or a instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement for the Apartment Rental Services is concluded when you complete the reservation process, as described above, by pressing the "Reservation subject to payment" button.
Prices displayed on our Site or Services are an average per night per person until a specific rate is selected. Additional services are only included if indicated. A minimum length of stay, deposit, cancellation fee or other conditions may apply to certain rates, as indicated.
Studios and apartments are subject to maximum occupancy rules. If you want to know more, contact us.
You can save your preferred payment method for later use. In this case, we will store your payment credentials in accordance with applicable industry standards (e.g. PCI DSS). You will be able to identify your card thus stored by its last four digits.

Check-in and check-out requirements

The check-in and check-out times are those indicated on our Site or our Services, unless otherwise published by Us at the time of entering into the contract with you on our Services.
After this normal departure time, a late check-out may be requested. It will remain subject to availability and will be charged at the rate published by Us at the time of conclusion of the contract. You are not entitled to a late check-out.

Payment

For firm advance bookings of Apartment Rental Services and other services, the price of the entire Service booked is payable in advance including the tourist tax and extra charges, or at the latest on arrival at the property. In this case, the means of payment with which you have booked must be presented on arrival, together with the relevant identification documents (if required) and the booking number (if applicable).
All outstanding charges must be paid in full no later than the time of departure from the property, including any outstanding tourist tax charges.
If the outstanding charges do not exceed the authorisation given at check-in, the debit authorisation for the unused amount will be cancelled. This cancellation is usually fairly quick but we cannot control how long it takes your credit card issuer or bank to do this.

Cancellation policy and no-show

The cancellation policy is as follows:

Full refund up to 15 nights prior to arrival;
50% refund of the total amount up to 7 nights prior to arrival;
the reservation will be due in full in the event of cancellation less than 7 nights prior to arrival or no-show.

Changes or cancellations on our part

Although it was agreed when you booked the flat that you could cancel the contract within a certain period, without giving any reason and free of charge, we also have the right to cancel the contract at any time: for example in the event of failure to pay the contractually agreed deposit, failure to comply with the house rules, non-payment of the tourist tax, etc.
Our cancellation policy is as follows: In the event of a justified cancellation on our part, you will not be entitled to damages. A cancellation is justified in the event of non-compliance with our internal rules or with the law in force.

Force majeure

We are not liable and will not pay any compensation if the performance of our obligations is prevented or affected, directly or indirectly, by or as a result of an event of force majeure or any circumstance beyond our reasonable control, including , but not limited to, flood, earthquake, extreme weather, natural disaster, pandemic, act of terrorism, fire, or failure of electricity, gas, water or any other utility, plant machine, computer, vehicle or any collapse of building structures, and provided that we have not acted negligently or culpably in any way it would be.

Coupons, Gift Cards and Other Offers

We may from time to time offer coupons, gift cards or discounts and other offers (“Offers”) in connection with our Apartment Rental Services. These Offers are only valid for the duration that may be indicated therein. Offerings may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.

Guarantee of the Services offered

Except as expressly provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim all other warranties or conditions, whether made orally or in writing, including, but not limited to, regarding accuracy, timeliness, completeness, results, performance, freedom from error or interruption of performance, title, non-infringement, quality, quality of information, enjoyment peace, merchantability, or fitness for a particular purpose (even if advised of such purpose), and all express or implied representations, warranties, or other conditions arising out of the course of performance, conduct of business or trade usage.

Member account

To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.
If someone other than yourself accesses your Member Account and/or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on your behalf, and you shall be solely responsible for all activities that occur on your Member Account, whether or not specifically authorized by you, and for all damages , expenses or losses that may result from these activities. You are responsible for activities performed on your Member Account in the manner described if you permitted the use of your Member Account through negligence, by failing to take reasonable care to safeguard your login credentials.
You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the "Social Network Account"). If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.
We may terminate or temporarily or permanently suspend your access to your Member Account without liability, in order to protect ourselves, our Site and our Services or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. We may do so without notice to you if the circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months' notice by e-mail, if we terminate our Member Account program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.

Intellectual property

Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, artwork, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentations, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned or licensed by us (collectively, “Our Intellectual Property”), and nothing herein grants you any rights in connection with Our Intellectual Property. Except as expressly provided herein or required by mandatory provisions of applicable law for use of the Services, you shall not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.
If the Products include digital content such as music or video, you are granted the rights specified for such content on the Site.

Exclusion of warranty for the use of the Site and the Services

The Services, Our intellectual property and all documents, information and content provided relating thereto which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranties regarding the security, reliability, timeliness, accuracy, or performance of our services, except for malicious non-disclosure of defaults. We do not warrant that our Free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty for the Products you have purchased from us, as mentioned in the “Warranty for Services Offered” section above, will not be affected.

Compensation

You agree to defend and hold us harmless against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees ) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in these Terms, unless such circumstances are not caused by your fault .

Limitation of Liability

To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage which may arise to you or any third party (including any direct or indirect loss and any loss of revenue, profits, customers, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its content, ( (ii) the use, inability to use, or results of the use of this Site, (iii) any website linked to this Site or the materials on such linked websites.
We cannot be held liable for any delay or breach of our obligations arising from these Terms if such delay or breach results from a cause beyond our control and/or a case of force majeure within the meaning of article 1216 of the Civil Code.

Modification of the Terms or Services; interruption

We reserve the right to modify these Terms whenever necessary, at our sole discretion. You should therefore consult them regularly. If we change these Terms materially, we will notify you that material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or Service.
We may modify the Services, stop providing the Services or any features of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you sufficient notice if this is possible in the given circumstances and we will reasonably take into account your legitimate interests when taking such action.

Links to Third-Party Sites

The Services may include links that take you out of the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.

Applicable right

These Terms shall be governed by and construed in accordance with the laws of [France], excluding conflict of law rules.
If you wish to draw our attention to a subject, a complaint or a question concerning our site, contact us: [sirmsas@orange.fr]
If, after contacting us, you believe that the problem is not resolved, you will have the right to use the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 and following of the Code of the consumption. To submit your request to the consumer mediator, complete the online dispute resolution form accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Various

No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.
Section titles used in these Terms are for convenience only and have no legal substance.
Unless otherwise stated, if any part of these Terms is determined to be illegal or unenforceable for any reason, it is agreed that that part of these Terms will be severed, the other terms of these Terms will not be affected and will remain in force.
By accepting the Conditions, you undertake not to contest the probative value of the documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered proof of communications, orders and payments made between us.
Your acceptance of the Conditions is equivalent to an agreement of proof, within the meaning of article 1368 of the Civil Code.
You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of the Products.
The provisions of these Terms, which by their nature should survive any action by us, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, the limitations of liability and this “Miscellaneous” section.

To contact us, send an e-mail to:

Corinne TOUZE - CHÂTEAU DE LOGNE - SIRM company

logne.appart@gmail.com

Château de Logne, 57310, Rurange les Thionville