KIKILOUE – TERMS OF SALES
SECTION 1 – IDENTIFICATION
These general conditions are applicable to all Services ordered from Kikiloue: Short-term rental management service and Concierge services.
Kikiloue, Joint Stock Company, with a value of 3 000€
Company registered to the RCS of Cannes under ID number SIRET 820 574 754 00033 with the following VAT tax ID number: FR74820574754.
Headquarter address: 85 Avenue du Maréchal Juin, 06400 Cannes, France
The Company is licensed as a Real Estate Agency, able to perform transactions related to buildings and businesses:
Real Estate Agent license number CPI 0605 2017 000 021 805, issued by the CCI in Nice-Côte d’Azur.
Email address: firstname.lastname@example.org
SECTION 2 – SUMMARY
Kikiloue (designated thereafter as the "Company") offers on its website www.kikiloue.com (designated thereafter as the "Website") a full range of services (designated thereafter as the "Services") specifically designed to serve property owners (designated thereafter as the "Owners") who want to rent their apartments and/or houses for short periods of time to occasional travelers (designated thereafter as the "Renters"), during vacation or business trips.
The Renters make their rental reservations for specific dates via approved partner websites (designated thereafter as the "Partner Websites")
The "Owners" designation includes all persons who own the property.
The ordering (designated thereafter as the "Order") of Services offered by the Company to the Owners and to the Renters, implies the acceptance without condition of these Terms Of Sales (designated thereafter as the "TOS"). The Owners and the Renters therefore declare and acknowledge that they have read and understood these TOS and accept them without condition.
The Owner authorizes the Company to sub-contract one or more Services to a third party independent Contractor (designated thereafter as the "Contractor"). In such case, the own Contactor's terms and conditions as well as these TOS are applicable to any of the subcontracted services.
The Services are provided exclusively to persons who are legally allowed to enter into and sign contracts under the French laws.
The latest updated TOS is given to the Owners when the contract is signed, and is given to the Renters when the reservation is made, via a confirmation email. The TOS are regularly updated. The applicable TOS are the ones posted on the Website at the time the Service is requested.
SECTION 3 – DESCRIPTIONS OF SERVICES OFFERED BY THE COMPANY
3.1 MANAGEMENT OF SHORT-TERM RENTALS
The following Services, offered to Owners, are included in the base commission fee received by the Company from the Owner's account.
Welcome the new Renters at mutually pre-arranged times, give them the keys in person or provide them via other secure means, give the Renters complete and useful information about the property they are renting.
Verify the condition in which the apartment is left, retrieve the keys, carry out a customer satisfaction survey if the Renter agrees to it.
– Provision and cleaning of household linen
Includes one complete bed sheets set per sleeping unit, one kitchen towel per kitchen, one bathroom rug per bathroom, one bath towel set (one large + one small) per person.
– Provision of basic personal hygiene items
Shower gel, Shampoo, Toilet paper, Trash bags.
– Cleaning after Check-out: the fee for this Service is calculated according to the size of the rented premises (within a given size range): the amount for that fee is shown on the Website and the Partner Website, and is paid by the Renters.
– Online Ads
Content writing, provision of professional-grade photos.
– Management of all the logistics of the reservation
Answering questions, confirming reservations, responding to notices, updating calendars and prices
– Management of the entire reservation flow
– Creation of a dedicated access to a private space allowing the Owner to follow in real time the reservations for his property as well as the income generated. This private space is accessible at the following web address: https://owners.bookingsync.com/en/owners/login
The Owner must inform the Company if there are any fragile items in the rented premises and to identify them as such.
He also must place any valuables and/or fragile items in a secure location inaccessible to the Renters.
3.2 CONCIERGE SERVICES
Any concierge Services, offered to Renters, are optional and must be paid by the Renters before the date of arrival.
Renters cannot book these Services via the Website. They are invited to contact the Company via the Partner Website or by email to: email@example.com, or also by calling: +33 6 25 03 78 09, so they can place their Order.
– Housekeeping Service
The Renter accepts that the housekeeper should be able to do the cleaning whether the Renter is present in the apartment/house, or.
