1 – Object of the contract – These general terms and conditions are entered by :
- CAPED5 S.A.S., a company using the trade name Nestyou, with headquarter located 234 Avenue de Brigode, 59650 Villeneuve d’Ascq, registered under Number 831 354 543 in the RCS of Lille Métropole on August 7, 2017, siret number 831 354 543 00017 Code APE 6831Z, Carte professionnelle n° CPI 5906 2018 000 024 359, delivered by the Lille Chamber of Commerce (CCI) and valid until February 8, 20211,
- And the renter who has rented an apartment and whose details have been entered onto the reservation platform or via a third party website. The rental is agreed upon and accepted at the prices, fees and conditions shown on the temporary rental contract (lease), which encompass these general terms and conditions.
2 – Governing law – The parties involved acknowledge that the rental property described in the contract is not intended to be used as a main residence or as a place combining professional and residential use, nor as a secondary main residence or for residential lodging. This temporary rental contract is exclusively reserved for tourist stays in furnished flats, subject to the provisions of articles L324-1 to L324-2-1 of the Code Du Tourisme and 1709 and following of the Civil Code; therefore customers renting the flat shall not invoke legal provisions stated in regular rental leases, especially in terms of non-expulsion at the address.
3 – Description of premises – The furnished premises covered in this contract are rented for a temporary use and are offered for rent in a perfect state of cleanliness, maintenance and accessories, and the renter agrees to use them with due diligence.
4 – Transfer and subletting – This rental agreement is entered into intuitu personae to the sole benefit of the renter identified at the beginning of this document. Any transfer of this lease, or complete or partial subletting are expressly prohibited. The renter shall not let a third party use the property, even without pay or as a loan.
5 – Entering the contract – By communicating their personal/banking information, and by paying online either the rental price or the initial deposit, the user agrees to enter the contract. The action of ordering and validating payment shall be deemed the equivalent of a handwritten signature and acceptance of the terms of the contract and general terms and provisions of rental between the parties.
6 – Amount of deposit – When booking online, the renter effectively confirms the reservation as follows :
- For a stay </= 90 nights , when the renter pays the entire rental price.
- For a stay > 90 nights, the renter pays a deposit of one month of rent + applicable fee + selected additional services.
An administrative fee of 30 euros covers the cost for preparing the apartment and the processing fee for the rental contract. The reservation is confirmed :
- If payment by wire transfer : after the renter receives a detailed confirmation email, and after the amount due has been credited onto the CAPED5 S.A.S. – Nestyou account.
- If payment by credit card: immediate confirmation if payment is processed online.
7 – Payment of remainder – For rentals exceeding 90 days, the remainder of the amount due shall be paid no less than 30 days before the beginning of the stay. An email will be sent as a reminder to pay the outstanding amount. Upon receipt of the payment, an email will be sent by Nestyou along with the rental agreement, a welcome book, and an inventory list. The general rental terms and conditions available on the website shall be deemed acknowledged and accepted by the contract signatory.
8 – Payment – Payment (either in full or the deposit and outstanding amount when the stay exceeds 90 nights) shall be made with the following methods :
- online via a secured connection and a credit card (via the Crédit Agricole) to pay for the entire stay and additional services,
- or by wire transfer, if the booking takes place at least 30 days prior to arrival, onto the following account: SAS CAPED5 IBAN FR76 1670 6050 2653 9419 3914 341 code BIC & Swift : AGRIFRPP867 ;
- by credit card upon arrival for the purchase of additional services not already included in the reservation
- payments by check are not accepted.
The option placed on a chosen apartment shall be held for 48 hours and removed if CAPED5 S.A.S. – Nestyou has not received confirmation of the payment past this deadline. The apartment is then no longer booked. The keys to the apartment shall not be given if the full payment has not been remitted.
9 – Changes and cancellation by the renter – Any cancellation must be delivered by registered mail or by electronic mail before the arrival date and acknowledged by CAPED5 S.A.S. – Nestyou.
- If the cancellation is delivered more than 30 daysbefore the planned arrival date, you will be reimbursed for the amounts paid, excluding the flat fee covering Administrative costs.
- In case of a cancellation less than 30 days before the planned arrival date: 50% of the total amount will be reimbursed and 50% will be kept by CAPED5 S.A.S. – Nestyou.
