The purpose of these terms and conditions of sale and use (hereinafter referred to as “CGVU”) is to describe the terms and conditions of sale of the services of Keys&Fly (hereinafter referred to as “Keys&Fly”), on its website, https://www.keysandfly.com/, (hereinafter referred to as the “site”), and its customers (hereinafter referred to as “users” or “customers”).
These CGVU may be modified by Keys&Fly, which will inform its customers as soon as possible.
Keys&Fly accompanies private owners of primary or secondary residences, wishing to increase their income by renting their vacant home, by offering associated services.
ARTICLE 1. SERVICE
Keys&Fly offers its clients a profitable management of their residence during their absence by providing services before and during the rental.
1.1. Services provided by Keys&Fly prior to leasing
1.1.1. Establishment of a Tenant Villa User Guide
In order to facilitate the smooth running of the Keys&Fly rental will realize, prior to the rental of the property of its customers, a guide of use of their villa.
1.1.2. Managing Ads on Collaborative Platforms
Keys&Fly provides ad distribution on behalf of its clients on short-term rental relationship platforms, including:
• Taking a photo of the residence to advertise on broadcast sites;
• Support for access and procedures at the contact sites;
• The development of advertisements on the contact sites.
1.1.3. Travel financing through rental income
Keys&Fly, in collaboration with its tour partners, offers its customers the opportunity to travel to the most beautiful destinations in the world at a much reduced cost, even if it makes money in addition to the voyage, thanks to rental income.
Keys&Fly customers entrust their home to our company in order to generate and maximize these rental revenues in a transparent and secure way for them.
1.2. Services provided by Keys&Fly during leasing
1.2.1. Managing your tenants’ arrivals and departures
Keys&Fly supports your tenants’ access to the residence as well as key management (digital or physical keys).
1.2.2. Support 7/7 days
During the absence of its clients Keys&Fly insures, 7 days a week:
• Telephone support for its clients and their tenants;
• Maintaining your residence;
• The intervention of a craftsman in case of a problem on their villa.
This way, Keys&Fly customers are guaranteed to be able to enjoy their holidays without being disturbed.
ARTICLE 2. BECOMING A KEYS&FLY CUSTOMER
2.1. Creating an account
To access the services offered by Keys&Fly, customers must create an account on the site, filling in the requested information.
In order to create an account on the site, customers will have read these terms and conditions, as well as the site’s privacy policies and have accepted them.
2.2. Making contact
Once the registration on the site has been completed, customers will be contacted by Keys&Fly in order to define the methods of performance of the services.
ARTICLE 3. PRICE
Keys&Fly levies, in respect of its services, a basic percentage of 24% excluding tax on the rental income that its customers will collect, which may be increased according to the options they have, before or during the performance of the contract, chosen.
If a customer chooses the travel option, Keys&Fly will pay a “travel advance” to the tour operator on behalf of that customer.
This “travel advance” is equal to the lesser of the tour operator’s stated cost of the voyage and the rental value of the client’s property. This rental value is then defined as the sum of the amount displayed of the nights reserved for the customer’s residence on the rental platform at the time of booking the voyage.
Upon his return from this voyage the customer is invoiced by Keys&Fly for the amount of his services plus this travel advance.
ARTICLE 4. OBLIGATIONS OF THE CUSTOMER
Keys&Fly’s customers must guarantee the accuracy of the information they give in the context of the performance of the contract, in particular on the fact that they are the owners of the goods they wish to lease;
Keys&Fly’s customers guarantee that they are insured with their rental insurance company;
Keys&Fly accompanies its customers in the rental of their goods on their behalf, and likewise (if the travel option has been chosen) accompanies them in the selection and elaboration of their voyages also on their behalf. This implies that Keys&Fly’s customers undertake to be aware of the terms and conditions relating to the rental platform chosen, as well as those of the selected tour operator, and to submit to them (in particular concerning cancellation and date modification issues).
ARTICLE 5. LIMITATION OF LIABILITY
Customers of Keys&Fly acknowledge that the company is only bound by an obligation of means, so it cannot be held responsible for the breaches of its service providers.
Keys&Fly carefully chooses its subcontractors, but it cannot be held responsible for the latter’s failures for services it has ordered on behalf of its clients.
Keys&Fly cannot be held responsible in case of deterioration of the property by the tenants, it is the customer’s responsibility to make all necessary arrangements with his home insurance.
Keys&Fly’s customers are solely responsible for the use of the website service, therefore Keys&Fly’s customers undertake to provide sincere information and the necessary documents for the performance of the service.
Customers of Keys&Fly are solely responsible for the consequences of fraudulent use of their account, which is why customers of Keys&Fly are required to keep their login and password secret.
ARTICLE 6. FORCE MAJEURE
Keys&Fly cannot be held liable if the non-performance or delay in the performance of one of its obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
Keys&Fly will inform its clients shortly of its inability to perform its service.
The suspension of the obligations may in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages and interest or penalty of delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary.
ARTICLE 7. INTELLECTUAL PROPERTY
Keys&Fly owns the European brand “Keys&Fly” #: 17772369.
Any total or partial reproduction of the mark or any use without the prior consent of Keys&Fly are strictly prohibited.
Keys&Fly remains the owner of all texts, illustrations and artworks reproduced or represented on the site.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or more restrictive provisions of the Intellectual Property Code is permitted.
Any reproduction or partial representation of the site or all or part of the elements on the site is strictly prohibited.
ARTICLE 8. APPLICABLE LAW
All disputes relating to the performance of the service or interpretations of these GCVU are subject to French law.
All disputes to which this contract and the agreements resulting therefrom may give rise, concerning their validity, their interpretation, their performance, their resolution, their consequences and their consequences will be submitted to the Commercial Court of GRASSE.