CGV
Terms and conditions of sale
Updated Sales Terms as of July 11, 2023
POETIC INVEST (referred to as "POETICSTAY" or "we"), registered with the RCS of Paris under number 907 710 487, with its registered office at 80 rue Taitbout 75009 Paris, offers fully equipped luxury apartments for rent in Paris with high-quality services. These Terms and conditions of sale (hereinafter the "TCS") apply to any Booking made by an individual aged at least 18 years old on an individual basis (hereinafter the "Client") on the website www.poeticstay.com, for one or more Apartments operated under the brand POETICSTAY. The Client is kindly requested to consult the internal regulations of the Apartment(s) he/she chooses to learn about the stay conditions of each Apartment (hereinafter the "Internal Regulations"), which will be sent to him/her following the corresponding Booking.
By using the Site, the Client acknowledges that he/she has the full legal capacity to enter into commitments under these Terms and Conditions of Sale and warrants the truthfulness and accuracy of the information provided. The Client selects from the offers displayed on the Site that are valid at the time of consultation. The Client's agreement to the TCS comes into effect at the time of finalizing the Booking, so the Client acknowledges having read and accepted the TCS without reservation; no Booking is possible without this acceptance. Unless expressly stated in writing, no particular condition shall prevail over the Terms and conditions of sale, which replace any prior written or oral agreement. The TCS may be amended/supplemented at any time and without notice, with the new provisions entering into force upon their publication on the Site or any other booking platform. The Client must therefore consult them regularly to stay informed of any changes that may affect him/her. If one or more of the provisions set out in the TCS are no longer valid or applicable for any reason whatsoever, the validity, legality, and legal enforceability of the remaining provisions shall not be affected or compromised. The Client has the possibility to save and modify the TCS using the standard functionalities of his/her browser or computer.
The services offered by POETICSTAY are exclusively reserved for individuals who are of legal age, over 18 years old. By accepting these Terms and conditions of sale, the Client acknowledges being of legal age. Any person under the age of 18 is prohibited from subscribing to the services. In the event of a Booking made by a person under the age of 18, POETICSTAY reserves the right to cancel the Booking, without notice or any compensation due to the person who made the Booking.
ARTICLE 1 - DEFINITIONS
The terms starting with a capital letter defined in this section, whether used in singular or plural in the Terms and Conditions of Sale, shall have the following meanings:
« Client(s) » : refers to individuals, non-commercial, aged at least 18 years old at the date of the Booking, and capable of making individual reservations (as opposed to group bookings) for personal use on the Site; ;
« General Terms and Conditions of Sale » or « TCS » refers to this document ;
« Party or Parties » refers to POETICSTAY and the Client individually in the singular and together in the plural ;
« Appartments » refers to all apartments for which a Client can make a reservation through the Site ;
« Booking » refers to the order and payment of an Apartment by the Client. Once booked, the Apartment cannot be assigned to other clients for the same period. It is specified that the Client cannot simultaneously book more than 5 Apartments or for more than 15 persons for the same period. In this case, the Booking will be considered a Group Booking. Consequently, in case of a Booking for a larger number of persons or Apartments, the Client must send an email to the address indicated on the Contact page. Similarly, the Client cannot book an Apartment for a duration exceeding one month. Therefore, in case of a Booking for a longer duration, the Client must send an email to the address indicated on the Contact page ;
« Site » refers to the website www.poeticstay.com operated by the company POETIC INVEST accessible on computer, tablet or mobile device, which allows the Client to search, consult and make Bookings ;
« Booking Platform » refers to the channel accessible on computer, tablet, mobile device, which allows the Client to search, consult and book Apartments, other than the Site ;
« Base Rate » refers to the amount paid by the Client at the time of the Booking of the Apartment and includes all overnight stays for all occupants and the services described in Article 4 as included in the Base Rate.
ARTICLE 2 - OBJECT
The TCS define the rights and obligations of each party from the Booking of an Apartment. The Terms and Conditions apply exclusively to individual bookings of up to one month made with POETICSTAY. In the event of a Booking of one or more Apartments for a duration exceeding one month, the Client must send an email to the address indicated on the Contact page to inquire about the applicable general terms and conditions.
In the case of a Group Booking, meaning a reservation of more than 15 people or 5 Apartments, the Client must send an email to the address indicated on the Contact page of the Site to inquire about the applicable general terms and conditions.
