Introduction
These general terms and conditions of sale (the “GTC“) apply to any reservation made by a Client (as defined below) through the Reservation Form (as defined below).
The website accessible at the following address: https://homenresidences.com/fr/ (the “Site“) is published by Homen Residences, a French simplified joint-stock company, with a capital of €10,000, whose registered office is located at 50 avenue des Champs Elysées, 75008 Paris, and registered under the identification number 933 054 173 RCS Paris (“Homen Residences“).
Having stated this, it has been agreed as follows:
Definitions
The terms used in the GTC, including its introduction, and beginning with a capital letter, whether used in the singular or plural, will have the meaning given to them below.
Accommodation Service: refers to the accommodation service (stay) within the Homen Group Hotels for the duration and on the dates selected by the Client under the conditions provided herein.
Catering Service: refers to the catering service within the Homen Group Hotels offered to the Client when booking an Accommodation Service.
Client: refers to the legal or natural person of legal age designated in the Reservation Form, having full legal capacity to bind itself under the GTC, and acting for their own needs excluding any activity of intermediation, resale, distribution, or similar of all or part of the Services.
Contract: refers to the GTC as well as the Special Booking Conditions as summarized in the Reservation Form.
Special Booking Condition: refers to the special conditions of booking, cancellation, no-show, minimum number of people, guarantee for each Accommodation Service, which vary depending on the periods of the season and are summarized in the Reservation Form, as applicable.
Reservation Form: refers to the paper or electronic reservation form for the Homen Group Hotels concluded between Homen Residences and the Client containing a summary of the Contract and specifying in particular the conditions of the reservation (reserved Services, Special Booking Conditions, price and any taxes, arrival/departure dates (check-in/check-out), security deposit).
Homen Group or Homen: refers, as the case may be, to the following companies, SNC Pinarello Resort, SNC Snow Angel, SNC Megeva, Homen Residences, or any company owned, controlled, controlling, or placed under the same control, within the meaning of Article L. 233-3 of the Commercial Code, as the company Homen Capital.
Homen Group Hotels: refers to the following hotels:
- A Spartera: refers to the hotel located in the Domaine Arinella subdivision, 20144 Sainte-Lucie de Porto-Vecchio, owned and operated by Homen Pinarello;
- Chalet Val d’Isère: refers to the chalet located at Lieudit “L’ILLETAZ” in Val d’Isère, 73150 Savoie, owned and operated by Homen Val d’Isère;
- Chalet Nook: refers to the Chalet Mady located in Megève (74120), 309 rue des Allobroges, owned and operated by Homen Megeva.
Homen Capital: refers to the company Homen Capital, a simplified joint-stock company, with a capital of €44,001,000, whose registered office is located at 50 avenue des Champs Elysées, 75008 Paris, and registered under the identification number 830 353 140 RCS Paris.
Homen Pinarello: refers to the company Pinarello Resort SNC, a general partnership, with a capital of €1,000, whose registered office is located at Poe de Suartello II, Route de Mezzavia, 20090 Ajaccio, and registered under the identification number 891 184 111 RCS Ajaccio.
Homen Val d’Isère: refers to the company SNC Snow Angel, a general partnership, with a capital of €1,000, whose registered office is located at 50 avenue des Champs Elysées, 75008 Paris, and registered under the identification number 921 772 901 RCS Paris.
Homen Megeva: refers to the company SNC Megeva, a general partnership, with a capital of €1,000, whose registered office is located at 50 avenue des Champs Elysées, 75008 Paris, and registered under the identification number 919 510 115 RCS Paris.
Homen Brands: refers to the “Homen” and/or “Homen Residences” trademarks, whether denominative or semi-figurative, as well as all other distinctive or graphic signs, registered or unregistered, and used by the Homen Group.
Optional Services: refers to additional products and/or services offered optionally to the Client when booking an Accommodation Service (such as, for example, car rental, transfer from or to the airport/station, boat excursions with skipper, home chef, etc.).
Parties: collectively refers to the Homen Group and the Client.
Privacy Policy: refers to the personal data protection policy.
