Terms & conditions
The company SNC HIGHSTAY ("HIGHSTAY" or "we"), registered with the Paris Trade and Companies Register under number 917 956 070, and whose registered office is located at 336 rue Saint-Honoré 75001 Paris – France, offers fully equipped luxury flats for rent in Paris with quality services. These general terms and conditions of sale (hereinafter the "T&C") apply to any Reservation made by a natural person aged at least 18 years old on an individual basis (hereinafter the "Client") on the website www.highstay.com, for one or more Apartments operated under the HIGHSTAY brand. The Client is kindly asked to consult the internal regulations of the Apartment(s) s/he selects to find out the terms and conditions of stay for each Apartment (hereinafter the "Internal Regulations") and which will be sent to him/her upon completion of the related Reservation.
By using the Site, the Client acknowledges that s/he has full legal capacity to enter into commitments under these T&C and guarantees the truthfulness and accuracy of the information s/he provides. The Client chooses from amongst the offers displayed on the Site which are valid at the time of their consultation. The Client's agreement to the T&C comes into effect when the Reservation is finalized, so that the Client acknowledges having read them and accepted the T&C without reservation; no Reservation is possible without this acceptance. Unless expressly stated in writing, no special conditions shall prevail over the T&C, which replace all and any prior written or oral agreement. The T&C may be amended/completed at any time and without notice with the new provisions coming into force as soon as they are published on the Site or any other reservation platform. The Client must therefore consult them regularly to keep abreast of any changes that may affect him/her. If one or more of the provisions set out in the T&C were to be no longer valid or applicable for any reason, the validity, legality, and legal enforceability of the remaining provisions shall not be affected or impaired. The Client has the option to save and edit the T&C using the standard features of his/her browser or computer.
The services offered by HIGHSTAY are exclusively reserved for adult individuals over 18 years of age. By accepting these T&Cs, the Client therefore acknowledges being of legal age. Anyone under the age of 18 is prohibited from subscribing to the services. In the event of a Reservation made by a person under the age of 18, HIGHSTAY reserves the right to cancel the Reservation, without notice or any compensation due to the person who made the Reservation.
ARTICLE 1 - DEFINITIONS
Capitalized terms defined in this section, whether used in the singular or plural in the T&C, shall have the following meaning:
- "Client(s)": means natural persons, non-commercial, who are at least 18 years of age on the date of the Reservation and who are capable of making individual reservations (as opposed to group reservations) for personal use on the Site;
- "General Conditions" or "T&C" refers to this document;
- "Party or Parties" means HIGHSTAY and the Client individually in the singular and together in the plural;
- "Apartments" means all apartments for which a Client can make a reservation through the Site;
- "Reservation" means the ordering and payment of an Apartment by the Client. Once reserved, the Apartment cannot be allocated to other customers for the same period. It is hereby specified that the Client may not simultaneously reserve more than 5 Apartments or for more than 15 people for the same period. In this case, the Reservation will be qualified as a Group Reservation. Consequently, in the event of a Reservation for a greater number of people or Apartments, the Client must send an email to the address given on the Contact page. Similarly, the Client may not book an Apartment for a period of more than one month. Therefore, in the event of a Reservation for a longer period, the Client must send an email to the address given on the Contact page;
- "Site" means the website www.highstay.com operated by HIGHSTAY accessible on computer, tablet or mobile device, which allows the Client to search, consult and make Reservations;
- "Reservation Platform" means the channel accessible on computer, tablet, mobile device, which allows the Client to search, consult and book Apartments, other than the Website;
- "Basic Rate" means the amount paid by the Client at the time of reserving the Apartment and includes all overnight stays for all occupants and the services described in Article 4 as being included in the Basic Rate.
ARTICLE 2 - PURPOSE
The T&C defines the rights and obligations of everyone when reserving an Apartment. The T&C are applicable exclusively to individual Reservations of one month maximum made with HIGHSTAY. In the event of a Reservation for one or several Apartments for a period of more than one month, the Client must send an email to the address given on the Contact page to find out the general terms and conditions of sale applicable.