ARTICLE 3 – BOOKING
3.1 Booking Process for Individual Reservations up to One Month
The booking process is carried out on the Site as follows :
The Client enters the dates of their stay and the number of accompanying persons, as well as the desired location of the Apartment, then selects the desired Apartment and clicks on "Make a Reservation".
The Client is redirected to a third-party page displaying a summary of the stay details (dates, number of nights, maximum number of occupants), as well as a detailed quote.
The Client fills out the online form with all required personal data. These details are necessary to submit the reservation. It should be noted in particular that the Client must be at least 18 years old at the time of booking. It is the responsibility of the Client to complete all requested information on the online booking form and review all information to ensure its accuracy.
The Client enters their credit card details, accepts the Terms and Conditions of Sale and the Privacy Policy, and clicks on "Pay". For Flexible Rate Reservations, the amount indicated in the Reservation Summary and corresponding to a deposit will be immediately debited from the Client's credit card. The remaining balance must be paid by the due date indicated in the reservation confirmation email. For Non-Flexible Rate Reservations, the total amount indicated in the reservation summary will be immediately debited from the Client's credit card and will be considered as a deposit. If the cardholder's name is not one of the residing Clients, the person making the reservation must complete a debit authorization form and attach a copy of their ID card as well as a copy of the credit card used for payment.
Once POETICSTAY has received the amount due for the stay, the Client will receive a confirmation email summarizing all the reservation details, along with an invoice. A reservation is deemed accepted upon receipt of this confirmation email, and until a reservation has been confirmed, the Apartment in question may be assigned to another Client. Given the nature of the services provided, the reservation is not subject to a right of withdrawal under the provisions of Article L221-28 12° of the Consumer Code, and forms a binding contract subject to these Terms and Conditions of Sale, with any cancellation options provided for in said Terms and conditions of sale. For any reservation made through a Booking Platform, the process and conditions of the Booking Platform apply, with the Client being invited to take note of them.
3.2 Booking Process for Individual Reservations Over One Month
For stays of more than one month, which must be expressly authorized by POETICSTAY, a seasonal rental agreement may be signed between POETICSTAY and the Client. The Client must provide the following documents in advance: the three most recent pay slips and/or the latest tax assessment, an up-to-date proof of residence, their bank details, a copy of a valid ID, and a bank guarantee in the form of a credit card number in the name of the Client valid until the end of the stay plus 10 days. A reservation or its extension will only be confirmed if and when all these documents have been provided at the time of signing the seasonal rental agreement. In addition, POETICSTAY will inform the Client of the amount of the deposit to be charged in the event of a stay of more than one month. Under no circumstances can a Client make an Apartment their main place of residence for any reason, and the Client undertakes to have their own main place of residence throughout the rental period.
3.3 Subsequent Communication Methods - Digital Key
Approximately 10 days before arriving at the Apartment, the Client will receive a pre-verification email to the email address provided. When the reservation takes place less than 10 days before arrival at the Apartment, the pre-verification email is sent at the time of booking. In any case, this pre-verification email contains: a summary of the stay information and a link where the Client must enter certain essential information for their stay. In this context, POETICSTAY reserves the right to verify the age of the Client, in particular by checking the ID provided by the Client. If the Client does not provide the requested information, they will not be able to access the Apartment on the start date of the stay or the requested extras may not be provided, such as, in particular, a request for a baby cot.
Approximately 24 hours before the start date of the stay and provided that the requested pre-verification information has been provided, the Client will receive an email to the email address provided containing: the exact address of the Apartment, a description of access to the Apartment, the Apartment and building entry codes (if protected by a code), and POETICSTAY team contact details in case of emergency.
3.4 Reception of Clients Without French Nationality
In France, in accordance with the provisions of the Code of Entry and Stay of Foreigners and the Right of Asylum (CESEDA), any non-French Client, including EU nationals, must complete and sign an individual police form. This form can however be pre-filled by POETICSTAY based on the information provided by the Client at the time of Apartment booking. This form will be kept for a period of 6 months and may be transmitted to the police upon request. Refusal to complete or sign such a form is considered a legitimate reason to refuse access to the Apartment. A valid ID must be presented upon arrival by each occupant over 15 years of age.
