1. ACCEPTANCE OF TERMS
OF USE OF OUR SERVICES
The present Terms of Use (“Policies”) apply to your access to and use
of USAParis.com – Imarketers.net, Inc.’s (“Imarketers.net, Inc.”) website at
www.USAParis.com (the "Site") and the vacation rental service (the
"Service"). The Site, the Service, and any other services
Imarketers.net, Inc. ("The Company") provides on the Site are hereby referred to collectively
as the "Services."
Please read this document carefully. The Services are available to you
provided you accept and abide by the policies herein described:
- By
accessing or using the Services, you consent to receiving electronic
communications from Imarketers.net, Inc. These communications may
include notices about your account and information concerning or related
to the Services.
- You
agree that any notices, agreements, disclosures, or other communications
that Imarketers.net, Inc. sends to you electronically will satisfy any
legal communication requirements, including any requirement that
communications be in writing.
-
Any provision of this Policy that is found to be invalid,
unlawful, or unenforceable will be severed from this Policy, and the
remaining provisions of this Policy will continue to be in full force
and effect.
- The
section headings and titles in this Policy are for convenience only and have
no legal or contractual effect.
- This
Policy is governed by the laws of the States of Delaware and Florida, USA,
excluding conflicts of law principles. As such, the rental contract is
governed by the laws of the State in which the property is located. The non-payment of rents, deposits and other accessories that are to be done
at the registered Office of the Company are ruled by the laws of
the State of Florida or by the State of permanent residence of the debtor,
the choice belonging to the Company. Any controversy or claim
arising out of or relating to the Services or this Policy must be commenced
within 3 months after the claim arose and will be settled by binding
arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association.
- This
Policy, including all terms of service of use and guidelines referenced
in it, is the entire understanding between you and The Company concerning the Services.
If you do not agree to abide by any provision of this document, you
should not access or use the Services and notify us immediately in writing.
2. UPDATES TO TERMS OF USE
Imarketers.net,
Inc. reserves the right, without notice and in its sole discretion, to change,
discontinue or terminate any of the Services at any time by posting new Terms
of Use on the Site. When it does, it will revise the "last updated"
date on the policy. You are advised to check from time to time the following
URL: http://www.usaparis.com/policies.htm.
Your continued use of the Site or of the Service after we post such
changes, or your failure to notify us of any possible disagreement,
constitute that you agree to such changes.
3. GENERAL INFORMATION
USAParis.com - Imarketers.net, Inc. is a U.S. corporation registered
in the States of Delaware and Florida with a valid business license delivered
by the Palm Beach County Tax Collector and with their office situated at 952
Lake Wyman Road, in Boca Raton, FL, USA.
Business hours are obtainable by calling our toll free number:
1-877-21PARIS. 1- 877-217-2747
Imarketers.net, Inc. a Vacation Rental Management Company, represents
the Owners of the vacation rental properties that are listed on the
USAParis.com website.
As such, the booking and
rental contract are following the common rules of furnished rentals,
including the obligation for the Landlord to provide the Property and for
the Tenant to pay the rent, a security deposit and to take good care of the
Property that is placed under his legal responsibility. Various insurances
are offered to Tenants to cover all risks involved. Ask for advice.
4.
CANCELLATIONS:
Once your booking is taken and you made your down payment,
you are irrevocably committed to rent the Property and pay the rent and
accessories.
Reciprocally, the LANDLORD is committed to rent the property irrevocably to
you
in the same fashion.
For credit card and electronic payments: sales are final and non
refundable.
The
lease contract must be signed and returned within 48 hours after you receive
it – and is sent typically within 5 business days of your booking.
If you fail to send back the lease, or to notify your acceptation by email
or by fax within above period of time, we have the right to cancel your
booking and apply a penalty fee as per Schedule 1, without further notice.
The following restrictive exceptions apply to our NO
CANCELLATION policy:
-
You may cancel your
booking in writing exclusively - fax or email - with a cancellation fee
of $99, the same day of your down payment - before 12 AM US Eastern Time - if you do not agree
with any of the terms of the rental contract, policies, and/or our local
assistance rider, provided you indicate in writing the specific reason(s) ( “I
don’t like your Rental Policies” is not a specific reason, it's too general ).