In the case of a Group Reservation, i.e. a Reservation for more than 15 people or 5 Apartments, the Client must send an email to the address given on the Contact page of the Site to find out the general terms and conditions of sale applicable.
ARTICLE 3 – RESERVATION
3.1 Reservation process for individual bookings of up to one month
The Reservation process is carried out on the Site in the following way:
- The Client enters the dates of his/her stay and the number of people who will be accompanying him/her, as well as the desired location of the Apartment, then selects the Apartment of their choice and clicks on "Make a Reservation".
- The Client is redirected to a third-party page, displaying a summary of the characteristics of the stay (dates, number of nights, maximum number of occupants), as well as a detailed price quote.
- The Client completes the online form with all mandatory personal details. These details are required to submit the Reservation. Of particular note is that the Client must be at least 18 years of age at the time of the Reservation. It is the Client's responsibility to complete all information requested on the online reservation form and to review all information to ensure that it is correct.
- Once HIGHSTAY has received the amount due for the stay, the Client will receive a confirmation email summarizing all the characteristics of the Reservation, together with an invoice. A Reservation is deemed accepted upon receipt of this confirmation email, and for as long as a Reservation has not been confirmed, the Apartment concerned may be allocated to another Client. Given the nature of the services provided, Reservation does not enjoy a right of withdrawal under the provisions of Article L221-28 12° of the French Consumer Code, and forms a binding contract subject to these T&C, with any cancellation possibilities provided for in the T&C. For any reservation made through a Reservation Platform, the process and conditions of the Reservation Platform shall apply, the Customer being invited to read them.
3.2 Reservation process for individual bookings of more than 28 nights
For stays of more than one month, which must be expressly authorized by HIGHSTAY, a seasonal rental contract may be signed between HIGHSTAY and the Client. The Client must first provide the following documents: the three most recent pay slips and/or the last tax notice, an up-to-date proof of address, bank account details, copy of a valid identity document 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 not be confirmed unless and until all these documents have been furnished at the time of signature of the seasonal rental contract. Furthermore, HIGHSTAY will indicate to the Client the amount of the deposit that will be charged to him/her in the event of a stay of more than one month. Under no circumstances can a Client make an Apartment his/her main place of residence for any reason whatsoever, and the Client undertakes to have his/her own main place of residence throughout the entire rental period.
3.3 Subsequent communication arrangements - Digital key
Approximately ten days before arrival in the Apartment, the Client will receive a prechecking email at the email address s/he provided. When the reservation takes place less than 10 days before arrival in the Apartment, the prechecking email is sent at the time of Reservation. In all cases, this prechecking email contains: a summary of the information relating to his/her stay a link where s/he should enter certain information essential to their stay. In this context, HIGHSTAY reserves the right to verify the age of the Client, in particular by verifying the identity document provided by the Client. If the Client fails to provide the information requested, s/he will not be able to gain access to the Apartment on the date of the start of the stay or the requested extras may not be provided, such as, in particular, a request for a cot.
Approximately 24 hours prior to the date of stay and subject to having provided the requested prechecking information, the Client will receive an email at the email address s/he provided containing: the exact address of the Apartment, description of how to access the Apartment, the code for the Apartment and to the entrance of the apartment block (if protected by code), the contact details of the HIGHSTAY team in case of emergency.
3.4. Reception of Customers who do not have French nationality
In France, in accordance with the provisions of the Code of Entry and Residence of Foreigners and the Right of Asylum (CESEDA), all non-French Client, including European Union nationals, must complete and sign an individual police form. However, this may be pre-filled by HIGHSTAY on the basis of the information provided by the Client at the time of Reservation the Apartment. This form will be kept for a period of 6 months and can be sent to the police on request. The refusal to fill out or sign such a form is considered a legitimate reason for refusal of access to the Apartment. A valid ID must be presented upon arrival by each occupant over 15 years of age.