ARTICLE 4 – RATES
4.1 Apartment Service
The base Rate displayed on the Site or Booking Platform is per Apartment per night and, in addition to the rental of the Apartment, includes utilities (water, electricity, heating), internet access via Wifi, television, bed linen, towels, booking fees, and VAT in accordance with applicable law. A toiletry kit is also provided free of charge in the Apartment. The base Rate varies depending on the reservation date, the start date of the stay, the duration of the stay, the type of apartment (number of bedrooms), the number of people occupying the Apartment (within the maximum allowed per Apartment), the location of the Apartment, and the chosen cancellation policy (Flexible or Non-Flexible).
All Reservations, regardless of their origin, are payable in Euros and all taxes included except for the tourist tax, which is addressed in section 4.4. In case of a discrepancy between the number of persons indicated at the time of booking and the number of persons on the day of arrival, a flat rate of thirty euros excluding tax (€30 HT) per additional person per night may be applied upon arrival, up to the maximum capacity of the Apartment. Unless expressly stated, additional services and amenities are not included in the price of the Apartment.
4.2 Cleaning
The base Rate also includes daily cleaning, which includes cleaning and tidying up the Apartment, including, every three nights, changing bed linen and towels, and final cleaning at the end of the stay. The base Rate does not include additional cleaning services, which will be charged separately, such as, in particular, deep cleaning required due to the condition of the Apartment after the Client's departure.
4.3 Additional Services
Unless expressly stated in the Reservation, additional services may be charged separately, at the Client's request and subject to availability by POETICSTAY, namely :
- Driver: POETICSTAY can, at your request, connect you with a third-party provider responsible for transportation services ;
- Concierge service, tailored to the Client's requests. The Client acknowledges and agrees that the concierge service acts to execute the Client's requests ;
- Early check-in, late check-out: these services offered by POETICSTAY and detailed in Article 8 are not included in the base Rate.
4.4 Tourist Tax
The tourist tax is not included in the base Rate. Its amount is determined per person per day and varies depending on local regulations. If this tax is not explicitly mentioned as paid in the payment summary at the time of booking, it must be paid by the Client later. For this purpose, it will be collected by POETICSTAY at the end of the Client's stay by debiting the credit card number provided during the Reservation. For any reservation made through a Booking Platform, the process for collecting the tourist tax by the Booking Platform applies.
4.5 Baby Policy
Children under two (2) years old can stay for free, provided this is indicated at the time of booking. A baby cot and a high chair can be provided free of charge to the Client, subject to prior request to the POETICSTAY team upon receipt of the pre-verification email, and subject to availability.
4.6 Price Changes
POETICSTAY reserves the right to change prices in the event of legislative and/or regulatory changes resulting in a change in prices (including changes to existing taxes or new taxes). Any modification or creation of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the invoice date.
ARTICLE 5 – Payment
5.1 Payment Deadline
For Reservations made based on a flexible rate, POETICSTAY will collect a deposit equal to 50% of the total amount due for the Reservation at the time of booking. The balance will be charged 5 days before the start of the stay in the Apartment or at the time of booking if it is made less than 5 days before. For Reservations made on a non-refundable basis, POETICSTAY will invoice, as a deposit, an amount equal to 100% of the total amount due for the Reservation.
5.2 Payment Methods
Payment is made securely online via a third-party payment processor. All Reservations must be validated with a valid credit card number for the duration of the stay. The Site accepts the following payment methods: credit card (Mastercard, Visa, AMEX), for all Apartments. Payment by bank transfer may be made with prior authorization from POETICSTAY. For payment on the website of a Booking Platform: refer to the possible payment methods on said website. All payments are made online, and POETICSTAY does not accept payments made on-site, nor payments in cash or by bank check or holiday vouchers or any other means than those indicated above. POETICSTAY reserves the right to cancel the Reservation in case of fraudulent, illegal, incomplete, or otherwise abnormal payment. At the time of online pre-check and possibly upon arrival at the Apartment, the credit card used for the Reservation as well as a valid ID in the same name as the credit card may be requested. In default, POETICSTAY may refuse access to the Apartment.
5.3 Late Payment
In case of non-compliance with the above-mentioned payment deadlines, POETICSTAY may charge late payment interest. Late payment interest will be due from the day after the invoice due date at a rate of three times the legal interest rate applicable on the invoice due date, applied to the total amount of the unpaid invoice including VAT.