-
You
may cancel your booking in writing exclusively
- fax or email -
before you sign the lease agreement at the cost of forfeiting your deposit.
-
We offer various Vacation Rental Insurances that
cover last minute cancellations, INCLUDING SELF-DECIDED CANCELLATIONS, as
well as for medical and family emergencies or flight cancellations due to bad
weather conditions and other risks. If you chose not to subscribe this type
of insurance, then you will have to bear all financial consequences without
any possible recourse against the Landlord or our Company.
-
As a courtesy only, but with no further
commitment, if a Tenant wants to cancel, he may be refunded partially if a replacement
can be found for his rental, i.e., another tenant taking the same dates at
the same rate or higher. Tenant will be liable for a cancellation fee as per
Schedule 1. The replacement must be at the same rate and for the same number
of nights. Any difference will be charged to Tenant in addition to the
cancellation fee. Replacements are not
guaranteed under no circumstances.
If the replacement is offered at a lower rate than the one paid by Tenant,
Imarketers.net, Inc. will ask for approval of the replacement for the Tenant,
and the balance will be deducted from the Tenant's refundable balance. If
Tenant rejects the offer and no further replacement opportunity exists,
Tenant agrees that he will lose the whole amount of his rental.
LOCAL
ASSISTANCE
We provide a basic local assistance that is included in your rental
cost as defined in a separate rider.
See http://www.usaparis.com/rider.htm
RENTAL GUARANTEE
Each of our properties listed on VRBO.com benefits from the VRBO FREE guarantee, provided you take
the necessary steps to apply. Feel
free to ask or see: http://guarantee.homeaway.com/
TERMS OF USE OF OUR LISTED PROPERTIES:
-
Your rental contract is a private rental as opposed
to a commercial transaction, i.e., like renting a hotel room. A
blank template is accessible at
http://www.usaparis.com/lease.htm. Please review the rental contract
carefully before finalizing your booking, as
you are assumed to have read
and understood the entirety of the above rental contract prior to
making any down payment or commitment to rent.
-
You are also assumed to have
read and understood the local assistance rider (http://www.usaparis.com/rider.htm
) defining the conditions of our Service and to
accept to abide by these conditions when requesting our assistance.
-
You are advised to contact
your insurance company to seek coverage for risks involved in private
vacation rentals, specifically, and traveling to Europe, in general.
-
Your vacation accommodations will be cleaned to quality standards prior
to your arrival and after your departure, and you will be responsible
for taking good care of it while you are there and for leaving it
in good condition at check-out. If the apartment is left in poor
condition and needs an extra cleaning, you may incur an extra charge.
-
Paper-towels and cleaning products are provided as a courtesy and in
minimal quantity. If you check in before or after regular hours
of operation of our Local Assistance, make
sure that you bring these items with you.
-
During your stay, please empty your trash
and do not move furniture around.
-
Please respect the neighbors of the building
or surrounding houses, and when
checking in, try to avoid any unsolicited communication, contact
or disturbance. A penalty may
apply if the occupancy of the Tenants causes neighbors to complain about
them.
CLAIMS AND REFUNDS
1. Partial refunds for inconveniences must be submitted and
agreed upon in writing, exclusively, to be acceptable by the Company.
2.
Refunds
are processed within 30 business days and checks are mailed no later than 10
business days after the refund is processed and accepted. However, if the
case is complex and needs investigation and/or researches, the processing
time may be extended to the reasonable time needed for the additional actions
to be taken.
3. REFUNDS MAY APPLY ONLY WITH
THE PRIOR WRITTEN CONSENT OF THE
LANDLORD. The "Company" declines any liability in case the LANDLORD rejects
the refund request.
4.
If there is a technical or legal impossibility to deliver the property prior
to or upon the tenant's arrival, the tenant is entitled to a full refund.
Requests for additional indemnities such as costs of taxis and refunds based
on costs of hotels are not acceptable.