ARTICLE 4 – TARIFS
4.1 Apartment service
The basic Rate displayed on the Site or the reservation Platform is per Apartment and per night and, in addition to the rental of the Apartment, includes charges (water, electricity, heating, internet access via Wi-Fi and television, bed linen and towels), reservation fees and VAT in accordance with the legislation in force. A toilet kit is also provided free of charge in the Apartment. The Basic Rate varies according to the date of reservation, the start date of the stay, the length of the stay, the type of Apartment (number of rooms), the number of people occupying the Apartment (within the maximum authorized per Apartment), the location of the Apartment and the cancellation policy chosen (Flexible or Non-Flexible).
All Reservations, whatever their origin, are payable in Euros and are inclusive of all taxes except for the tourist tax (“taxe de séjour”) which is dealt with in point 4.4. In the event of a discrepancy between the number of persons indicated at the time of the Reservation and the number of persons on the day of arrival, a flat-rate supplement of thirty euros excluding tax (€30 excluding tax) per additional person per night may be applied on arrival, up to the maximum capacity of the Apartment. Unless expressly stated, ancillary services and benefits are not included in the price of the Apartment.
The Basic Rate also includes: daily cleaning, including cleaning and tidying of the Apartment, including making the bed(s), every third night: change of bed linen and towels, cleaning at the end of the stay. The Basic Tariff does not include any additional cleaning services which will be invoiced in addition, such as, in particular, deep cleaning required in view of the state of the Apartment after the Client's departure.
4.3 Additional services
Unless expressly included in the Reservation, additional services will be invoiced in addition, namely
- Driver: HIGHSTAY can, at your request, put you in touch with a third-party service provider in charge of transporting people,
- Concierge service, adapted to the Client's requests. The Client acknowledges and agrees that the concierge service acts to fulfill the Client's requests;
- Early check-in, late check-out (early arrival, late departure): these services offered by HIGHSTAY and detailed in article 8 are not included in the Basic rate.
4.4 Tourist tax
The tourist tax (“taxe de séjour”) is not included in the Basic Rate. Its amount is determined per person per day and varies according to local regulations. If this tax is not explicitly mentioned as paid in the payment summary at the time of the Reservation, it will have to be paid later by the Client. To this end, it will be charged by HIGHSTAY at the end of the Client's stay by debiting the credit card number given at the time of the Reservation. For any reservation made through a Reservation Platform, the process of collecting the tourist tax by the Reservation Platform applies.
4.5 Baby policy
Children under the age of two (2) can stay free-of-charge, provided that this is indicated at the time of the Reservation. A baby bed and a highchair can be provided free of charge to the Client, provided that a prior request is made to the HIGHSTAY team upon receiving the prechecking email, and subject to availability.
4.6 Price changes
HIGHSTAY reserves the right to change the prices in the event of legislative and/or regulatory changes that lead to a price change (in particular, 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 date of the invoice.
ARTICLE 5 – PAYMENT
5.1 Payment period
For Reservations made on the basis of a Cancellation Rate, HIGHSTAY will charge a deposit equal to 50% of the total amount due for the Reservation. The balance will be debited 5 days before the start of the stay in the Apartment. For Reservations made on a Non-refundable basis, HIGHSTAY will charge, in the form of an advance payment, 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 Website accepts the following payment methods: credit card (Mastercard, Visa, AMEX), for all the Apartments. Payment by bank transfer can be made with prior authorization from HIGHSTAY. For a payment on the website of a Reservation Platform: refer to the possible payment methods on the said website. All payments take place online, and HIGHSTAY does not accept payment made on-the-spot, nor payment by cash or bank check or holiday check or any other means than those indicated above. HIGHSTAY reserves the right to cancel the Reservation in the event of fraudulent, illegal, incomplete, or otherwise abnormal payment. At the time of the online pre-checking and possibly at the time of arrival in the Apartment, the credit card used for the Reservation as well as a valid identity document in the same name as the credit card may be requested. Otherwise, HIGHSTAY may refuse access to the Apartment.