- In case of a cancellation less than 15 days before the planned arrival date : 30% of the total amount will be reimbursed and 70% will be kept by CAPED5 S.A.S. – Nestyou.
- If the renter cancels the booking at the last minute or does not show up, he/she remains liable for the entire amount of the rent.
Phone cancellations are not authorized.
10 – Changes and cancellation by the owner – If, before the beginning of the stay, CAPED5 S.A.S. – Nestyou cancels or changes a key element of the contract, Nestyou shall immediately inform the renter by registered mail or by e-mail, and offer an alternative solution. If the renter does not accept the alternative solution offered, he/she will be instantly reimbursed for all amount paid. Any price decrease shall be deducted from outstanding amount remaining to be paid, and any excess payment shall be reimbursed before the arrival date.
11 – Prices – Prices shown include all expenses regarding the apartment (water, electricity, heating, wifi, cleaning before your arrival, greeting and keys) excluding the following items:
- taxe de séjour (tourist tax),
- additional services ordered on the site,
- administrative costs,
The weekly price includes 7 nights, the monthly price includes 30 nights. Rentals for partial months shall be calculated based on number of nights (monthly price + weekly price + daily price).
12 – Duration of rental – Rental duration shall not exceed the time period mentioned on original contract unless otherwise indicated in writing between the parties.
13 – Arrival and departure –
- Arrival : directly at the address of the apartment booked, between 2:00 and 7:00 pm. local time, except in case the keys are to be delivered to a different place as previously agreed by both parties. Based on the availability of the flat, flexible arrival time is possible upon request. The renter shall indicate his/her ETA at booking time, and confirm it by text message one day prior to arrival so that a Nestyou team member can be available to greet them. The exact address and itinerary explain how to reach the apartment and the team member’s details are mentioned in the welcome book sent upon receipt of payment. The contact details of the welcome person can also be sent by text message depending on arrival schedule. Unless otherwise agreed by the parties, in case of after-hour arrival the applicable fees are the following:
- 20 euros after 19H00,
- 25 euros after 20H00,
- 50 euros after 23H30.
A delay of more than 30 minutes or an unforeseen event rushing the originally scheduled arrival time may result in a late-arrival fee of 25 euros. The keys will not be tendered if the payment has not be processed in full. Arrivals and departures on bank holidays (based on French calendar) and Sundays will be subject to a 30 euros fee. Upon arrival the renter may be asked to present a valid piece of ID. An inventory list is available to the renter and sent upon booking. It is the renter’s responsibility to check it and mention any item missing or discrepancy at the latest before noon on the day following arrival. In the absence of such notification, the apartment shall be deemed rented in good working order, and returned as such unless proven otherwise (article 1731 of code civil).
- Departure : The contract shall end at the latest on the morning between 8:00 and 10:00 am. Beyond 10:00 am, one additional night may be billed unless previously agreed by both parties. A team member will meet the renter at the apartment for an inventory check and remittance of the keys. The renter shall be able to drop off the key in the designated mailbox.
- Departure before 8:00 am or after 10:00 am : additional fee of 30 euros.
- Departure on a Bank holiday or a Sunday : additional fee of 30 euros.
CAPED5 S.A.S. – Nestyou shall be responsible for checking the inventory and notifying any discrepancy or missing item at the latest on the day after renter’s departure if the departure takes place outside of the hours indicated. In the absence of such notification, the apartment shall be deemed in good working order.
14 – Inventory and schedule of fixtures – The inventory and schedule of fixtures are deemed established in a contradictory manner in the absence of observation by the renter upon arrival or within the first 24 hours. At the end of the stay they may be checked again by the renter and signed by both parties, if necessary up to one day after renter departure if the departure takes place outside of the aforementioned hours. The renter shall employ due diligence to notify CAPED5 S.A.S. – Nestyou of any damage or malfunction.
15 – Conflict resolution – In case of a dispute, the courts of the premises rented shall be sole competent. Please note however that any consumer can refer to a consumption mediator in order to amicably resolve a conflict with a business professional.