– Breakfast delivered to the rented premises
– Airport transfer
The Company can arrange to have vehicles with drivers at the Renter's disposal for airport transfers, to and from.
– The Company offers Renters the option of doing some grocery shopping for them, for the day of their arrival, as well as during their stay in the rented premises.
– Other customized Services upon request
The Company invites the Renters to submit any particular special request. The Company will make every effort to fulfill these requests if at all possible. The request must be done via the website where the property is advertised, by phone or by email (see contact details above).
SECTION 4 – ORDER MANAGEMENT
4.1 MANAGEMENT OF THE RESERVATIONS FOR SHORT-TERM RENTALS
The management of the short-term rental of a property is subject to the signature of a contract made between the Company and the Owner of that property.
Any signed contract must be fulfilled according to all the terms and conditions defined in that contract.
In accordance with the legal provisions included in article L.121-19 of the Consumer Code, an email confirming that the contract has been taken into account will be sent to the Owner after its signature, accompanied by the TOS in PDF file format.
The fulfilled contracts are archived for a period of ten years. The Owner can access archived mandates by requesting them via email at the following address: firstname.lastname@example.org.
4.2 CONCIERGE SERVICES
Rental reservations must be made online on our Partner Websites (Airbnb, Abritel, etc...). Renters are then subject to the TOS of the Partner Website used. Reservations can also be made on the Website or via a paper contract.
When booking a property, the Renter may add any comments to the attention of the Company and request any of the concierge Services previously listed. The request for Services will then be entered on a specific Purchase Order form. This Purchase Order form will be sent to the Renter once the reservation for the property has been confirmed.
Any signed Purchase Order must be returned by email by the Renter to the Company and will bind the parties irrevocably.
In accordance with the legal provisions included in article L.121-19 of the Consumer Code, an email confirming that the Order has been taken into account will be sent to the Renter, accompanied by the TOS and the Company's bank account information in PDF file format.
The signing of a Purchase Order form must be made no later than forty-eight (48) hours before the start of the rental period.
The fulfilled Purchase Orders are archived for a period of ten years. The Renter can access archived Purchase Orders by requesting them via email at the following address: email@example.com
The Renter accepts that the Order registration systems may serve as proof of the nature of the agreement and its date.
The Company provides the selected Services from the Renter's arrival at the location.
SECTION 5 – PRICE
All prices for the Services for sale appearing on the Website, the Partner Websites, the Purchase Orders and the contracts are indicated in Euros, All Taxes included, it being understood that the Orders are invoiced at the prices in force at the time of the recording of the Order.
The prices for concierge Services vary depending on the context (number of people, frequency, service type, etc...)
The reservation of these Services is possible up to twenty-four (24) hours before the arrival date.
The prices for these Services can be modified at any time and the modification will be reported before confirmation of any Order. The prices applied will be those indicated in the Order.
SECTION 6 – PAYMENT METHODS
6.1 SHORT-TERM RENTAL MANAGEMENT SERVICES
The payment of reservations is directly deposited into the Company's account through the Partner Website on which the reservation was made. At the beginning of each month, the Company pays the Owner the amount received the previous month, from which the amount of the Company's commission is subtracted. This payment is made by bank transfer on the 5th day of each month.
6.2 CONCIERGE SERVICES
Payment for a reservation is made either by bank transfer, bank/credit card, cash or Paypal.
An email confirming receipt of payment will be sent to the Renter.
The Company reserves the right to cancel any Order if the payment has not been received within seventy-two (72) hours from the date of confirmation of the Order or if there is a dispute related to the payment of a previous Order from the Renter.
Payment for a deposit is made either with our partner Swikly, or by bank transfer, bank/credit card, cash or Paypal.
SECTION 7 – GENERAL OBLIGATIONS
7.1 FOR RENTERS AND OWNERS
Renters and Owners acknowledge and accept that the Company does not intervene in the context of this Contract as an insurance provider and that it is therefore their responsibility to subscribe to any appropriate insurance of their choosing for the coverage of the premises and its contents.