ARTICLE 6 - SECURITY DEPOSIT
A security deposit of at least one thousand five hundred euros (€1,500) will be pre-authorized on the credit card used for the reservation, regardless of the length of stay, provided it is less than one month. The actual amount of the security deposit varies for each Apartment and is defined in the Apartment description on the Site. For stays of more than one month: POETICSTAY will inform the Client of the amount of the security deposit when transmitting the seasonal rental contract. POETICSTAY will pre-authorize an amount corresponding to a refundable deposit on the Client's credit card to verify sufficient funds. This amount, which may vary depending on the Apartment, type of Apartment, and length of stay, will only be deducted in case of material damages during the stay, minus unpaid services, including optional services, and other incurred expenses. If the Client refuses to pay the security deposit or if their credit card does not allow sufficient funds to be pre-authorized, POETICSTAY cannot guarantee access to the Apartment.
A joint inventory may be conducted between POETICSTAY and the Client upon arrival and departure. However, this inventory is not systematically carried out upon arrival and/or departure due to the autonomous nature of arrival and departure. Therefore, POETICSTAY encourages Clients to ensure that the Apartment is in good condition upon arrival and to immediately report any damages to POETICSTAY; otherwise, the Client may be charged for these damages.
A description of the Apartment including a list of equipment will be provided to the Client in the Apartment; it is the Client's responsibility to verify that all listed items are present in the Apartment and, if not, to promptly notify POETICSTAY of any missing items. The Client agrees to return the Apartment in the same condition as when it was found. The Client is responsible for any damage, loss, or breakage of objects, utensils, or furniture in the Apartment, unless they are due to normal wear and tear or force majeure.
If no material damage is observed within 48 hours following departure, the security deposit will be released in full within a maximum period of 7 days, although the bank may take a few additional days to process the refund. If, for any reason, POETICSTAY is unable to verify the condition of the Apartment at the time of departure, the security deposit may be retained for a maximum of 7 days.
In case of damage, the security deposit will be refunded, minus: any compensation withheld to repair any damage caused by the occupants (i.e., any damage and/or disruption of any nature in the private or common areas of the Apartment or the building in which the Apartment is located), unpaid services including consumed optional services on-site, and required deep cleaning. If the amount of the security deposit is not sufficient to cover all expenses, POETICSTAY reserves the right to take any action, including legal action, against the Client to claim compensation for the entire loss.
ARTICLE 7 - CANCELLATION OR MODIFICATION OF A RESERVATION
7.1 Conditions for Total Cancellation of the Reservation
For reservations made on a flexible rate basis, cancellation will be free of charge if the Client cancels the reservation up to five (5) days before the start date of the stay. The amounts paid at the time of booking will therefore be fully refunded within 48 hours of receiving the cancellation, subject to banking delays. After this period, POETICSTAY will apply cancellation fees equivalent to the total amount of the reservation, therefore will not refund the amount paid for the reservation as a deposit, and will debit the credit card for the balance of the amount due for the reservation.
For reservations made on a non-flexible basis, POETICSTAY will apply cancellation fees equivalent to the total amount of the reservation, and therefore will not refund the amount paid for the reservation as a deposit. Regarding additional services selected at the time of booking, POETICSTAY will not accept any cancellations made after the aforementioned deadlines. The amount for reserved additional services will remain due in full.
7.2 Conditions for Modification of the Reservation
Any modification of the date, duration of stay, or the selected Apartment for the reservation initially confirmed by POETICSTAY will be considered as a total cancellation and will be subject to the conditions of Article 7.1 above. However, for reservations made on the basis of flexible cancellation, POETICSTAY may, at its discretion, subject to availability and without any obligation to remain in the same Apartment or at the same price, allow the Client to partially modify the reservation, except for the start date of the stay if it has already passed at the time of the modification request. In this case, the authorization for partial modification will be provided in writing, and the following conditions will apply. If the partial cancellation of the reservation corresponds to a modification of the duration of the stay, this may result in a change in the rate. If the duration of the stay is shorter than initially booked, the rate change is retroactive to the arrival day. In the case of an extension of the duration of the stay, the rate change will be applied from the date of announcement of the extension of the stay for the additional night(s). The rate change will not be applied retroactively.