16 – Deposit – The deposit paid upon booking covers : possible damage to the premises, to furniture, equipment, appliances, theft, late arrival, faulty maintenance or insufficient cleaning at the end of the stay, as well as water, electricity, gas owed, and possible outstanding rent. The amount of the deposit is defined based on the characteristics of the apartment.
17 – Payment of deposit – By credit card, cash or French check with ID upon arrival or by sending money to the offices of CAPED5 S.A.S. – Nestyou, at least one month before arrival.
18 – Amount of deposit –
- For stays shorter than 90 days, for a studio : 500 euros, for 1-bedroom apartments (F2) : 800 euros, for 2-bedroom apartments (F3) : 900 euros
- For stays longer than 90 days : 1 month rent.
The renter agrees that in case of theft or loss of keys or magnetic badge, they will pay for a change of locks or opening system.
The deposited amount shall be credited back to the renter between the day of the departure and a maximum of 3 weeks in the absences of damages to the apartment, furniture, appliances, equipment, in the absence of missing items, if the apartment was returned clean, and in the absence of overconsumption (utilities).
If damages occurred, the amounts needed for repairing/replacing/repaying will be deducted and the remainder of the deposit shall be returned within 60 days after the keys were recovered. If the deposited amount does not cover the aforementioned damages, the renter agrees to pay these expenses based on repair bills and documented expense reports. If the deposit amount was paid in cash, the reimbursement of the deposit shall be made by check in euros, or by wire transfer (excluding bank fee for wire transfer to a foreign account). The renter agrees to secure the payment of expenses and indemnification for which he/she is liable. In this case, CAPED5 S.A.S. – Nestyou shall promptly send the corresponding expense reports. In case the deposit amount was insufficient to cover the repair costs, the renter agrees to send additional monies upon request based on documented expense report.
19 – Consumption of water and electricity – The prices shown on the website include subscription for water and electricity use within the following limits :
- studio : 10kwh/day
- F2 : 15kwh/day,
- F3: 20kwh/day
- F4 and larger : 25 kwh/day.
Regarding water, the default consumption rate is 0,15m3 per day and per person. For rentals exceeding 3 months, use of water and electricity shall be billed based on actual consumption. If the meter shows both peak and off-peak periods, both corresponding amounts shall be accounted for.
20 – Tourism tax and other costs – The tourism tax is included in the price shown on the website. Phone costs and VOD are not included.
Repairs performed by professionals are included, except if they arise from misuse by the renter. Regarding loss of keys, an extra set of keys may be brought for an extra 90 euros based on team availability. A cleaning fee of 120 euros may be withheld if the apartment is not returned in a clean state.
21 – Use of the premises – Upon entering in the apartment, the renter undertakes to comply with the following principles :
- Make use of the apartment in a peaceful and reasonable manner, and use the furniture, equipment and appliances in accordance with their intended purposes as specified in the lease. The renter shall be liable for all damages and losses that may occur in the rented premises during the term of the contract. The common area rules do apply to the renter as well.
- Care for the premises and return them in good condition (cleanliness and rental repairs) at the end of the lease except if the renter has purchasedthe cleaning service when booking on the website. Failing that, if any item listed in the inventory is broken or damaged, CAPED5 S.A.S. – Nestyou will retain the amount corresponding to its replacement. If the apartment is not returned as clean as it was before arrival (garbage emptied and dropped off in the designated bin as described in the book, clean dishes put away in cabinets, bed linens and bath towels gathered in the bathroom (washed by CAPED5 S.A.S. – Nestyou ), CAPED5 S.A.S. – Nestyou shall be entitled to charge an exceptional cleaning fee of 150 euros, and any expense incurred for returning the apartment to its original condition will be supported by the renter.
- Renter shall not hold CAPED5 S.A.S. – Nestyou liable for possible damages to renter or co-renters or to their personal items, either in the common area, or due to appliances, furniture or fixtures.
- Renter shall not incur any misuse likely to harm the solidity or good standing of the building, or engage the responsibility of CAPED5 S.A.S. – Nestyou towards other tenants in the building or other neighbours.
- Renter shall refrain from making any noise liable to disturb the neighbours, especially with a radio, tv-set, sound system etc. If a complaint is filed with the local police to acknowledge the level of sound nuisance, the renter shall be solely responsible, with the following consequences: the security deposit shall be retained, the immediate departure of the renter shall be requested without any possibility of reimbursement of remaining nights. A civil judge shall be referred in order to acknowledge the nuisance and determine the amount of compensation.