5. Proven malfunctions of appliances are refundable strictly within
the limits defined
in Schedule 1
6.
Cleaning
related issues are not deemed major issues and are resolved exclusively by
sending the cleaning team again.
7.
If there is a major technical problem at the property that cannot be
fixed immediately and the tenant chooses to stay, he will be entitled to a
partial refund only, that needs to be agreed upon in writing BEFORE he decides
to stay, or else he may lose all his rights to obtain such partial refund.
GENERAL DISCLAIMER CONCERNING
CLAIMS
1. Before submitting a
claim, you need to read carefully the present Terms of Use and Policies,
your lease contract and the local assistance rider, because these documents
are defining the nature and limits of the commitments of the Company, and/or
of the Landlord that is represented towards you. .
2. No refund will be processed
without a written request, detailing the circumstances, and without a
written acceptation by us.
Please ask for the special form that will expedite the process after you
fill it and send it back to us. Phone or verbal agreements or just
conversations with employees or sub-contractors of the Company
are deemed irrelevant, and of no commitment whatsoever.
NON ACCEPTABLE CLAIMS
In addition to the above
conditions, non-acceptable claims are typically the followings :
a.
If, for any reason, you cannot check in during the hours of Schedule 1,
you may need to find another accommodation for your first night, at your own
expenses. We accept no claim or liability for late check-ins.
b.
Miscommunications
with our Local Assistance, when you do not have a cellphone to be contacted,
or you call outside the business hours, or you are unreachable, and all subsequent and/or related issues. Our Local Assistance uses
voicemail and returns calls, and sometimes needs to contact you urgently for
immediate issues.
c.
Properties are rented AS IS. Claims based on assumptions
or personal opinions are not acceptable. It is your sole responsibility to make sure that the Property you want to
rent fits to your own standards and lifestyle.
Please check the equipments, furniture,
appliances, characteristics and rating of each property, and the type of
area where they are located. Seek advice
before making a choice. Ask for clarifications in writing if the description is not
detailed enough. Ask for name and
contact of previous guests to hear their feedbacks. Requests to add
equipments not listed on the property webpage may result in an additional
charge, in which case the Local Assistance Agent will notify the charge and
ask for your agreement.
d.
Claims
based on unreturned service calls to our Local Assistance after business
hours are generally not acceptable. See Local Assistance Rider on how
to deal with these situations.
e. Claims based on
variations of rates.
Rates
are subject to change without notice, but the rate quoted becomes
definitive once it is accepted by you. If a promotion
with a lower rate is occurring ofr
the same property or similar after your acceptation of our quote/offer by
email, or after your down payment, you are not entitled to claim for the
difference, just like we are not entitled to increase our rate during the
time of the binding offer or booking.
f.
DISCLAIMER FOR LATE ARRIVALS
Late arrivals are at the own risk and under the sole responsibility of
Customers/Tenants Late arrival Customers/Tenants are encouraged to secure
alternate accommodations or backup solutions as we are likely not able to
assist them in case of difficulty during check-in.
Difficulties, inconveniences and dysfunctions occurring during a late
check-in are not eligible for refunds.
g. Disclaimer for courtesies
Claims related to courtesies or
services rendered at no fee for the Tenant, and all their consequences when
the service is not delivered, are not acceptable.
h.
FOR
PROPERTIES WITHOUT LOCKBOXES ONLY
When you need an appointment to access the Property, special conditions
apply and will be communicated to you in writing before your arrival. No
claim whatsoever will be acceptable if you fail to respect these
conditions.
LIMITATION OF RESPONSIBILITY
As mentioned previously, our Company is offering a vacation rental
insurance that covers most of the inconveniences, troubles and hazards that
may occur during the occupancy of the properties. It is highly recommended to
subscribe to such insurance, while you are hereby notified that The Company is acting as representatives of the Owners of the Properties,
and not as Owners themselves. Therefore the responsibility of The Company
towards customers is strictly limited to the indemnification effectively
obtained by us from the Owners in case the Owner fails to deliver the
property partially or totally, or in good condition, or in any other
circumstance that would create a hardship on the use of the property, a
personal damage, injury or loss to the Tenants/Customers.
