The present general terms and conditions of sale (hereafter CGV) apply to all reservations, regardless of the sales channel used.
ARTICLE 1: RESERVATION
1.1 Acknowledgement of the reservation: the reservation of an Apartment at NOCNOC is only valid after written confirmation of the reservation by NOCNOC. The Client's reservation is acknowledged by an e-mail sent by NOCNOC to the Client summarizing and confirming the reservation.
In the case of an online reservation, on the website www.nocnoc.fr, the acknowledgement of receipt of the reservation by e-mail summarizes the contract offer, the reserved services, the prices, the sales conditions relating to the selected tariff, accepted by the customer, the information relating to the after-sales service and commercial guarantees, as well as the address of the seller's establishment to which the customer can present his complaints.
1.2 The customer, prior to ordering the services, declares that the reservation of these services is made for his personal needs. As a consumer, the customer has specific rights, which would be called into question in the event that the reserved services are reserved for purposes that fall within the scope of his commercial, industrial, craft or liberal activity. It is forbidden to carry on a commercial or professional activity in the Apartments without the express authorization of the company NOCNOC.
The client is solely responsible for his choice of services and their adequacy to his needs, so that the responsibility of NOCNOC cannot be sought in this respect.
All reservations are nominative and can in no case be transferred to a third party, whether free of charge or in return for payment.
1.3 The photographs presented on the site and/or the catalog are not contractual. The photographs, graphic representations and texts reproduced are used to give as accurate an overview as possible of the accommodation services offered. Variations may occur, in particular due to changes in furniture or possible renovations. The customer cannot claim any claim on this fact.
ARTICLE 2: RATES
All reservations, whatever their origin, are payable in euros, unless otherwise specified.
Prices are flexible and variable according to different customizable criteria such as the date of booking, the start date of the stay, the duration of the stay, the type of apartment (studio, 2-room, etc.).
Prices are per Apartment and per night for the dates and length of stay chosen and include: rental of the Apartment, maintenance, consumables, taxes and charges (water, electricity, heating).
According to the local regulations in force, certain additional taxes, such as the tourist tax, may be charged upon arrival in the Apartments.
Unless they are included in the price or specifically selected at the time of booking, additional services are optional and will, if necessary, be invoiced in addition.
Any modification or introduction 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.
The examples of prices indicated "FROM" in the communication media and on the website relate to a few selected nights and are valid only for the dates and cities of departure indicated.
ARTICLE 3: GUARANTEES
3.1 All reservations must be guaranteed with a valid credit card number on the date of the beginning of your stay and accompanied by payment of the total amount of the reservation.
3.2 The guarantee may be used by NOCNOC in the event of non-payment by the occupant of the sums due to NOCNOC for the provision of accommodation and/or for damages caused in the Apartments or common areas, or in the event of theft in the Apartments. The client's credit card used for payment and guarantee of the stay may be debited after departure, up to the amount of a repair estimate following the observation of damage to the apartment occupied by the client. In case of a party, the totality of the guarantee will be retained.
Failure to comply with these terms, the reservation will not be guaranteed.
3.3 The credit card used for the reservation and valid identification must be presented upon arrival.
It is specified that the ID of the person to whom the credit card used for payment belongs must be presented on arrival. Otherwise, access to the Apartment will be refused by NOCNOC.
3.4 Under no circumstances may the Client make the rented premises his principal residence, whether for professional, family or medical reasons. The Client agrees to have, throughout the rental period, an effective principal residence.
ARTICLE 4: PAYMENT OF THE RESERVATION
4.1 Payment terms apply to all reservations, regardless of the length of stay.
4.2 METHODS OF PAYMENT: For any reservation via the NOCNOC website, payment can be made by credit card or by transfer.
In the event of payment on the spot, payment may be made in cash (within the legal limits).
The management refuses bank checks because of too many unpaid checks.
4.3 WARNING: Late payment. In the event of failure to respect the above-mentioned payment deadlines, late payment penalties may be applied by NOCNOC from the day after the due date of the invoice at a rate of 15% per year, applied to the total amount of the invoice including all taxes. A flat-rate penalty equal to 15% of the sums due will also be payable in the event of disputed collection.