- Renter shall ensure the safety of his/her children, who should not sit too close to windows, and shall lock the door to avoid any risk of fall in the staircase.
- Renter shall not hold CAPED5 S.A.S. – Nestyou liable in case of theft and depredations in the premises, or water or gas shortage, power outage or nuisance due to the neighbours.
- Renter shall comply with the maximum number of people allowed on the premises, in accordance with the apartment description featured in the ad. In case of over-occupancy the rental company may refuse any additional occupant and the change in contract shall be deemed a fact of the renter.
- Renter shall not oppose the visit of premises if CAPED5 S.A.S. – Nestyou or their representative ask for it.
- Renter shall not leave any object regardless of its nature in the common areas to impede passage, except in specifically designated places.
- It is strictly forbidden to smoke in the rented premises, even by the open window or in the bathroom. Failing that, a penalty fee of at least 150 euros will be charged to compensate Nestyou for the inability to rent the apartment due to the smell of smoke, and for the cost of complete cleaning.
- In case of theft or loss of keys and/or magnetic badge, the renter agrees to pay for a change of locks or opening system.
- Pets are prohibited, failure to respect this provision can result in refusal to rent the apartment without any reimbursement of monies paid.
- Commercial activities that constitute a breach to public order are prohibited.
- Illegal downloads are prohibited. We provide access to the Internet, and encourage you to behave responsibly in regards to usage of this Internet connection. As a matter of fact, we are committed to protecting copyright and intellectual property rights, and wish to include our guests in this endeavour by asking you to refrain from illegally downloading any contents infringing copyrights. A sharing software such as « eMule » or « uTorrent », when connected to the internet, can automatically offer downloaded files. If a sharing software was used to to download protected works, it is better to deactivate it. The website offrelegale.fr, created by Hadopi, lists several hundred cultural programs currently available online, covering many categories (free or paying) and types (music, VOD…). To receive these offers, visit offrelegale.fr
- Renter shall not hold CAPED5 S.A.S. – Nestyou liable in case of power outage (gas or electricity), or breakdown of the internet or elevators.
- Renter is not authorized to contact the apartment owner directly, as per the commitment of the owners and SAS CAPED5 – Nestyou.
- Some apartments include personal items belonging to the owner. Renter shall refrain from modifying or removing anything, and respect the placement of furniture and the colors on the walls, except in case of express agreement of the owner. Failing that, a reconditioning of the apartment shall be supported by the renter (deducted from deposit) and the renter shall be liable to judicial proceedings.
22 – Rightful termination – In case of failure by the renter to respect one of his/her contract obligations, or in case of a breach of a legal regulatory provision of the contract, this lease shall be rightfully terminated, effective immediately, upon reception of a email mentioning the use of the present provision, without the need of any other judicial formality. This termination shall take effect on the day of the notification, and a renter refusing to leave the rented premises would be forced to do so immediately with an emergency interim proceeding.
23 – Withdrawal – The right of withdrawal cannot be exercised, in compliance with article L.121-17
24 – Insurance –The renter shall be liable for all damages due to his/her fault and must contract a home/holiday insurance policy.
25 – Claims – Any claim regarding the stay must be communicated immediately to the rental company. Any other claim shall be sent as soon as possible by registered mail. The rental company has the right to cancel and refuse an order from a customer with whom a payment dispute remains outstanding.
26 – Data protection – In compliance with law n°78-17 Informatique et Libertés effective January 6, 1978, amended by the Law regarding the « protection of natural persons in regards to their personal data » effective August 6, 2004 n°2004-801, the renter has a right to access, change and delete their personal data. This can be requested by sending an email to email@example.com.
27- Financial guarantee : SAS CAPED5 – Nestyou.com is financially guaranteed by SOCAF, 26 avenue de Suffren, Paris 15ème, for all real-estate management and transaction.
28- Insurance : SAS CAPED5 – Nestyou.com risk is covered by an insurance company: MMA IARD, 14 boulevard Marie et Alexandre Oyon, 72030 Le Mans Cedex.