Renters and Owners agree not to publish any notice or comment which would be disparaging, insulting, defamatory, discriminating and illegal against the Company and the Services that the Company offers, by any means of communication and especially online via blogs and/or social networks.
Tenants and Owners also agree to refrain from:
- using the Website in any illegal manner, for any illegal purpose or in any way incompatible with these TOS and all applicable laws and regulations;
- using the Website for the distribution, hosting, processing, propagation, storage or management of offensive, defamatory, harassing, obscene, pornographic or threatening documents, or of any false or misleading documents, or invading the privacy of others;
- pretending to be any other person or entity, or falsely indicating or presenting inaccurately his affiliation to any other person or entity;
- collecting any personal data from other Renters or Website Owners for any purpose;
- forgetting intentionally or unintentionally to provide exact, up-to-date and complete contact information;
- sending and publishing commercial messages or advertisements without authorization on the Website;
- intimidating and/or harassing other Renters or Owners;
- obtaining information concerning other Renters or Owners or the content they publish or provide;
- accessing the Website using automated methods (such as robots, spy ware, scripts, etc.) without the permission of the Company;
- attempting to obtain unauthorized access to the Website's computer system or to engage in any activity that may disrupt, reduce the quality or interfere with the performance or deteriorate the functionality of the Website;
- using the Website for abusive purposes by voluntarily introducing viruses or any other malicious program into it and attempting to gain unauthorized access to the Website;
- damaging the reputation of the Company and/or the Services provided by the Company, by any means of communication.
In addition, the Renter and the Owner agree and accept to comply with the provisions of these TOS and to provide the Company with all the necessary information and assistance so the Company can efficiently provide all subscribed Services. They particularly agree and accept:
- to make peaceful and careful use of the rented property, its equipment, furniture and all other content, in accordance with the original purpose of the property. As such, the Renter agrees not to transform or modify the premises, equipment, furniture or any other item included in the rental;
- to maintain the rented property in good state of maintenance and to follow all the local laws and regulations, around and inside the premises, in particular with regard to hygiene and noise, olfactory and visual nuisances;
- not to sublet, transfer, or make the rented property available free of charge.
Failing to return the accommodation in perfect state of cleanliness, meaning in a state of dirtiness and unhealthiness requiring from the Company much more than just normal cleaning, additional costs may be charged to the Renter.
If the security deposit covers the amount, the extra cost for the deep cleaning and restoring to normal state will be deducted from it.
7.2 FOR THE COMPANY
Upon receipt of a confirmation of reservation or validated Order, the Company agrees and accepts to provide the Services ordered as described on the Website at the time of validation of the Order by the Renter.
The Company will not be held responsible for any other Services not specifically listed on the Website.
SECTION 8 – LIABILITY
8.1 COMPANY'S LIABILITY
The Company is an intermediary which facilitates the provision of Services between Renters and Owners. The Company is responsible only for direct damages to them, with the exception of indirect damage as defined by the jurisprudence of French courts.
The Company reserves the right to stop providing all or part of the Services at any time, for any reason whatsoever, in particular if the Company has reasonable grounds to believe that these TOS have been breached and/or that the Renter or the Owner creates a legal or judicial risk against the Company.
The Company reserves the right to unilaterally terminate the TOS and initiate any appropriate civil and/or criminal action against the Renters or the Owners in the event of non-compliance with any of the clauses.
8.2 COMPANY'S LIMITED LIABILITY
The Company cannot be held responsible for the non-performance of the TOS due to "force majeure" as defined by the jurisprudence of French courts, and in case of non-execution or poor performance of the TOS attributable to the Renter or as a result of an unpredictable and insurmountable act from a third party.
The Owner agrees and accepts that the responsibility of the Company, regarding any loss to the Owner or to a third party during the execution of the Services, is limited under the conditions defined below.
The Company will not be liable in any way for any dispute, litigation or claim, arising within the framework of a reservation and which would notably find its cause in:
- any deterioration, degradation or damage caused or allegedly caused by the Renter to the rented premises and/or to the common areas of the property in which the rented premises are located; and or
- any loss, theft or damage, caused or allegedly caused by the Renter to the contents of the rented premises; and or
- any problems caused by the Renter's behavior.