Service(s): refers to the Accommodation Services, Catering Services, and other Optional Services offered to Clients by the Homen Group on the Site.
Object
The Contract governs the contractual relations between the Client and the Homen Group with whom the Client makes a reservation.
The GTC are made available to the Client on the Site where they are directly accessible at any time or as an annex to the Reservation Form. The Client has the option to save and print the GTC using the standard functionalities of their browser and/or computer. The GTC are also communicated by the Homen Group to the Client at the time of their reservation.
The GTC prevail over any other document concerning their object, except for the Special Booking Conditions which prevail over the GTC in case of conflict.
The Contract expresses the entirety of the obligations of the Parties. No general or specific condition communicated by the Client can be integrated into the Contract or added to it.
Prior to any reservation of a Service, the Client is duly informed of the GTC and declares having full legal capacity to commit under these GTC. Any reservation implies the full and unreserved acceptance of the Client to these GTC.
Reservation
Reservation Process and Acceptance of the Contract
Regarding Accommodation Services
The reservation of an Accommodation Service can be made (i) directly throught the Site or (ii)by phone or email, via the Reservation Form, by contacting the Homen Group or through a third party (e.g., travel agent, specialized company, etc.).
Any reservation implies the receipt, consultation, and full and unreserved acceptance of these GTC by the Client. The Homen Group invites the Client to carefully read the Special Booking Conditions and the GTC which will be annexed to the Reservation Form or directly accesible on the Site. The Client acknowledges having been informed of the nature, destination, and reservation modalities of an Accommodation Service and having requested and obtained the necessary and/or additional information to make their reservation with full knowledge of the facts. Additional checks can be made directly with the Homen Group if necessary, via the “Contact” tab available on the Site (https://homenresidences.com/fr/). It is reminded for all practical purposes that the Client is solely responsible for their choice of a Service and its suitability for their needs, so that the responsibility of the Homen Group cannot be sought in this regard.
It is expressly agreed between the Parties that any reservation of a Service is nominative and cannot in any case be transferred in whole or in part to a third party, whether free of charge or for a fee or for commercial purposes.
The Client can either book, through the paper or electronic Reservation Form, one or more room from the Homen Group Hotels per night.
Regarding Optional and Catering Services
The reservation of a Catering Service or Optional Services can only be made once the reservation of an Accommodation Service is confirmed by phone, email, or directly on-site with the concierge service of the Homen Group Hotels.
Reservation Confirmation
Once the Client has made a reservation for an Accommodation Service under the conditions of Article 3.1, the Client receives an email at the email address they provided (with a copy of the Reservation Form they previously signed if applicable).
In case of reservation of an Accommodation Service, the reservation will only be considered definitively made after payment of the first deposit as provided in Article 6.2.1 as specified in the Reservation Form.
Absence of the right of Withdrawal
It is reminded that, in accordance with Article L. 221-28 12° of the Consumer Code, the Client does not have the right of withdrawal provided for in Article L.221-18 of the Consumer Code for Accommodation Services, the subject of these terms.
Cancellation or Modification by the Client
The reserved Accommodation Services are exclusively subject to the cancellation and/or modification conditions provided in the Special Booking Conditions, and are summarized in the Reservation Form. It is recommended that the Client take out travel insurance that meets their needs.
Depending on the Special Booking Conditions, the Homen Group will be entitled to charge cancellation fees and, if applicable, all or part of the price of the Accommodation Services, which will be deducted from the amounts paid in advance, if applicable, or from the amount held as a guarantee (if the reservation has not been prepaid) and which, for the remainder, will be invoiced to the Client. The Homen Group also reserves the right to re-sell the concerned Accommodation Service.
Deposits (amounts paid in advance) will not be refunded beyond the cancellation and/or modification deadline communicated to the Client at the time of booking and/or confirmation of the reservation.
Cancellation by the Homen Group
If the Homen Group decides not to execute the Contract, it is reminded that the consumer-client has the right to receive compensation equal to the amount of the deposit paid by the Client.
