GENERAL CONDITIONS OF SALE & GENERAL CONDITIONS OF USE
GENERAL CONDITIONS OF SALE
Article 1. Applicable regulation
These general conditions of sale shall form an integral part of the accommodation agreement, which is subject to the residences services regulations without the option of any security of tenure (domiciliation is possible if the student accommodation is deemed to be the main residence).
They shall prevail over any other terms.
Article 2. Booking
Booking Ecla accommodation is subject to Ecla's acceptance of the Client’s booking. Booking is subject to the payment of an administration fee and a security deposit payable when the lease contract is signed (based on the length of stay). The occupant shall only be refunded insofar as no damage is detected during the exit inventory and they are up to date with payments. The security deposit shall be refunded within one month following the vacating of the accommodation and in accordance with legislation.
The acceptance of applications is solely at Ecla’s discretion.
Furthermore, for a booking to be deemed to be firm it must be guaranteed with a physical or bank security or be followed by a payment on account. Other options may exist by means of partner agreements for example with companies who assume liability.
Other conditions may be applied for promotional pricing. For the special cases mentioned in the pricing structure on the booking page the above conditions apply.
Article 3. Price
Prices only include the use of an apartment.
Prices may be revised without notice and optional services are not included in the price.
Prices are calculated with a VAT rate of 10%, (subject to increases to VAT). They do not include housing tax or household waste tax.
Administration fees may be charged (see pricing conditions shown in accordance with legislation).
Payment must be made in the first five days of the month.
In the event of non-payment, the person or organisation that is severally liable for the security will be required to pay the amount due.
The recovery of amounts owed by the occupant to Ecla, for whatever reason, may be pursued by any means offered by the law. The accommodation is deemed to be occupied until such time as the keys have been returned and the occupant remains in residence.
Article 4. Changes to the booking or length of stay
Any changes to the length of stay requests must be notified in writing (e-mail, fax, post) and may incur additional administration fees.
Subject to availability and at Ecla’s discretion, the length of stay may be extended but with no obligation to provide the same apartment or accommodation at the same price.
In the event that an extension to the length of stay is accepted and a new price is applied, the latter shall apply from the date on which the application is accepted by Ecla and the new lease is signed.
For online bookings, in accordance with Article L121-21 of the French Consumer Code, the Hamon Law of 17/03/2014, the withdrawal period without charge is 14 days.
A postponement of stay without charge within D+15 beyond the date of arrival initially planned, for a cause related to Covid-19 (on presentation of proof) is possible. This postponement is not applicable to Ecla Business stays.
Cancellation of stay
Details of fees :
- Until D-30 before the arrival date :
- up to 7 days after receipt of lease: free cancellation
- more than 7 days after receipt of the lease: full refund except 50% of the application fee
- Between D-29 and D-15 before the date of arrival: full refund except 100% of the application fee.
- Between D-14 and D-7 before the arrival date: full refund except 100% of the application fee + ½ months of rent
- After D-7: full refund except 100% of the application fee + 1 month's rent
Specific cases :
Refusal of French visa: Special conditions until January 31, 2021.
Any cancellation related to a French visa refusal must be notified to us in writing along with proof of refusal.
- Free cancellation linked to a visa refusal up to 15 days before the date of arrival.
- Between D-15 and date of arrival: full refund except 100% of the application fee.
- Beyond the date of arrival: full refund except 100% of the application fee + 1 month's rent.
Article 5. Occupant’s obligations
The occupant must take out liability and home insurance cover with a reputable insurance company, and provide evidence of cover to Ecla upon request (for all stays of 6 months or more).
In the event of failure to produce an insurance certificate, Ecla shall implement the one-month cancellation clause, to bring about the termination of the agreement due to a lack of insurance.
Only the occupant may occupy the property. He or she may not transfer their accommodation to a third party even for a short time, nor let a third party use it without prior agreement from Ecla.
Authorised visits can only take place when the occupant is present. All visitors may be asked to produce identification by the warden and explain the reason for their visit.
All visitors staying for one or more nights must pay a fee corresponding to 1/100th of the monthly rent per night stayed.
The occupant may not receive post for third parties. The occupant must change their address when they leave.
The apartment shall be made available to the occupant in good repair and condition. The occupant shall treat the rental property and its fixtures with due care and attention.
The occupant shall respect other occupants, Ecla staff, and the work, well-being and needs for rest of others. For the benefit of other occupants, noise nuisance created by the occupant and any guests must be limited, in particular after 10 pm, including in communal areas and outdoor spaces.
An inventory of fixtures is issued to the occupant upon arrival. It is imperative to pay particular attention to this document in order to avoid any subsequent disputes. An exit inventory of fixtures is drawn up upon the departure of the occupant. For this purpose, an appointment must be made with the Ecla manager. Otherwise the exit inventory will be drawn up solely by Ecla.
The occupant is responsible for their apartment as well as for any equipment and furniture provided with it. Any refurbishment carried out must be appropriate for the apartment and furniture. Any damage caused will result in financial penalties.
Bags of waste must be placed in the bins provided close to the building on a daily basis.