ARTICLE 5: CANCELLATION / MODIFICATION OF THE RESERVATION
5.1 General terms and conditions for cancelling the reservation :
For the customers having reserved via our site or via the platform airbnb:
The total amount of the reservation is due on the day of the reservation.
If the cancellation request is made within 48 hours of the reservation and if the date of arrival in the apartment is in more than 14 days, we will refund the full amount of the reservation.
If the cancellation request is made at least 14 days before the date of the reservation, we will refund 50% of the total amount of the reservation.
If the cancellation request is made less than 14 days before the date of arrival, NOCNOC does not refund the amount of the reservation.
For customers who have booked via the booking.com platform:
The total amount of the reservation can be refunded if the cancellation is made at least 30 days before the date of arrival.
If the date of arrival is less than 30 days before, no refund will be made.
This policy is not applicable in case of force majeure: epidemics, terrorist attacks...
Regarding the additional services selected at the time of booking: no cancellation made after the above-mentioned deadlines will be taken into account by NOCNOC. The amount of the additional services reserved will remain payable.
5.2 Conditions for partial cancellation of the reservation: will be considered as partial cancellation of the reservation, any modification of the date, the length of stay, the type of Apartment or the place of stay of the reservation initially confirmed by NOCNOC.
Given the degressivity of NOCNOC's rates linked to the length of the stay, if the partial cancellation of the reservation corresponds to a change in the length of stay, this is likely to result in a change of rate.
If the length of stay is less than the one initially booked, NOCNOC reserves the right to refuse this change in length of stay and will charge the total amount confirmed at the time of booking.
In the case of a longer stay, the confirmation will be subject to the acceptance of NOCNOC and the change of rate will be applied from the date of announcement of the extension of the stay for the additional night(s). The rate change will not apply retroactively.
In addition to a rate change, any partial cancellation of the reservation may result in the payment of the following penalties:
If the partial cancellation of the reservation takes place before the arrival date, the cancellation will result in charges :
For the customers having booked on our site, on Airbnb or on booking.com :
If the cancellation request is made at least 5 days before the arrival date, NOCNOC will proceed to a full refund of the reservation.
To be taken into account, any cancellation (total or partial) must be notified:
Directly to NOCNOC by e-mail when the reservation has been made directly to NOCNOC :
To the third party reservation system used when booking the Apartment.
ARTICLE 6: ARRIVAL AND DEPARTURE
6.1 The keys will be handed over by the reception staff from 3 p.m. to 10 p.m. on the day of your arrival, subject to presentation of the credit card used for the reservation and a valid identity document in the same name as the one indicated on the credit card used for the reservation.
A supplement of 10 euros per hour will be charged for any handing over of keys by the reception staff after 10 pm. (22H = 10 euros / 23H = 20 euros etc ).
6.2 The keys are returned before 11:00 am on the day of your departure. Beyond this time, an additional night will be charged.
6.3 These times are given as an indication and may be different depending on particular events, NOCNOC undertakes to notify the customer as soon as possible.
ARTICLE 7: OCCUPATION
It is strictly forbidden to exceed the maximum number of authorized beds specified in your contract, under penalty of total withdrawal of the deposit. All children aged 5 years and over are considered as full persons and are counted in the occupation base of the Apartment. Apart from baby cots, NOCNOC informs you that it is not possible to add extra beds in the Apartments.
The rental is granted to the person declared at the time of reservation whose contact details and marital status NOCNOC holds. The occupant may not lend or sublet the Apartment to a third party for any reason whatsoever.
ARTICLE 8: MINORS
We draw your attention to the fact that our Apartments do not depend on a Holiday and Leisure Centre within the meaning of decree no. 2002-883 dated 3 May 2002, and are not suitable for group or individual stays outside the family home of minors under 18 years of age, not accompanied by their legal guardians. NOCNOC reserves the right to refuse access to the Apartment which would have been reserved in disregard of this prescription to the benefit of minors under 18 years of age unaccompanied by their legal guardians who present themselves at the reception of the Apartments, and to proceed to the immediate cancellation of the stay. Under the same conditions, NOCNOC may cancel the reservation at any time before the beginning of the stay if it discovers that the Apartment is intended to accommodate minors under 18 years of age not accompanied by their legal guardians. Cancellations will not give rise to any reimbursement of the fees previously collected by NOCNOC.