5.3 Late payment
In the event of non-compliance with the above-mentioned payment deadlines, HIGHSTAY may charge interest for late payment. The late payment interest will be due from the day after the due date of the invoice at the rate of three times the legal interest rate applicable on the due date of the invoice, applied to the total amount of the invoice outstanding including VAT.
ARTICLE 6 - SECURITY DEPOSIT
A security deposit of at least one thousand five hundred euros (€1,500) will be blocked on the credit card used for the reservation, whatever the length of the stay, provided that it is less than 28 nights. The actual amount of the deposit differs according to each Apartment and is defined in the description of the Apartment on the Website. For stays of more than one month: HIGHSTAY will inform the Client of the amount of the security deposit when transmitting the seasonal rental contract. HIGHSTAY will block an amount corresponding to a refundable deposit on the Client's credit card to check that s/he has sufficient funds. This amount which may vary according to the Apartment, the type of Apartment and the duration of the stay will only be deducted in the event of material damage caused during the stay after deduction of unpaid services, including optional services, and other costs incurred. If the Client refuses to pay the security deposit or if his/her credit card does not allow to block sufficient funds, HIGHSTAY cannot guarantee access to the Apartment.
A joint inventory of fixtures may be drawn up between HIGHSTAY and the Client on arrival and departure. However, this inventory of fixtures is not systematically carried out on arrival and/or departure because of the autonomous nature of the arrival and departure. HIGHSTAY therefore encourages Clients to check that the Apartment is in good condition on arrival and to report any damage immediately to HIGHSTAY, failing which the Client may be charged for the damage. A description of the Apartment including a list of equipment will be made available to the Client in the Apartment, it being the Client's responsibility to check that all the items listed are present in the Apartment and, if not, to notify HIGHSTAY without delay of any missing item. The Client undertakes to return the Apartment in the same condition as when s/he found it.
The Client is responsible for any damage, loss or breakage of objects, utensils or furniture in the Apartment, except if they are due to normal wear and tear or force majeure. If no material damage has been found within 48 hours of departure, the security deposit will be released in full within a maximum of 7 days, although the bank may take a few extra days to process the refund. If, for any reason, HIGHSTAY is not able to check the condition of the Apartment at the time of departure, the deposit may be retained for a maximum of 7 days. In the event of damage, the deposit will be returned minus: any compensation withheld to repair any damage caused by the occupants (i.e. any damage and/or disturbance of any kind whatsoever in the private areas or in the common areas of the Apartment or of the building in which the Apartment is located), unpaid services including optional services consumed on site, deep cleaning required. If the amount of the security deposit is not sufficient to cover all costs, HIGHSTAY reserves the right to take any action, including legal action, against the Client to claim compensation for the entire loss.
ARTICLE 7 - CANCELLING OR CHANGING A RESERVATION
7.1 Conditions for total cancellation of the Reservation
For Reservations made based on a Flexible Tariff: Cancellation will be free of charge if the Client cancels the Reservation up to five (5) days 24 hours before the start date of the stay. The sums paid at the time of the Reservation will therefore be refunded in full within 48 hours of receipt of the cancellation, subject to bank delays. After this period, HIGHSTAY will apply a cancellation fee equivalent to the total amount of the Reservation and will therefore not refund the amount paid for the Reservation as a deposit.
For Reservations made on a non-Flexible basis, HIGHSTAY will apply a cancellation fee equivalent to the full amount of the Reservation and, accordingly, will not refund the amount paid for the Reservation as a deposit. Regarding the ancillary services selected at the time of reservation, HIGHSTAY will not accept any cancellations made after the above-mentioned deadlines. The amount of the reserved additional services will remain due in full.