ANNEX
SCHEDULE 1
– PENALTIES FOR BREACH OF AGREEMENT - COST OF EXTRA SERVICES IF ORDERED
PECIFICALLY BY CUSTOMER AND NOT INCLUDED IN BASIC LOCAL ASSISTANCE.
-
Scheduled
appointments to deliver the property and the keys when the service is
specifically not included in your contract : EUR 60
-
Late
arrival penalty due by tenant when
meet and greet service is required by him or when an appointment is
scheduled at the
property (most of our properties do not require an appointment and have
a lockbox situation instead): EUR 60 for the first hour + EUR 45/hour for
following, unless specified otherwise in writing.
This fee applies if tenant is late and does not call at least one hour before his
scheduled arrival to re-schedule.
-
CHECK
IN TIME AND PENALTIES: Check in time is 1 PM and after but not later
than 21.00 or 9 PM or earlier than 8 AM. If you arrive later, and
it results in a claim from the co-occupants of the building, a penalty
of EUR 150 may apply and be deducted from the Security Deposit.
-
Check
out time: before 10 AM
-
Late
Check out fee: unless stipulated differently in your lease agreement, EUR 100 for
the first hour and EUR 50 for each extra hour. This fee applies
automatically and will be deducted from tenant's security deposit.
-
Cancellation
fee of lease contract if a replacement is found at same rate (not
guaranteed): EUR 150 - otherwise full amount of rental is due.
-
Moving furniture around penalty :
EUR 150 + damages if they occured
-
Assistance
at the property when required by tenant and not caused by a faulty
device, lock or appliance: See Local Basic Assistance Rider.
-
Assistance
over the phone outside business hours: See Local Basic
Assistance Rider.
-
Assistance
to open the door in case of loss of keys: See Local
Basic Assistance Rider.
-
Loss
of keys or un-returned keys: EUR 150 per key minimum or replacement cost
according to locksmith invoice + EUR 100 penalty fee, unless specified
differently in lease agreement.
-
HIDDEN
DAMAGE PENALTY FEE: Minimum EUR 200 added to cost of repair notwithstanding indemnifications for
inconveniences to next tenants or indemnification for other consequences such
as loss of rents or lawsuits.
-
Penalty Fee deducted from your
deposit if you don't return or accept the lease in writing - email or
fax confirmation is acceptable - within 48 hours : $150
-
Do not
use U.S. appliances - even with adapters!!! Ask for advice because these
appliances may cause major damages to the electrical installation.
MINIMUM PENALTY FOR PLUGGING IN U.S. APPLIANCES INTO THE ELECTRICAL
INSTALLATION OF THE APARTMENT AND CREATING A BREAKDOWN OR DAMAGE: EUR 200
SCHEDULE 2 :
MAXIMUM
ALLOWANCES FOR REFUNDS DUE TO INCONVENIENCES
Claims for higher amounts are not actionable. The service must be part of
your rental agreement to be eligible for a refund. Please check the property
webpage to see which appliance and service is available and which one is not.
This will determine the eligibility of your claim.
NO INTERNET
CONNECTION during your whole stay: EUR 30 maximum refund
NO TELEPHONE
during your
whole stay: EUR 30 maximum refund
NO TV during your
whole stay : EUR 30 maximum refund
NO WASHER and/or DRYER
during your
whole stay: EUR 50 maximum - unless the linen was taken care of
by our crew
ANY OTHER APPLIANCEduring your
whole stay : EUR 10 maximum refund
OFF STREET PARKING
during your
whole stay : EUR 30 maximum refund
ANY OTHER AMENITY OR FACILITY OR INCONVENIENCE
during your
whole stay : EUR 50 maximum
LATE
CLEANING INDEMNITY: EUR 50 – EXCLUSIVELY AFTER CHECK-IN TIME MENTIONED ON
LEASE. No other situation (such as early arrival of Tenant) is deemed “Late
Cleaning”
The total of refunds for the above inconveniences added together cannot
exceed 10% of the rental amount.
June 30th, 2010 Revison
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