7.3 Notification
To be considered, any modification (total or partial cancellation - extension - modification) must be notified directly to POETICSTAY by email with acknowledgment of receipt or by registered mail with acknowledgment of receipt.
7.4 No-show
If the Client does not show up on the day of arrival, for any reason whatsoever, POETICSTAY will not issue any refund.
ARTICLE 8 - ENTRY INTO THE APARTMENT - ARRIVAL AND DEPARTURE TIMES
The Client enters the Apartment using the codes sent via email, which they must enter on the Apartment keypad and, if necessary, on the keypad at the building entrance. The Apartment keypad code will be active for the duration of the Client's stay and will be changed once the Client has departed. The Client has the right to enter the Apartment from 3:00 PM (local time) on the day of the start of the stay and agrees to vacate the Apartment no later than 11:00 AM (local time). Subject to prior authorization and payment of an additional fee, it may be possible for the Client to arrive earlier and/or depart later. In case of early arrival (from 10:00 AM) or late departure (until 4:00 PM), a supplement of €150 per early arrival and/or late departure will be charged. Beyond these times, an additional night will be charged at the rate in effect on that date. If the Client does not expressly request it, and if the Client has not vacated the Apartment after 11:00 AM on the day of departure without authorization, POETICSTAY reserves the right to charge an additional night at the rate applicable on that date. In case of conflict with another reservation starting on the same day, POETICSTAY will be obliged to vacate the Apartment by all legal means at its disposal and to claim damages for any losses incurred.
ARTICLE 9 - RESIDENCE POLICY
The client agrees to familiarize themselves with all rules and instructions established by POETICSTAY regarding the use of the apartment and its facilities, as well as to review and adhere to the Apartment House Rules provided to them in the pre-verification email. POETICSTAY shall not be held liable for any breach of the aforementioned rules and regulations. Additionally, the client agrees to adhere to the following provisions :
1. Occupancy Capacity : Unless expressly authorized in writing, the client is not permitted to accommodate additional persons beyond those specified at the time of reservation. Failure to comply with this obligation may result in an adjustment of the apartment's price. Furthermore, in the event of exceeding the maximum occupancy capacity of the apartment as indicated on the website, POETICSTAY reserves the right to deny access to any or all excess persons or even to immediately terminate the reservation without any possibility of refund for the client's fault. It is clarified that all children aged 2 years and older are considered full occupants. POETICSTAY informs you that it is not possible to install additional beds in the apartment (however, it is possible to add a baby cot upon request and subject to availability).
2. Nuisance and Neighborhood Respect : The client undertakes to respect other residents and occupants of the building in which the apartment is located, as well as the peace of the place, and to avoid any nuisance, particularly noise or odor. In the event of excessive noise or inappropriate behavior, the client will be asked to leave the apartment immediately, without reimbursement, and POETICSTAY reserves the right to claim damages in case of damage to common areas or complaints from other occupants of the building.
3. Sound Level Recording Device : The client is informed that a sound level recording device is installed in each apartment. This device will alert the provider designated by POETICSTAY in case the threshold of 70 decibels is exceeded. In such a case, if the recorded noise level in the apartment exceeds the defined level, the client will receive a message on the provided phone number informing them that the noise level is too high and must be reduced. POETICSTAY will also be notified at the same time. If the noise persists, a second message will be sent. Upon the third alert, the provider designated by POETICSTAY will visit the apartment to physically alert the client that the noise level in the apartment exceeds 70 decibels. The cost of this visit may be charged to the client. In this case, POETICSTAY reserves the right to immediately terminate the reservation, ask the client to leave the apartment immediately and without reimbursement, and claim damages in case of damage.
4. Apartment Use : The apartment is reserved for personal residential use; except for telecommuting when permitted by the client and for rentals intended for professional events for which POETICSTAY has been informed and has given its consent. It is strictly prohibited to organize parties or any other event inside or outside the apartment. Prostitution and engaging in prostitution are strictly prohibited, as is any trade or use of drugs. The client undertakes to keep in good general condition the movable property made available to them in the apartment and to report by email to POETICSTAY any defect or malfunction as soon as they become aware of it. Furthermore, the client is reminded that they must secure access to the apartment (bay, window(s), common lock, building door, and entrance door) when leaving the premises.