7.2 Conditions for changing the Reservation
Any change to the date, duration of stay or Apartment selected for the Reservation initially confirmed by HIGHSTAY will be considered as a full cancellation and shall be subject to the conditions of Article 7.1 above. However, for Reservations made on a Cancellation Only basis, HIGHSTAY 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, with the exception of the start date of the stay if this has already passed at the time of the request for modification. In this case, the authorization for partial modification will be in writing and the following conditions will apply: If the partial cancellation of the Reservation corresponds to a change in the duration of the stay, this is likely to result in a change of rate. If the length of stay is shorter than the one initially booked, the change in rate is retroactive to the day of arrival. In the case of an extension of the duration of stay, the rate change will be applied from the date of the announcement of the extension of the stay for the additional night(s). The rate change will not be applied retroactively.
To be taken into account, any modification (total or partial cancellation - extension - modification) must be notified directly to HIGHSTAY by email with acknowledgment of receipt or by registered mail with acknowledgement of receipt.
If the Client does not show up on the day of arrival, for whatever reason, HIGHSTAY will not issue any refund.
ARTICLE 8 - ENTERING THE APARTMENT - ARRIVAL AND DEPARTURE TIMES
The Client enters the Apartment using the codes sent by email which s/he must enter on the keypad for the Apartment and, if applicable, on the keypad of the entrance giving access to the apartment block. The code for the Apartment keypad will be active for the duration of the Client's stay and will be changed once the Client leaves. The Client is entitled to enter the Apartment from 15:00 (local time) on the day of the start of the stay and undertakes to leave the Apartment by 11:00 (local time) on the day of departure at the latest. Subject to prior authorization and payment of the additional cost, it may be possible for the Client to arrive early and/or leave late. In the event of an early arrival (from 10am) or late departure (until 4pm), an additional fee 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 force on that date. If the Client does not explicitly request this, and if the Client has not left the Apartment after 11:00 a.m. on the day of departure without being authorized to do so, HIGHSTAY reserves the right to charge an additional night at the rate applicable on that date. In the event of a conflict with another reservation starting on the same day, HIGHSTAY shall be obliged to have the Apartment vacated by all legal means at its disposal and to claim compensation for all damages.
ARTICLE 9 - RESIDENCE POLICY
The Client undertakes to take note of all the rules and instructions established by HIGHSTAY concerning the use of the Apartment and its equipment, as well as to take note of and respect the Internal Rules of the Apartment which will be sent to the Client during the prechecking email. HIGHSTAY shall not be held liable for any breach of the aforementioned rules and regulations. In addition, the Client shall comply with the following provisions:
- Occupancy capacity: Unless specifically authorized in writing, the Client is not permitted to accommodate additional persons not foreseen at the time of the Reservation. Any failure to do so may result in an adjustment to the price of the Apartment. Furthermore, in case of non-respect of the maximum occupancy capacity of the Apartment as indicated on the Website, HIGHSTAY reserves the right to refuse access to all or some of the surplus persons or even to terminate the Reservation immediately and without any possible refund for the fault of the Client. In this respect, it is specified that all children aged 2 and over are considered as full occupants. HIGHSTAY informs you that it is not possible to install additional beds in the Apartment (however, it is possible to add a cot for a baby on request and subject to availability).
- Nuisances and respect for the neighborhood: The Client undertakes to respect the other residents and occupants of the building in which the Apartment is located and the peace and quiet of the premises and to avoid any nuisance, particularly noise or olfactory. In the event of untimely noise or inappropriate behavior, the Client will be asked to leave the Apartment immediately, without reimbursement, HIGHSTAY reserving the right to claim damages in the event of damage to the common areas or complaints from other occupants of the building.