Child policy: Accommodation is free for children under 2 years of age staying in their parents' Apartment, this must be mentioned at the time of booking. Baby cots can be reserved in advance by sending a message to your host.
ARTICLE 9: PERSONAL DATA
When booking a stay in one of NOCNOC's Apartments, the data collected is processed by NOCNOC. This personal data is necessary to create and validate the reservation and may be used to get to know the client better and to send him/her information about NOCNOC products and services. In the absence of information, NOCNOC will not be able to register a reservation.
The data is intended for NOCNOC and its service providers. The data may be transferred to entities established outside the European Union in order to manage your reservation, to follow up your file within the framework of pre-contractual measures or on the basis of an authorization from the CNIL.
NOCNOC implements a treatment, for which it is responsible, of the data concerning you for purposes of commercial management of its reservations and its customers, invoicing and payment, prospecting and promotion/commercial animation, commercial statistics and satisfaction surveys.
You have a right of access, query, rectification, opposition to NOCNOC and the right to define guidelines for the processing of your data after your death that you can exercise using the single address: email@example.com or by sending a letter to :
Service de gestion des données personnelles, NOCNOC, 2 rue de la République, 13001 Marseille - France
Concerning telephone canvassing, you have a specific right of opposition by registering on the BLOCTEL list ( www.bloctel.gouv.fr ).
ARTICLE 10 : SPECIAL OFFERS
NOCNOC advantages, discounts and special offers are only applicable to reservations made within NOCNOC Apartments and cannot be combined with other types of offers.
ARTICLE 11: INTERNAL REGULATIONS
An internal regulation can be consulted in each apartment.
Each occupant is presumed to have validly read them. The occupant undertakes to keep the movable property placed at his/her disposal in the Apartment in good general condition and must declare any defect or malfunction to the reception desk.
We invite you to take certain precautions to avoid possible inconvenience: close your bay windows and any shutters before leaving your Apartment, check that you have slammed the door of the Apartment. We remind you that NOCNOC cannot be held responsible for any personal belongings left inside your Apartment when you leave the premises.
NOCNOC reserves the right to enter the apartments to carry out housework, to check the general state and to enforce security conditions.
Animals are not accepted in the Apartments.
The Apartments offer Wi-fi access to allow guests to connect to the internet. The Customer agrees that the computer resources made available to him/her by NOCNOC shall not be used in any way for the purpose of reproduction, representation, making available or communication to the public of works or objects protected by copyright or related rights, 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 when such authorization is required. The Customer is required to comply with the security policy of the Apartments' Internet service provider, including the rules for the use of security measures implemented to prevent the illicit use of computer resources [or other name used in the company's IT charter], and to refrain from any act that would undermine the effectiveness of these measures. If the Customer does not comply with the aforementioned obligations, it may be accused of a counterfeiting offense (Article L.335-3 of the French Intellectual Property Code), punishable by a fine of 300,000 euros and three years imprisonment.
In the event of failure by the occupant to comply with the obligations incumbent upon it by virtue of the present contract, in particular failure to comply with the internal regulations, NOCNOC reserves the right to interrupt its stay and keep the sums already collected.
ARTICLE 12 : RESPONSIBILITY
12.1 We would like to bring to your attention the fact that renting a furnished residence is not the responsibility of the hotel owners. Consequently, NOCNOC cannot be held responsible in case of loss, theft or damage of personal belongings, both in the apartments and in the common areas.
12.2 The statute of limitations for sums due for services sold by NOCNOC does not fall within the scope of the hotel statute of limitations (article 2272 of the Civil Code). As an exception to Article 2244 of the Civil Code, the sending of an RAR letter by NOCNOC to any debtor customer interrupts the applicable statute of limitations.
ARTICLE 13: APPLICABLE REGULATIONS
13.1 The services of NOCNOC and the GCS are governed by French law, without prejudice to the law applicable by virtue of the provisions of private international law. The same applies to the rules of substance as well as to the rules of form.