5. Liability : he client undertakes to return the apartment in perfect condition and will be held responsible for any damage, loss, or theft of objects or equipment.
6. Minors : POETICSTAY apartments cannot accommodate minors under 18 years of age who are not accompanied by their legal representatives. Consequently, POETICSTAY may require any supporting documents to verify the proper application of this provision. In case of violation of this provision, POETICSTAY may at its discretion cancel the reservation or immediately terminate the stay.
7. Smoking : Smoking is prohibited in the apartment. Any evidence or persistent smell of tobacco may result in additional cleaning fees and compensation for nights not allocated to other clients.
8. Pets : Unless expressly stated otherwise in the apartment description, pets are not allowed, except for assistance dogs and guide dogs, which are accepted free of charge subject to the following conditions:
- The client has indicated the presence of their dog when filling out the pre-verification information;
- Que le chien ne génère aucune nuisance olfactive, sonore ou autre ;
- The dog does not disturb the peace and security of people, and the client agrees to respect the basic rules of hygiene and integrity of the apartment, both in common areas and in the apartment itself, and to keep the dog on a leash in common areas. The client is also responsible for any damage caused by the dog ;
- It is up to date with its vaccinations, and in particular, it is vaccinated against rabies, POETICSTAY may request the vaccination certificate.
9. Wifi : The apartments offer free WiFi access allowing clients to connect to the internet. The client agrees that the IT resources made available by POETICSTAY are not used in any way for the reproduction, representation, provision, or communication to the public of works or objects protected by copyright or neighboring rights, such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders provided for in Books I and II of the Intellectual Property Code when such authorization is required. The client must comply with the security policy of the apartment's internet service provider, including the rules for using security measures implemented to prevent the illicit use of IT resources [or any other term used in the company's IT charter], and refrain from any act that undermines the effectiveness of these measures. If the client fails to comply with the above obligations, they may be charged with the offense of counterfeiting (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years' imprisonment. Likewise, the client undertakes not to use the internet means made available to them to commit an offense punishable by law. In any case, POETICSTAY shall not be liable for any malfunction, total or partial unavailability of WiFi.
10. Apartment Access : The client agrees that POETICSTAY or its service providers may access the apartment to carry out urgent cleaning and/or maintenance or repair work and/or to enforce safety or nuisance prevention requirements.
11. Smoke Detector : A smoke detector is present in each apartment for obvious safety reasons. If the detector is triggered by the client's action, POETICSTAY may charge all expenses incurred, particularly in the event of intervention by firefighters and/or the police.
12. Photography : The client may photograph the apartment for personal use, but is not authorized to market these photographs or publish them on any media.
13. Apartment Return : The client agrees to leave the apartment clean, intact, and in good condition upon departure. If it turns out that the client engages in activities or behavior contrary to the Terms and conditions of sale or the Apartment House Rules, or in case of behavior contrary to good morals and public order, POETICSTAY may cancel the reservation immediately without notice and without compensation and ask the client to leave the apartment immediately and without reimbursement. POETICSTAY reserves the right to claim additional damages in case of prejudice, to file a complaint, or to report the matter to the competent authorities. If no payment has yet been made, or in the case of partial payment, the client must pay the price of the reserved nights and ordered services before leaving the apartment.
ARTICLE 10 - DESCRIPTION OF THE APARTMENT
The Apartment and the services correspond to those presented on the Site or Booking Platform. However, the descriptions and photographs presented on the Site and/or accompanying Booking Platforms, as well as the services presented, are provided for informational purposes and are not contractual. Although every effort is made to ensure that the photographs, graphics, and texts used to illustrate the Apartment provide as accurate an idea as possible of the Apartment offered, variations may occur, particularly due to changes in furniture or renovations. The Client shall not be entitled to any compensation in this regard.
ARTICLE 11 - RESPONSIBILITY - LIABILITY EXCLUSION
The Client and/or the occupant acknowledge that they cannot avail themselves of the legal provisions applicable to residential leases, especially regarding property maintenance. The occupant agrees not to establish residence at the address of the Apartment, neither for tax purposes, nor for professional purposes, nor to sublet, for any reason, the Apartment or grant its free use to a third party. POETICSTAY cannot be held responsible for any damage, theft, or behavior in which the Client may be the perpetrator or victim. POETICSTAY cannot be held responsible for the loss, theft, or deterioration of personal effects in the Apartment or in common areas. Similarly, POETICSTAY does not guarantee constant and uninterrupted access to the website, nor functional Internet connection and optimal speed at all times in the Apartment. POETICSTAY disclaims any liability for damages resulting from misuse of the Internet by the Client, such as viruses or spam.