The Company will not be liable for any Service provided by third parties, and in particular by Contractors hired by the Company, as well as in the event of the unavailability of a Service selected by the Renter.
It is expressly agreed between the Parties that the Company cannot be liable at all for the condition and/or the security of the property. The Owner thus remains solely responsible for the condition and/or security of his property as well as for its compliance with all applicable rules, laws or regulations.
The Company will not be liable towards the Owner or the Renter for any violation, established or alleged, of the provisions of the TOS due to any delay in the execution of the service or any failure to do so, which would find its causes, directly or indirectly, in an event beyond the control of the Company, such as an event of "force majeure", inclement weather, power failure, burglary, natural disaster, strike, action by municipal or governmental authorities, an act of terrorism or war, civil unrest or any other similar event.
In no case, except when a current law or a written agreement requires it, the Company will not be held responsible for indirect, consecutive or non-consecutive damages such as, in particular, commercial damage, commercial disturbance, loss of profit, loss of Orders, loss of expected savings, loss of operation, loss of image, resulting from the performance of the TOS (even if the Company had been warned of this possibility or if the Owner had asked the Company to act in a way that could be considered contrary to its interests) and if such damage occurs as a result of negligence, a contractual breach or an offense, committed by the Company or one of its agents, employees or third parties providing a service on behalf of the Company.
Notwithstanding any contrary stipulation appearing herein and subject to the legal provisions in force, the liability of the Company for any loss and/or damage related to or resulting from the performance of these TOS and the Services provided (including in particular material or bodily injury) will be limited to the higher of the following amounts: either the amount corresponding to the cost of replacing the service in question, or the amount corresponding to the Commission paid by the Owner to the Company during the last twelve (12) days preceding the occurrence of the damage or loss.
The Website may contain links to other sites not edited nor controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
The provision of such links or the reference to any information, articles or Services provided by a third party, cannot and must not be interpreted as an express or tacit endorsement by the Company of these sites and these elements nor of their content.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, products and other information disseminated on these websites.
8.3 RENTERS AND OWNERS LIABILITY
The Company is a third party in regard to the contractual relationship between the Owners, the Renters and the Partner Websites on which their properties are offered for rental. The Renters agree and accept in particular to comply with the TOS applicable to the use of these Partner Websites.
Renters and Owners agree to indemnify the Company and to keep the Company free from all claims, liabilities, damages, losses and expenses, including attorneys' fees, which would result, directly or indirectly, from the violation by the Renter or the Owner of these general conditions or of the terms of any other agreement concluded with a partner site.
The tenants undertake to provide the Company with all the documents enabling it to initiate, if necessary, recourse in order to obtain reimbursement for any damage or damage caused by the Tenants and in particular:
- A valid official identity document (national identity card or passport)
- A valid certificate of civil liability.
It is here expressly stipulated that a handing over of keys will not be carried out without the prior transmission of the said documents, and that the said handing over of the keys will only be carried out in the presence of the Tenant holder of the contract who has provided all the documents.
The Renters and the Owners are solely responsible for their Internet connection and before any use of the Website, they must ensure that they have the technical and IT resources allowing them to proceed with the Order of the Services and that their browser allows secure access to the Website.
Renters and Owners must also ensure that the computer configuration of the equipment used to place the Order is in good working order and does not contain any viruses.
It is expressly stipulated that the Company cannot in any case be held responsible, in any way whatsoever, in the event that the computer equipment or the e-mail account of the Renters and Owners rejects, for example due to anti-spam filters or other privacy/security settings, the emails sent by the Company, and in particular, without this list being exhaustive, copies of payment receipts and summary statements of Orders.
Renters and Owners are fully aware of the provisions of this section and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have entered into a contract.
By entrusting the keys of the property to the Company, the Owner expressly authorizes the access to his property by any employee of the Company and agent authorized by the Company.