In the case of an exceptional event or the inability to make the reserved room available to the Client, or in the case of force majeure, the Homen Group reserves the right to accommodate the Client in a hotel of equivalent category, offering similar services, provided that the Client has been informed in advance. Any additional cost of the room and transportation between the two accommodations will be borne by the Homen Group.
Interruption of stay
In any case, in the event of interruption of the stay by the Client for any reason, including in the event of behavior contrary to the rules of good conduct mentioned in Article 4.5, the Client will be required to pay the Homen Group the full price specified in the Reservation Form, and no refund of any kind will be granted for this reason.
In the event of advance payment, the said amount will be retained from the amounts paid in advance. If the reservation has not been prepaid, the Homen Group will deduct the amount due from the sums held as a guarantee.
No-show
Depending on the Special Booking Conditions, the Homen Group will be entitled to charge cancellation fees and, if applicable, all or part of the price of the reserved Accommodation Services, which will be deducted from the amounts paid in advance, if applicable, or from the amount held as a guarantee (if the reservation has not been prepaid). The Homen Group also reserves the right to re-sell the concerned Accommodation Service.
Irregular Reservation
Any reservation or payment that is irregular, inoperative, incomplete, or fraudulent for a reason attributable to the Client will result in the cancellation of the reservation, without prejudice to any civil or criminal action against the latter.
Depending on the Special Booking Conditions, the Homen Group will be entitled to charge cancellation fees and, if applicable, all or part of the price of the reserved Services, which will be deducted from the amounts paid in advance, if applicable, or from the amount held as a guarantee (if the reservation has not been prepaid). The Homen Group also reserves the right to re-sell the concerned Service.
Complaints – Information
Complaints relating to the non-performance or poor performance of the Services must, to facilitate their processing, be brought to the attention of the Homen Group in writing at the contact details indicated in the “Contact” tab of the Site (https://homenresidences.com/fr/).
Stay conditions and other conditions applicable to services
Pets
Pets are strictly prohibited within the Hotels of the Homen Group.
Children
Children must be supervised by their parents or a responsible adult. The Client also undertakes to ensure that the children under their responsibility respect the tranquility of the establishment at all times.
The Homen Group disclaims all liability for accidents occurring in or around the pool. It is understood that children must be under the supervision of their parents.
Parking
The Homen Group may, as the case may be, allow the Client to park their vehicle in the parking lot of the Homen Group Hotels.
By entrusting their vehicle, the Client:
- authorizes the Homen Group staff to drive and move the vehicle, if necessary;
- declares that they have up-to-date insurance and technical control, as required by law;
- confirms that the amount of fuel in the vehicle is sufficient and, for electric vehicles, confirms that they have left the appropriate charging cable and adapter in the vehicle, if applicable;
- confirms that they have emptied the vehicle of all unnecessary personal and/or valuable items for parking the vehicle and deactivated and/or removed the toll and/or parking badge.
Wifi and Network Access
The use of Wifi within the Homen Group Hotels is free for Clients.
Illegal downloading is strictly prohibited and is the responsibility of the Client. The Client must comply with the Homen Group’s security policy, including the rules for using the security measures implemented to prevent the illegal use of IT resources and refrain from any act that would undermine the effectiveness of these measures.
The Client undertakes that the IT resources made available by the Homen Group will not be used in any way for the reproduction, representation, making available, or communication to the public of works or any objects protected by intellectual property rights or neighboring rights without the prior authorization of the rights holders on any content protected under the provisions of the Intellectual Property Code. The Client will indemnify the Homen Group at their own expense against any action and/or claim from a third party invoking the violation of an intellectual property right and will bear all associated costs and damages.
In this regard, the Client shall compensate any damage, loss, or cost (including reasonable attorney fees and expenses) incurred by the Homen Group in connection with such an action, as well as any amount paid in settlements and/or damages that the Homen Group may be ordered to pay.