POETICSTAY cannot be held responsible for the payment of any compensation or indemnity in case of delay or non-performance of its contractual obligations due to force majeure. In case of exceptional events or inability to make the reserved Apartment available to the Client or in case of force majeure, POETICSTAY may offer the Client another Apartment, for all or part of the duration of the stay, of equivalent category, for services of the same nature and subject to the prior agreement of the Client.
In the event of solicitation of the concierge service, POETICSTAY cannot be held responsible for the performance, improper performance, or non-performance of services or the conformity of goods requested by the Client from the concierge service and carried out by third parties. In case of any claim of any nature whatsoever, the Client shall address directly to the concerned partners. POETICSTAY's liability shall not, in any case, exceed the amount of the service or goods concerned by the damage.
ARTICLE 12 - INTELLECTUAL PROPERTY RIGHTS
The entire Site and its content (including, without limitation, all texts, images, photographs, logos, drawings, etc.) are the exclusive property of POETICSTAY. Consequently, the Client may not reproduce, exploit, copy, publish, commercialize, promote, distribute, license, sell, or otherwise use the content published on the Site without the express, prior, and written consent of POETICSTAY, which may be subject to financial compensation.
ARTICLE 13 - INTERPRETATION PRINCIPLES
These Terms and Conditions of Sale are complemented by the legal notices, privacy policy, and cookie policy. As these documents may evolve over time, the most recent version prevails over previous versions. These contractual documents are applicable to the exclusion of any other document issued by the Client that would not be opposable to POETICSTAY. These documents express the entirety of the Parties' obligations regarding the subject matter they address. No general or specific condition communicated by the Client can be integrated into these Terms and Conditions of Sale. The contractual documents forming the commitment of the Parties are, in descending order of priority: the reservation confirmation, the Apartment's Internal Regulations, the GTC, the Privacy Policy, the legal notices, the cookie policy. In the event of a contradiction between the reservation confirmation and the GTC, the provisions of the reservation confirmation will be the only ones applicable to the obligation in question. In case of difficulty in interpretation between one of the titles at the top of the clauses of these General Terms and Conditions of Sale and any of the clauses, the titles will not be taken into account, and the content of the clause concerned will prevail.
ARTICLE 14 - COMPLAINTS – DISPUTE RESOLUTION
The POETICSTAY team is available to the client during their stay to address any complaints, resolve any issues encountered, and ensure they fully enjoy their stay. Please contact them for any inquiries : + 33 6 27 83 99 20 or contact@poeticstay.com.
Any complaint, following the client's stay, concerning the website www.poeticstay.com, our Apartments, our services, or any provision of the Terms and Conditions of Sale, our Privacy Policy, or our Cookie Policy, must be made within three months from the departure date, either by registered letter with acknowledgment of receipt to POETICSTAY - Customer Service – 80 rue Taitbout 75009 Paris, France or by email to the following address : contact@poeticstay.com. Any complaint must include the following information: the booking number, the location and dates of the stay, the type of Apartment booked, the reason for the complaint, and any supporting documents that may be useful for processing the request.
In the event of a dispute, both Parties undertake to attempt an amicable settlement before any legal action is taken. If they do not do so, either Party may seek redress in court. Please note that requests for amicable settlement do not suspend the deadlines for initiating legal proceedings. If the dispute cannot be resolved amicably with the Customer Service, and subject to a written complaint submitted within the last 12 months, a mediation procedure may be initiated by contacting MTV (Tourism and Travel Mediation) either by postal mail after completing the referral form available on the website https://www.mtv.travel/demande-saisine and sending it to the following address Service dépôt des saisines BP 80303 75823 PARIS CEDEX 17, France, r electronically by filling out an online referral request on the website https://www.mtv.travel/demande-saisine.
ARTICLE 15 - APPLICABLE LAW
The Terms and Conditions are governed by French law, without prejudice to the applicable law under the provisions of private international law. This applies to both substantive and formal rules.