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RENTAL POLICIES
TERMS OF USE
 

 


 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:

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. The section headings and titles in this Policy are for convenience only and have no legal or contractual effect.
  2. 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.

 

  1. 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:

  1.       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 ).
     

  2.       You may cancel your booking in writing exclusively  - fax or email - before you sign the lease agreement at the cost of forfeiting your deposit.
     

  3.       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.
     

  4.       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:

     

    1. 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.
    2. 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.
       
    3. 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.
       
    4. 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.
       
    5. 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.
       
    6. During your stay, please empty your trash and do not move furniture around.
       
    7. 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.

 

  1. Scheduled appointments to deliver the property and the keys when the service is specifically not included  in your contract : EUR 60
  2. 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.
  3. 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.
  4. Check out time: before 10 AM
  5. 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.
  6. Cancellation fee of lease contract if a replacement is found at same rate (not guaranteed):  EUR 150 - otherwise full amount of rental is due.
  7. Moving furniture around penalty : EUR 150 + damages if they occured
  8. Assistance at the property when required by tenant and not caused by a faulty device, lock or appliance: See Local Basic Assistance Rider.
  9. Assistance over the phone outside business hours:  See Local Basic Assistance Rider.
  10. Assistance to open the door in case of loss of keys:   See Local Basic Assistance Rider.
  11. 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.
  12. 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.
  13. 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
  14. 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 APPLIANCE
during 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