Rules of Good Conduct
The Client agrees and undertakes to use the premises as a reasonable person and in respect of the image of the Homen Group Hotels. Furthermore, the Client also undertakes not to disturb the tranquility of the Homen Group Hotels. Any behavior contrary to good morals, public order, the image, and reputation of the Homen Group Hotels may authorize the Homen Group to ask the Client to leave immediately, without delay and without any compensation.
The Client will be required to pay the Homen Group the full price specified in the Reservation Form, and no refund or compensation of any kind will be granted for this reason.
If no payment has yet been made, the Client must pay for the services consumed before leaving the Homen Group Hotels.
Damage and Deterioration
During the stay, the Client is responsible for either the room made available to them as well as its furniture.
The Client undertakes to use the premises of the Homen Group Hotels made available to them appropriately and not to cause damage, returning them in a state of cleanliness, consistent with the state in which they were when they first accessed the premises in question.
In general, the Client assumes responsibility for the consequences resulting from their negligence, faults, errors, and more generally for all damages, direct and indirect, material or immaterial, caused to third parties or the Homen Group and whose occurrence would be related to the Services.
In case of damage or deterioration not declared before the Client’s departure (check-out), the Homen Group reserves the right to deduct the necessary amount for repair work as well as any ancillary costs related to the immobilization of the room of the Homen Group Hotels during this period.
The Homen Group will provide an invoice to the Client for these costs.
The Client undertakes not to harm the Homen Group Hotels in general, not to disrupt the operation of the Homen Group Hotels, nor to endanger the safety of the Homen Group Hotels and the people therein, with the Homen Group reserving the right to intervene if necessary.
Inventory of Fixtures
A contradictory inventory of fixtures will be conducted by a bailiff or equivalent at the beginning and end of the Client’s stay.
Security
Surveillance measures are implemented by the Homen Group. Safes are available to Clients in the rooms.
However, Clients are advised to exercise caution, particularly regarding valuable items. It is reminded that safes are available in the rooms of the Homen Group Hotels.
Clients are particularly advised not to leave valuable items in plain sight (especially in the rooms or vehicles parked in the Homen Group Hotels parking lot).
The Homen Group declines all responsibility in case of theft, loss, or damage to the Client’s valuable items.
The Client undertakes to inform the Homen Group as soon as possible and no later than before their departure (check-out), in the event that, during their stay, they are the victim of an accident or if one of their valuable items is damaged, lost, or stolen.
Non-Smoking Policy
The general smoking ban has been applicable in France since January 2, 2008, in closed and covered places, and it is therefore forbidden to smoke inside the Homen Group Hotels, which is an entirely non-smoking establishment.
Therefore, if a persistent smoke odor is detected in a room after the Client’s departure, an additional night (rate of the last night) will automatically apply at the time of the Client’s departure (check-out) for cleaning costs and to compensate for the Homen Group’s inability to accommodate a new client.
“Inoperative” Clients Policy
The Homen Group implements a personal data processing system for the prevention and security of property and people and to combat unpaid bills.
In this context, the Homen Group may decide to categorize as “inoperative” any client with inappropriate behavior corresponding to the following categories: assaults and incivilities, non-compliance with the Contract, non-compliance with safety rules, thefts, damage and vandalism, or payment incidents. These data are mandatory. The status of “inoperative” may lead the Homen Group to refuse a reservation to the Client when they wish to book again one of the rooms of the Homen Group Hotels, for a period, depending on the reasons, between 122 days or 450 days (in case of brutality towards staff and/or customers, fighting within the Homen Group Hotels, insults, threats or threatening behavior towards staff and/or customers, noisy behavior disturbing customers, disabling security and/or safety equipment, abusive triggering of security equipment, or any other action endangering the safety of staff and/or customers).
Description of services
The essential characteristics of the Services are described on the Site.
The photographs presented on the Service site are for indicative purposes only. Even though every effort is made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Homen Group Hotels and/or Services provide as accurate a view as possible of the Accommodation Services, etc. offered, variations may occur, particularly due to changes in furniture or possible renovations.
In case of doubt, or to obtain additional information about the Services, it is possible to contact the Homen Group by email or phone via the “Contact” tab on the Site (https://homenresidences.com/fr/).