SECTION 9 – CANCELLATION
9.1 SHORT-TERM RENTAL MANAGEMENT SERVICES
The Owner can cancel his subscription to the Company’s services. He must inform the Company by registered letter with proof of receipt signature at the postal address of the Company. The cancellation will take effect 1 month after the date of receipt of the mail. All reservations and Service Orders confirmed during the period of validity of the Service subscription will be performed accordingly by the Company.
9.2 CONCIERGE SERVICES AND RENTALS
The conditions for canceling a concierge service reservation and/or a rental are managed by the Partner Website on which the reservation is made. Renters are therefore subject to the TOS posted on the Partner Website used.
The cancellation of a reservation by the Renter or by the Partner Website will in no way release the Owner from his obligation to pay the Commission owed to the Company for the Service or Services provided by the latter in accordance with the stipulations herein.
The conditions for a Renter’s cancellation of a Concierge Service and/or a Rental are strict:
- The Renter may cancel up to 7 days before his arrival for free (excluding bank charges).
- If the Renter cancels less than 7 days before his arrival date, 100% of the amount of the reservation is due.
SECTION 10 – RIGHT OF WITHDRAWAL
In accordance with article L.121-21-18 al.12 of the Consumer Code which provides that:
“The right of withdrawal cannot be exercised for contracts when accommodation services are provided, other than residential accommodations, as well as for goods transportation services, car rentals, catering or leisure activities which are set to be provided on a specific date or during a specific period of time”.
The Renter and the Owner are therefore informed that they do not have a right of withdrawal under this article.
SECTION 11 – INTELLECTUAL PROPERTY
All of the elements of this Website and the Website itself are protected by copyright, trademark law, and/or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
The name and brand KIKILOUE, logos, stylized letters, figurative marks, and all signs represented on this Website are and will remain the exclusive property of the Company.
The Owners and the Renters authorize the Company to publish on the Website the photos of the property and of their profile, their name and first name as well as their comments left on the various Partner Websites, for the purpose of showing examples of the properties managed by the Company and any feedback/comments issued.
No title or right whatsoever over any element or software will be obtained by downloading or copying elements from this Website.
Renters and Owners are strictly forbidden to reproduce (except for their personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Website and to any elements and software it contains, as well as to modify or perform any work based on them, nor sell or participate in any sale in connection with this Website, the elements of this Website or any software relating to it.
The Company grants Renters and Owners a non-exclusive license to use the Website.
This license is strictly personal and cannot in any case be reassigned or transferred to any third party. The license is granted for the duration of use of the Website.
Any other use constitutes counterfeiting and is sanctioned under Intellectual Property law, unless prior authorization is given by the Company.
SECTION 12 – ASSIGNMENT
The Renter may transfer his rental subject to prior notice given to the Company and provided that the new Renter fulfills the same conditions for staying in the rented property.
The Renter must inform the Company by registered letter with proof of receipt signature no later than seven days before the start of the stay in the rented property.
The new and the former Renter are jointly liable and responsible for the payment of any balance due on the price of the Services as well as any additional costs that may be charged for processing this transfer.
SECTION 13 – APPLICABLE LAW - JURISDICTION
Any dispute arising from the interpretation and/or execution of these TOS will be subject to the judgment rendered by the competent French courts, the only applicable laws being French laws.
The Renter or the Owner must inform the Company by registered letter with proof of receipt signature.
In the event of a dispute possibly arising during the interpretation and/or execution of these TOS or in relation to this Website and/or any Order and/or attempted Order by its intermediary, the Parties agree to abide by a conventional mediation procedure or any other alternative method of settling their disputes.
In the absence of an amicable settlement of the dispute, the competent court is the one designated by the French Code of Civil Procedure.
SECTION 14 – LANGUAGE
These TOS are originally written in French. Translation into other languages can be provided for information purpose only. In case of contradiction, only the French version will prevail between the parties.
SECTION 15 – NULLITY
In the event that a provision within these TOS is declared void, all other provisions of these TOS will remain in force.
SECTION 16 – CONTACT
To contact the Company's customer service, the Renter or the Owner can:
- Send a letter to the Company
- Send an email to the following address: firstname.lastname@example.org
These Terms Of Sales are current as of June 08, 2020.