- Sound level recording device: the Client is informed that a sound-level recording device is installed in each Apartment. This device will alert the service provider appointed by HIGHSTAY if the 70-decibel threshold is exceeded. In this case, if the sound level recorded in the Apartment exceeds the set level, the Client will receive a message on the telephone number provided to the effect that the sound level is too high and that the sound level in the Apartment should be reduced. HIGHSTAY will be informed at the same time. If the noise persists, a 2nd message will be sent. On the 3rd alert, the service provider appointed by HIGHSTAY will go to the Apartment to physically alert the Client that the noise level in the Apartment exceeds the 70 decibels threshold. The cost of this visit may be invoiced to the Client. In this case, HIGHSTAY reserves the right to immediately terminate the Reservation, to ask the Client to leave the Apartment immediately and without refund and to claim damages in the event of damages.
- Use of the Apartment: The Apartment is reserved for personal residential use; except for teleworking, when permitted to the Client and rentals planned for professional events for which HIGHSTAY has been informed and has given its agreement. It is strictly forbidden to organize parties or any other event inside or outside the Apartment. Prostitution and the practice of prostitution are strictly forbidden, as is any trade or use of drugs. The Client undertakes to keep the movable property made available to him in the Apartment in good general condition and shall declare by email to HIGHSTAY any defect or malfunction as soon as he has become aware of it. Furthermore, the Client is reminded that he must close the accesses to the Apartment (bay, window(s), common lock, door of the building and entrance door) when he leaves the premises.
- Liability: The Client undertakes to return the Apartment in perfect condition and will be held responsible for any damage, loss or theft of items or equipment.
- Minors: HIGHSTAY Apartments cannot accommodate minors under 18 years of age who are not accompanied by their legal representatives. Consequently, HIGHSTAY may require any supporting document to verify the correct application of this provision. In the event of a breach of this provision, HIGHSTAY may at its discretion cancel the Reservation or immediately terminate the stay.
- Smoking: Smoking is not permitted in the Apartment. Any evidence or persistent smell of tobacco may result in additional cleaning charges and compensation for nights not allocated to other Clients.
- Pets: Unless otherwise expressly stated in the description of the Apartment, pets are not allowed, except for assistance and guide dogs, which are accepted free of charge subject to the following conditions:
- That the Client has indicated the presence of his dog when filling in the prechecking information;
- That the dog does not generate any olfactory, noise or other nuisance;
- That the dog does not disturb the peace and safety of people, the Client undertakes to respect the basic rules of hygiene and the integrity of the Apartment, both in the common areas and in the Apartment itself, and to keep the dog on a leash in the common areas, the Client also being responsible for any damage caused by the dog;
- That it is up to date with his vaccinations and in particular that it is vaccinated against rabies, HIGHSTAY being able to request the rabies certificate.
- Wi-Fi: The Apartments offer free Wi-Fi access allowing Clients to connect to the Internet. The Client undertakes to ensure that the computer resources made available by HIGHSTAY are not used in any way for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorization is required. The Client is required to comply with the security policy of the Apartment's internet service provider, including the rules for using the security measures implemented to prevent the illicit use of IT resources [or any other term used in the company's IT charter], and to refrain from any act that undermines the effectiveness of these measures. If the Client does not comply with the above obligations, s/he risks being charged with an offense of counterfeiting (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years' imprisonment. In the same way, the Client shall refrain from using the Internet resources made available to carry out an act that is punishable by law. In any case, the responsibility of HIGHSTAY cannot be engaged for any malfunction, total or partial unavailability of Wi-Fi.
- Access to the Apartment: The Client agrees that HIGHSTAY or its service providers may access the Apartment to carry out cleaning and/or urgent maintenance or repair work and/or to enforce security or nuisance prevention requirements.
- Smoke detector: a smoke detector is present in each Apartment for obvious safety reasons. If the detector is triggered due to an action of the Client, HIGHSTAY may charge all costs incurred, in particular in case of intervention of the fire brigade and/or the police.
- Photographs: the Client may photograph the Apartment for their own personal use, but are not permitted to market these photographs or publish them in any medium whatsoever.
- Handing back the Apartment: the Client undertakes to leave the Apartment clean, undamaged and in a good condition on departure.