In any case, the Homen Group cannot be held responsible for non-substantial errors that may occur in this regard.
Financial conditions
Price of Accommodation Services
For Accommodation Services, the price related to the booking is directly accessible on the Site or communicated by phone or email and is understood per room of the Homen Group Hotels, and per night for the number of person(s) and dates.
Certain fees may be charged to the Client in case of cancellation of the booking or no-show. The price is inclusive of all taxes (excluding tourist taxes). The price only includes Accommodation Services. Additional services to Accommodation Services, which may be provided by the Homen Group during the Client’s stay and/or Catering and/or Optional Services, will be added to the price mentioned in the Reservation Form.
Payment Conditions
Terms of Payment for Accommodation Services
Regardless of the payment instructions, the Client declares themselves personally responsible for the payment in case the person, company, or association (indicated at the time of booking and presenting themselves as the guarantor of the Accommodation Services fees) fails to pay part or all of the Accommodation Services fees on behalf of the Client.
Payment for Accommodation Services reservations is made by credit card (Visa, MasterCard, or American Express) via the secure link provided by the Homen Group to the email address indicated by the Client or by bank transfer only.
Any additional fees requested by banking institutions are the responsibility of the Client.
Accepted credit and debit cards are: Visa®, MasterCard®, American Express®, Diners®, and Carte Bleue®. It is specified that JCB cards are not accepted.
The Homen Group may accept different payment methods, but the Client must present to the Homen Group the credit card used to guarantee the reservation or make the prepayment. The Homen Group will also ask them to present an identity document for the prevention of credit card fraud.
Prepayment of Accommodation Services
Payment for Accommodation Services is partly made at the time of booking. This prepayment will be considered as a deposit.
The Client will be invited to pay the balance of their Accommodation Services reservation before the cancellation deadline indicated in the Special Booking Conditions in the Reservation Form. For the payment of deposits and the balance of the booking, payments can be made by credit card, via the secure link provided by the Homen Group to the email address indicated by the Client, or by bank transfer and in Euros only. The Homen Group cannot be held responsible for any additional fees requested by banking institutions in this regard. In case of payment by bank transfer, the Client must ensure that their name and stay dates are specified on the transfer order and send the Homen Group a copy of the payment confirmation issued by the Client’s bank. The Homen Group reserves the right to cancel the booking without notice if the required deposits and/or the balance of the reservation are not paid within the specified deadlines. In the event that, for any reason (opposition, refusal by the issuing center, etc.), the debit of the amounts due by the Client proves impossible, the reservation will be immediately canceled. The Client will be informed by email at the address provided by the Client at the time of booking. It is the Client’s responsibility to save and print their payment certificate if they wish to keep their banking details related to their transaction. A pro forma invoice can be sent to the Client upon request in electronic format to the email address provided by the Client at the time of booking. It is specified that the prepayment of Accommodation Services considered as deposits may be refundable or non-refundable according to the Special Booking Conditions.
If the deposits are considered refundable, they will be refunded to the Client if they cancel before the cancellation deadline.
In case of cancellation by the Client after the said cancellation deadline, no refund of the deposits will be made, without prejudice to the possible debit/payment of the balance of the amount due for the reserved Accommodation Services.
When the Client has not fully prepaid the total amount of the stay no later than at the time of their departure (check-out), the balance of the total amount of the stay including taxes will be debited and/or invoiced at the Client’s departure.
In any case, at the Client’s departure (check-out), the other Services and Optional Services consumed by the Client during the stay are also invoiced.
Security Deposit or Guarantee
A security deposit (the amount of which will be specified in the Reservation Form) will be requested by the Homen Group and must be paid within the timeframes indicated on the said Reservation Form
In case of non-payment, entry into the Homen Group Hotels will not be accepted.
It will be refunded within 14 days following the end of the Client’s stay if no damage is found within 24 hours following the Client’s departure.
Otherwise, the Client will assume, in addition to the reservation fees, any damage caused to the room or the Homen Group Hotels in accordance with Article 4.6 of this Contract.