13.2 The occupant may not avail himself or herself of the legal provisions applicable to residential leases, in particular with respect to the maintenance of the premises. The occupant undertakes not to elect domicile at the address of the establishment, neither fiscally nor professionally, nor to lend, sublet, for any reason whatsoever, the Apartment to a third party.
13.3 In application of the regulations in force, the client may be asked to fill out a policy form upon arrival at the Apartments. In order to do so, the client will be asked to present valid identification in order to verify whether or not to complete the policy form.
ARTICLE 14: AFTER-SALES SERVICE
Our teams are at your disposal during your stay to respond to your complaints, resolve any malfunctions observed and allow you to fully enjoy your stay. Please contact them for any request.
Any complaint, after your stay, can be the subject of a complaint:
- a letter sent, by registered letter with acknowledgement of receipt, to NOCNOC - Customer Relations Service, 4 rue Commandant Dubois, Lyon.
- by sending an e-mail to the following address: firstname.lastname@example.org
within 2 (two) months after the end of your stay, so that we can reply as soon as possible. We would like to draw your attention to the fact that the longer you delay in sending us your complaints, the more likely we are to have difficulty in settling your request in your best interests. We would be grateful if you could specify in your letter the name of the person who booked the stay, the number of the reservation, the place and dates of your stay as well as the type of apartment or room reserved in order to facilitate the processing of your file. Similarly, we thank you to attach to your mail all supporting documents that will allow us to limit the time for processing your claim.
ARTICLE 15 : ACCOMMODATION
In the event of an exceptional event or impossibilité́ to put the reserved Apartment at your disposal or in case of force majeure, NOCNOC may offer you a relocation, for all or part of the duration of your stay, in an Aparthotel of equivalent category, for services of the same nature and subject to your prior agreement.
For bookings made on our website or on AIrbnb, any additional cost will be charged to NOCNOC.
For bookings made on booking.com, dislocation and additional costs will be handled directly by their services and cannot be invoked against NOCNOC.
ARTICLE 16: OPPOSABILITY OF THE GVC'S
The registration to one of our stays implies the acceptance of our GTC. To know the applicable conditions (and in particular the conditions of reservation, payment, modification and cancellation), please consult the conditions online at www.nocnoc.fr.
The said GTC apply throughout the duration of their posting on the site and may be modified and/or supplemented at any time by NOCNOC. In this case, the new version of the special conditions of sale by internet will be put online by NOCNOC.
As soon as the new version of the special conditions of sale by internet is put online on the website, the new version of the special conditions of sale by internet will automatically apply for all customers.
The reservation of a stay with NOCNOC implies the acceptance of the present GCS.
Any reservation by the website www.nocnoc.fr or by the mobile services supposes the consultation and the complete and unreserved acceptance of the GCS and of the conditions of sale of the reserved tariff. The agreement of the client concerning the GCS and the conditions of sale of the reserved tariff is made at the time of the reservation; no reservation is possible without this agreement. The customer has the option to save and edit the GTC using the standard functions of his browser or computer.
In the event that the GCS are in contradiction with the particular conditions of a tariff (public tariffs that cannot be modified, non-refundable) or a contract (Company, Leisure, etc. contracts), the latter will prevail.
ARTICLE 17: REPRODUCTION OF THE ARTICLES OF THE TOURISM CODE
Our general conditions of sale are in accordance with the provisions of article R.211-12 of the Tourism Code. In order to respect the legal provisions, we reproduce the articles. R.211-3 to R.211-11 of the said Code.
Art. R.211-3 - Subject to the exclusions meet the rules defined by the present one or several tickets for the whole passage provided for in the third and fourth section paragraphs. In case of sale of tickets for the trip, issued by the carrier or under its Article L.211-7, any offer and sale of air or liability line tickets. In the case of transport to the services of trips or stays give regular not accompanied by services related request, the name and address of the carrier, place to the delivery of appropriate documents that to these transports, the seller delivers to the buyer on whose behalf the tickets are issued,must be mentioned. Separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations made to him by the regulatory provisions of this section.
Art. R.211-3-1 - The exchange of pre-contractual information or the provision of contractual conditions is made in writing. They may be made by electronic means under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. Are mentioned the name or the corporate name and address of the seller as well as the indication of its registration in the register provided for in a) of article L.141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of article R.211-2.