If the Client is found to be engaged in activities or behavior contrary to the T&C or the Internal Regulations of the Apartment, or in the event of behavior contrary to public morality and order, HIGHSTAY may be required to cancel the Reservation immediately without notice and without compensation and to ask the Client to leave the Apartment immediately and without refund, HIGHSTAY reserving the right to claim additional damages in the event of prejudice, to lodge 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 booked nights and the ordered services before leaving the Apartment.
ARTICLE 10 - DESCRIPTION OF THE APARTMENT
The Apartment and services correspond to those presented on the Site or the Reservation Platform. However, the descriptions and photographs presented on the Site and/or the accompanying Reservation Platforms, as well as the services presented, are provided for information purposes only and are not contractual. Although every effort is made to ensure that the photographs, graphics, and text used to illustrate the Apartment presented give as accurate an idea as possible of the Apartment offered, variations may occur, particularly due to changes in furniture or renovations. The Client may not claim any compensation for this.
ARTICLE 11 - LIABILITY - EXCLUSION OF LIABILITY
The Client and/or the occupant acknowledges that s/he cannot avail himself/herself of the legal provisions applicable to residential leases, particularly with regard to the maintenance of the premises. The occupant undertakes not to elect domicile at the address of the Apartment, neither for tax purposes, nor for professional purposes, nor to lend, sublet, for any reason whatsoever, the Apartment or grant the use of it free of charge to a third party.
HIGHSTAY cannot be held responsible for any damage, theft, or behavior of which the Client might be the perpetrator or victim. HIGHSTAY cannot be held responsible for the loss, theft, or damage of personal belongings in the Apartment or in the common premises. Likewise, HIGHSTAY does not guarantee constant and uninterrupted access to the Website, nor a functioning Internet connection and optimal throughput at all times within the Apartment. HIGHSTAY accepts no liability for any damage resulting from the Client's misuse of the Internet, such as viruses or spam.
HIGHSTAY shall not be held responsible or liable to pay any compensation or indemnity in case of delay or non-performance of its contractual obligations due to force majeure. In the event of an exceptional event or the impossibility of making the reserved Apartment available to the Client or in the event of force majeure, HIGHSTAY may offer the Client another Apartment, for some or all of the duration of the stay, in an equivalent category, for services of the same nature and subject to the prior agreement of the Client.
In case of solicitation of the Concierge Service, HIGHSTAY cannot be held responsible for the execution, improper execution or non-execution of the services or the conformity of the goods requested by the Customer to the Concierge Service and executed by third parties. In the event of a claim of any nature whatsoever, the Customer must contact the partners concerned directly. The liability of HIGHSTAY cannot, in any case, exceed the amount of the service or property concerned by the damage.
ARTICLE 12 - INTELLECTUAL PROPERTY RIGHTS
The entire Website and its contents (including, without limitation, all texts, images, photographs, logos, drawings, etc.) are the exclusive property of HIGHSTAY. Consequently, the Client may not reproduce, exploit, copy, publish, market, promote, distribute, license, sell or otherwise use the content published on the Website without the express prior written consent of HIGHSTAY, which may be conditional upon a financial consideration.
ARTICLE 13 - PRINCIPLES OF INTERPRETATION
ARTICLE 14 - COMPLAINTS – RESOLVING DISPUTES
In the event of a dispute, the two parties undertake to try to reach an amicable settlement before any legal action is taken. If they fail to do so, either party may seek legal redress. As a reminder, requests for amicable settlement do not suspend the time limits for initiating legal proceedings. If the dispute cannot be resolved amicably with the Client Service Department, and subject to a written complaint having been made in writing less than 12 months ago, a mediation procedure may be initiated by referring the matter to MTV (La Médiation Tourisme et Voyage) either by post after filling in 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, or electronically by filling in an online referral request on the website https://www.mtv.travel/demande-saisine.
ARTICLE 15 - APPLICABLE LAW
The T&C are governed by French law, without prejudice to the law applicable under the provisions of private international law. This applies to both substantive and formal rules.