An additional security deposit may be requested from the Client by the Homen Group during the stay if the amount of Optional Services and expenses exceed 50% of the initial security deposit.
Deduction at Check-out or Post Check-out of the price of the Optional Services and expenses
In the event that the amounts for Optional Services and expenses have not been fully paid by the Client at the departure date, the Homen Group has the right to invoice and deduct these amounts within fourteen (14) days from the check-out date, from the security deposit that will be returned to the Client. This includes, but is not limited to, unpaid consumed services, transfers, damages, breakages, thefts, non-payment, sending of a forgotten item, loss of room or safe keys, etc.
Intellectual property
The Homen Brands as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images, and/or logos featuring the Homen Group Hotels, on the products and services sold by the Homen Group, their accessories or packaging, whether registered or not, are and remain the exclusive property of the Homen Group.
The Site and all graphic, textual, visual, and photographic elements appearing on it, namely all illustrations, figurative or non-figurative trademarks, logos, images, drawings, photographs, characters, texts, decorations,presentation modes, graphics, or any other element of the Site (hereinafter the “Content“) are and remain the exclusive property of the Homen Group and are protected notably by intellectual property rights.
The Homen Brands, the Site, and/or its Content cannot be modified, reproduced, represented, distributed, displayed, commercialized, integrated into a derivative work, or otherwise, in whole or in part, on any medium whatsoever. Generally, the Homen Brands, the Site, and its Content can only be used within the framework of browsing the Site and, if applicable, to make a reservation.
The use of all or part of the Homen Brands, the Site, and/or its Content, notably by downloading, reproduction, transmission, or representation for purposes other than those provided for in these GTC is strictly prohibited.
Personal data and privacy
As part of the execution of the Services, the Homen Group will process personal data of Clients and Site users.
The Client is informed on each personal data collection form whether responses are mandatory or optional by the presence of an asterisk.
If the required information is not provided, the Homen Group may not be able to register the booking or manage the Client’s complaints.
The information processed is intended for the Homen Group and its partners (notably the online payment provider).
As part of pre-contractual measures for booking or executing the hotel reservation contract, the Homen Group and its partners may, each for their own part, receive identity data, personal and professional life data, and economic and financial information, particularly for hotel booking and complaint management purposes.
The Client authorizes the Homen Group to communicate their personal data to third parties, provided such communication is compatible with the operations the Homen Group is responsible for under these general conditions.
In particular, during online payment, the Client’s banking details must be transmitted by the payment provider to the Homen Group’s bank for the execution of the reservation contract. However, the Client consents to this necessary transfer for the execution of their reservation. The payment provider, as a professional, has committed to the Homen Group to take all security and confidentiality measures for these data transfers.
The Client has the right to object, free of charge, to the use of their data for prospecting purposes, including commercial purposes. In accordance with the Data Protection Act of January 6, 1978, the Client also has the right to object on legitimate grounds, the right to query, access, and rectify their data by writing to [email protected]. The Homen Group may send its Clients a “newsletter,” a satisfaction survey following their stay, by email, providing the Client with an unsubscribe link at the bottom of each commercial prospecting email.
Force majeure
Force majeure refers to any event external to the parties that is both unforeseeable and insurmountable, preventing either the Client or the Homen Group from fulfilling all or part of the obligations stipulated in the contract. Events considered as force majeure or fortuitous events are those usually recognized by the jurisprudence of the French Courts and Tribunals.
Neither party shall be held liable to the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends the execution of their mutual obligations for the parties, and each party shall bear the costs arising therefrom.
It is specified, for all practical purposes, that events of personal convenience are not considered as force majeure events.
Evidence agreement
In any case, and notably in the event of a dispute, the Homen Group may validly provide evidence of the Client’s actions, validations, and instructions, notably the entry of required banking information, computerized records kept in the company’s IT systems, as well as the content of messages and operations of Clients, using connection logs, which the Client acknowledges.
Evolution / modification of the cgv
The Homen Group invites the Client to read the GTC carefully before each booking, as they may have been modified.