Occupancy of the accommodation must be assumed in a peaceful manner, in accordance with French law, in regard to usage and common decency (in accordance with Article 7 of the law of 6 July 1989).
Ecla cannot be held responsible for theft committed inside the accommodation, in communal areas, car parks, etc.
Furthermore, all occupants must ensure that their doors are properly locked.
In this respect, occupants are strongly recommended to notify the warden of any wrongdoing of which they may be a victim.
An inventory is displayed in each apartment. The occupant must verify its accuracy and quality as soon as they arrive, and if appropriate, inform reception or the warden in writing (e-mail, fax, post) within 4 hours of their arrival of any anomaly, missing or damaged items.
At the time of the occupant’s departure, an inventory and state of cleanliness of the apartment will be verified by Ecla and any missing items or damage to the apartment will be invoiced to the occupant.
The occupant gives Ecla permission to enter the accommodation to carry out technical maintenance, for security reasons or in an emergency. In no way does the right of occupancy give occupants the right to deny the management company or the owner of the apartment access to the apartment for maintenance reasons, for the safety of assets and people, for hygiene reasons, or to verify compliance with this agreement or internal regulations.
Fly-posting in communal areas and in the residence in general is prohibited except in designated areas.
Article 6. Complaints
We advise you to notify Ecla, the residence manager or anyone identified as such, of any complaints or issues experienced during your stay so that a solution can be found quickly.
Ecla shall not reimburse telephone or postal costs or the cost of registered post in relation to your claims even if they are well-founded.
Article 7. Responsibility
Ecla cannot be held responsible if an occupant exceeds the accommodation capacity of their apartment.
The provisions of Article 1952 et seq. of the French Civil Code concerning hoteliers do not apply.
The occupant is responsible with respect to other occupants for any damage that they may cause.
Any damage to or loss of items in their care (sets of keys in particular) shall be replaced by Ecla at the occupant’s expense.
The key to the accommodation may not be copied, or given to anyone else other than the warden or the residence manager.
It is prohibited for occupants to change the locks or add bolts to the front door.
Where an electronic entry system is installed, the occupant undertakes not to divulge the code or lend or exchange the electronic key issued to them.
Article 8. Agreement termination, non-renewal
In the event the occupant does not fulfil one of their obligations or due to inappropriate behaviour disturbing the stay of other occupants, the contract shall be automatically terminated immediately and without formality. The occupant must immediately vacate the property and if necessary may be evicted using police assistance.
Article 9. Renewal
The renewal of the agreement shall only be considered if the occupant has met all legitimate debts, and is not in breach of these conditions or internal regulations.
GENERAL CONDITIONS OF USE
1. General Information
By using our website you fully and completely accept the following general conditions.
We make every effort to ensure that the information on the website is up to date. These conditions may be amended at any time. We recommend that you review them regularly. Due to technical maintenance, you may experience interruptions to the service.
2. Description of services
The purpose of the website is to provide information regarding all of Ecla’s activities and services. Despite regularly updating our information, we cannot be held responsible for omissions, inaccuracies and gaps in the information provided on the website, whether of our own doing or of that of partner third parties.
All the information on the www.ecla-campus.com website is for guidance purposes only, subject to change and non-exhaustive.
3. Scope of responsibilities
Ecla may not be held responsible for any material damage related to the use of the www.ecla-campus.com website nor for malfunctions or incompatibility. We recommend the use of up-to-date hardware, anti-virus software and an up-to-date latest-generation internet browser to enhance your browsing experience on our website.
There are areas on our website designated for any questions you may have or for leaving feedback. Ecla reserves the right to delete, without prior formal notice, any content in these areas which conflicts with legislation applicable in France, in particular concerning provisions relating to data protection. If appropriate, Ecla also reserves the possibility of invoking the civil or criminal liability of the user, in particular in cases of racist, offensive, defamatory or pornographic messages, whatever the medium used (text, photography, etc.).
The www.ecla-campus.com website contains hyperlinks to other partner sites. Nevertheless, Ecla cannot not be held responsible for the content of sites visited.
4. Intellectual Property
Content published on the Ecla website (images, editorial content, graphics, logos, icons, sounds, etc.) and the elements necessary for it to operate (software) are subject to intellectual property rights protection, whether in terms of copyright or right of use.
Any reproduction, representation, modification, publication, adaptation of all or part of the www.ecla-campus.com website content, whatever the method or procedure used, is prohibited, unless prior written permission is from Ecla is obtained.
Any unauthorised use of the website or any element it contains shall be deemed to be an infringement and subject to legal proceedings in accordance with the provisions of Articles L.335-2 et seq. of the of the French Intellectual Property Code.
6. Applicable laws
Key relevant laws:
- Law No. 78-87 of 6 January 1978, specifically amended by law No. 2004-801 of 6 August 2004 concerning information technology, data files and civil liberties.
- Law No. 2004-575 of 21 June 2004 regarding confidence in the digital economy.
Any dispute relating to the use of the www.ecla-campus.com website is subject to French law and the Montpellier Court shall have exclusive jurisdiction, even in cases of multiple defendants or forced intervention appeals.