Art. R.211-4 - Prior to the conclusion of the contract, the seller must communicate to the consumer information on the prices, dates and other elements constituting the services provided on the occasion of the trip or stay such as :
the destination, means, characteristics and categories of transport used;
the type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country;
4. the description of the itinerary in the case of a tour;
the administrative and health formalities to be completed by nationals or nationals of another Member State of the European Union or of a State party to the Agreement on the European Economic Area, particularly in the event of border crossings, and the time limits for their completion;
7. the minimum or maximum size of the group for the trip or stay and, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date may not be less than 21 days before departure;
the amount or percentage of the price to be paid as a deposit on conclusion of the contract and the timetable for payment of the balance ;
the methods of price revision as provided for in the contract in application of article R.211-8 ;
the conditions of cancellation of a contractual nature;
the cancellation conditions defined in articles R.211-9, R.211-10 and R.211-11;
information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; 13. When the contract includes air transport services, the information, for each flight section, provided for in Articles R.211-15 to R.211-18.
Art. R.211-5 - The preliminary information made to the consumer engages the salesman, unless in this one the salesman did not reserve expressly the right to modify certain elements of it. The seller must, in this case, clearly indicate to what extent this modification can intervene and on which elements. In any event, the modifications made to the prior information must be communicated to the consumer before the conclusion of the contract.
Art. R.211-6 - The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded by electronic means, it is applies articles 1369-1 to 1369-11 of the Civil Code. The contract must include the following clauses :
the name and address of the seller, his guarantor and his insurer as well as the name and address of the organizer ;
the destination or destinations of the trip and, in the case of a split trip, the different periods and their dates ;
the means, characteristics and categories of transport used, the dates and places of departure and return;
the type of accommodation, its location, level of comfort and main characteristics and its tourist classification under the regulations or customs of the host country ;
the catering services offered;
the itinerary in the case of a tour;
the visits, excursions or other services included in the total price of the trip or stay; 8. the total price of the services invoiced as well as an indication of any possible revision of this invoicing by virtue of the provisions of Article R.211-8 ;
the indication, if applicable, of the fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the service(s) provided;
the schedule and terms of payment of the price; the last payment made by the purchaser may not be less than 30% of the price of the trip or stay and must be made upon delivery of the documents enabling the trip or stay to be carried out;
the special conditions requested by the buyer and accepted by the seller;
the terms and conditions under which the buyer may submit a complaint to the seller for non-performance or poor performance of the contract, which complaint must be sent as soon as possible, by any means allowing an acknowledgement of receipt to be obtained from the seller, and, where appropriate, notified in writing to the tour operator and the service provider concerned;
the deadline for informing the buyer in the event of cancellation of the trip or stay by the seller if the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of article R.211-4 ;
the conditions of cancellation of a contractual nature ;
the cancellation conditions provided for in articles R.211-9, R.211-10 and R.211-11;
the details concerning the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller's professional civil liability ;
information concerning the insurance policy covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as information concerning the assistance policy covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;
the deadline for informing the seller in the event of assignment of the contract by the buyer;
the commitment to provide the buyer, at least ten days before the date of departure, with the following information:
a) the name, address and telephone number of the Seller's local representation or, failing that, the names, addresses and telephone numbers of local organisations likely to assist the consumer in the event of difficulties or, failing that, the telephone number for urgent contact with the Seller ;
(b) in the case of travel and stays abroad by minors, a telephone number and address enabling direct contact to be established with the child or the person in charge of the child's stay in the country;
The clause of cancellation and reimbursement without penalties of the sums paid by the seller to the seller.
the purchaser in the event of non-compliance with the obligation of information provided for in 13° of article R.211- 4;
The commitment to provide the purchaser, in due time before the beginning of the trip or stay, with the departure and arrival times.
Art. R.211-7 - The purchaser may assign his contract to an assignee who fulfills the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect. Unless a more favorable stipulation is made to the assignor, the latter is bound to inform the vendor of his decision by any means allowing him to obtain an acknowledgement of receipt at the latest seven days before the beginning of the trip. In the case of a cruise, this period is extended to fifteen days. Under no circumstances is this transfer subject to prior authorization by the seller.