The GTC may be modified and/or supplemented at any time by the Homen Group. In this case, the new version of the GTC will be posted on the Site in a readable and accessible format to allow the Client to access and easily read them. The GTC thus modified/supplemented will take effect from their online posting on the Site and will automatically apply to reservations made after their posting. Reservations made before the posting date will be governed by the previous version of the GTC. The Client can save the present GTC on a durable medium by printing them.
General provisions
In the event that any provision of the Contract is declared null, unenforceable, or inapplicable by any competent court, the other provisions will remain valid, applicable, and enforceable unless otherwise decided by the said court.
The fact that one of the Parties does not invoke a right or a breach by the other party cannot be considered, for the future, as a waiver to invoke the right or breach in question. Any waiver will only be enforceable if it has been expressed in writing by the party from which it emanates to the other party.
The titles of the clauses are indicative only; in case of contradiction between these titles and their content, the content will prevail.
The fact that the Homen Group does not invoke any provision of the Contract at any given time cannot be interpreted as a waiver to invoke it later.
For convenience, a translation of the GTC into English has been established. However, in case of dispute, only the French text will be binding.
If the GTC are translated into another foreign language, the French language will prevail over any other translation in case of dispute, difficulty of interpretation, or execution of these conditions and more generally concerning the relations existing between the Parties.
Applicable law and dispute resolution
The Contract is governed and interpreted in accordance with French law, in accordance with Regulation EC 593/2008 of June 17, 2008, without prejudice to the mandatory protective provisions that may be applicable in the consumer’s country of residence.
Any Client wishing to exercise their right of withdrawal in case of dispute related to the application and/or interpretation of the Contract, the Services, the Client undertakes to address the concerned Homen Group first, whose contact details are below:
Homen Residences
A l’attention de Monsieur Frédéric Boulanger
50 avenue des Champs Elysées
75008 Paris
[email protected]
In case of dispute between the Homen Group and the Client, they will strive to find an amicable solution.
Failing an amicable agreement, the Client is informed that they have the possibility to resort to a conventional mediation procedure or any other alternative dispute resolution procedure.
In accordance with Ordinance No. 2015-1033 of August 20, 2015, and its implementing decree No. 2015-1382 of October 30, 2015, the Client has the possibility, for any consumer dispute, subject to Article L612-2 of the Consumer Code, to refer the matter free of charge to the consumer mediator to which the Homen Group belongs, namely the Association of European Mediators (AME CONSO), within one (1) year from the written complaint addressed to the Homen Group.
The referral to the consumer mediator must be made:
• either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com under the “ONLINE REFERRAL FORM” tab;
•or by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 Paris.
AME CONSO will attempt, in complete independence and impartiality, to reach an amicable resolution of the dispute.
The Client remains free to appeal or not to mediation.
In case of mediation by the Homen Group, the Client is also free to accept or refuse mediation.
Once the mediator’s decision is rendered, each party is free to accept or refuse the solution proposed by the mediator.
All difficulties related to the interpretation, execution, and expiration of the Contract, the general terms of sale, or the services will be submitted, failing an amicable agreement under the above conditions, to the exclusive jurisdiction of the competent courts of Paris, even in the event of summary proceedings, third-party claims, or multiple defendants. By exception to the above, in accordance with the provisions of Regulation No. 44/2001 of December 22, 2000:
• the consumer client may choose to bring any dispute either before one of the territorially competent courts under the Code of Civil Procedure, or the court of the place where they resided at the time of the conclusion of the contract, or the occurrence of the harmful event, in accordance with Article R. 631-3 of the Consumer Code;
• The Homen Group may bring the matter before the court of the place where the consumer client is domiciled.
The Homen Group reserves the right to request and obtain injunctions or orders to defend its rights under these terms.
In accordance with Article L. 223-1 of the French Consumer Code, the Client has the possibility to register free of charge on a list of opposition to telephone canvassing Bloctel (www.bloctel.gouv.fr) to no longer be canvassed by telephone by a professional, except when it comes to solicitations occurring in the context of the execution of an ongoing contract and related to the object of this contract.