General conditions for
the supply of Guest Services by Anatole SAS
1. Anatole SAS
1.1 Anatole SAS (“we”) is a French société par action simplifiée with a capital of €7,500 euros, duly registered at the Paris registre du commerce et des sociétés under the number 793.871.955 and having its headquarters 2, rue de la Roquette 75011 Paris.
1.2 Anatole SAS is a corporate member of the onefinestay Club (the “Club”) and a “Guest Services Supplier” as described in the Club rules which you confirm having received. Anatole SAS is allowed to provide guest services to members of the Club (the “Guests”). These services are provided to the Guest staying in properties owned by other members of the Club (the “Hosts”).
2. Scope of the agreement
2.1 Upon booking of a Host’s property, you are considered as a Guest.
2.2 Under the Club rules, a Guest must select a Guest Services Supplier: Anatole SAS is the Guest Services Supplier that you have chosen.
2.3 Anatole SAS will therefore provide you with the services set out below, in accordance with (i) the following terms and conditions and (ii) the Club rules, to which you have agreed.
2.4 From time to time, these terms may be adapted. In such event, Anatole SAS will email you a copy of the revised terms. If you do not accept the revised terms you will be entitled to terminate the agreement.
3. Services provided by Anatole SAS
3.1 According to the Club rules, some services are included within the total price quoted in the preliminary invoice you will receive at the time of the booking (“Included Services”) without the possibility for you to opt-out of them; you can also ask for other services that will be provided, upon request and depending on availability, at an additional charge (“Additional Services”).
3.2 Included Services are:
- Welcome to the Property and key delivery;
- Cleaning of the Property before your stay;
- Housekeeping (changing of linens);
- Helpdesk services for inquiries regarding the Property;
- Check-out and collection of keys.
3.3 Additional Services are :
- Concierge services (advice on the area, booking of events, etc.);
- Equipment hire (audio visual equipment, tablets etc.);
- Cleaning of the Property during the stay;
- Food ordering;
- Any other services requested by a Guest, subject to our prior approval.
4.1 The price of Included Services is included in the preliminary invoice you will receive at the time of the booking; the price of Additional Services requested at the time of the booking may also be included in the preliminary invoice.
4.2 Expenses referred to in the preliminary invoice will be collected on our behalf by your Guest Reservation Supplier at the same time as the accommodation fees.
4.3 As per Additional Services requested during a stay, Anatole SAS is entitled to ask for advance payment and/or to instruct your Guest Reservation Supplier to pre-authorize your credit or debit card to cover the anticipated costs of such Additional Services.
4.4 Payments for Included Services and/or Additional Services can be collected by Anatole SAS either directly from you or from your Guest Reservation Supplier.
4.5 You will receive a final invoice at the end your stay, which will include all charges incurred for Included and Additional Services.
4.6 You will not be entitled to withhold by way of set-off, deduction or counterclaim any amount which you owe to us, against any amount that may be owed by you.
5. Third party services
5.1 Additional Services may include booking services from third party suppliers (e.g. tickets for events you wish to attend (theatre, music or sporting event), restaurant bookings or other goods or services ordered through our concierge service). Airport transfers, food orders, affiliate memberships and nanny or babysitting services are also supplied by third parties.
5.2 Anatole SAS offers a general concierge helpline which may be able to assist with specific requests and may also be your first point of call for booking restaurants, events, refrigerator stocking, equipment etc. during your stay.
5.3 Anatole SAS will try its reasonable efforts to secure third party services you may ask for but cannot guarantee their availability.
5.4 Any booking arranged for you by Anatole SAS with a third party will be subject to that party’s terms and conditions of business; payment of third party services will be at your own charge. Anatole SAS may agree to pay the according fees on your behalf.
6. Equipment rental
6.1 Equipment is subject to availability.
6.2 If you ask Anatole SAS for equipment and if such equipment is available, Anatole SAS may charge, or direct your Guest Reservation Supplier to pre-authorize your credit or debit card for an amount to cover the cost of any damage that might happen to the equipment.
6.3 Except otherwise stated, you will leave rented equipment at the property when you leave.
6.4 Equipment must be returned in the same state in which it has been supplied to you. You will be liable for the costs of any damage to rented equipment.
6.5 If no amount has been charged at the time of the rental, and if the equipment has been damaged, Anatole SAS is entitled to charge you the cost of any damage to the equipment, either directly or by instructing your Guest Reservation Supplier to pre-authorize your credit or debit card to cover such cost.
7.1 Anatole SAS only provides you with the services listed above.
7.2 Therefore, Anatole SAS shall not be liable for any of the following subjects:
- any difficulties related to the Host property and/or the booking and/or the rental agreement;
- provision of goods or services by third parties;
- unavailability of Additional Services during your stay;
- delay or any failure to perform, if the delay or failure was due to any cause beyond Anatole SAS reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances;
- consequences arising from the use of rented equipment;
- consequences arising from third party services.
7.3 Anatole SAS liability will be limited to the higher amount between either (a) the replacement cost of the litigious service or (b) the price already paid for Anatole SAS litigious service (excluding for the avoidance of doubt any accommodation fees payable to the Host or fees payable to the Club or any other service provider).
You are entitled to terminate the agreement, without prior notice. However, the present terms will continue to apply to any bookings that you have made prior to such termination.
Anatole SAS is entitled to assign or sub-contract its obligations under this agreement.
Capitalized terms which are not defined herein shall have the meaning set forth in the Club rules.
These terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
If any provision is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, the provision shall apply with such deletions as may be necessary to make it valid. If any provision is held not to be valid, the remaining provisions shall remain in full force and effect and shall be enforced in such manner as carries out as closely as possible the intent of the parties hereto.
8.5 Relations between the parties:
Anatole SAS is a service supplier.
It cannot not be considered as your agent, employee or partner. No partnership, joint venture, association, alliance, or other fiduciary, employee/employer, principal/agent or other relationship other than that of independent contractor shall be created by this agreement, express or implied.
If Anatole SAS has to engage an attorney to enforce the terms and conditions of this agreement or to collect any amounts due, you shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with such enforcement.
Failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.
8.7 Applicable law and jurisdiction:
This agreement is governed by and construed in accordance with laws of France and subject to the jurisdiction of the applicable Court of Paris.