AGB: Allgemeine Geschäftsbedingungen

1. Terms:

These General Terms and Conditions (GTC) of GF Associés Sàrl apply to all bookings with or through www.escalea.com and www.escalea-newyork.com. It is recommended that you as the customer make a print out of the GTC valid at the time of booking. GF Associés Sàrl (hereafter “Our Company� or “We�) acts as facilitator for accommodation arranged by a third party (Owner). As a matter of consequence, GF Associés Sàrl acts as an “Intermediary� between the customer and the Owner. Any contract regarding such accommodation is directly concluded between the customer and the Owner. GF Associés Sàrl is not a contract party to such a contract but is entitled to a fee for its mediating activities. GF Associés Sàrl is not a real estate agency. We limit ourselves to advertising accommodation proposals from owners and publishing information to the customers according to their needs and preferences.


2. Contract between Customer and Owner (GF Associés Sàrl acts as intermediary) By sending an online request, an e-mail to or by calling GF Associés Sàrl, you are asking for an offer from a certain Owner. By requesting an offer, you accept the general terms and conditions of GF Associés Sàrl. Your request may then be accepted or refused by GF Associés Sàrl as facilitator of the Owner. GF Associés Sàrl acts as an Intermediary of third parties and you, as the customer, will conclude your contract(s) directly with the Owner. GF Associés Sàrl, as Intermediary, is not a party to the contracts with such Owners.


3. Booking Process and Rules

3.1 GF Associés Sàrl acting as Intermediary To facilitate reservations the customer and GF Associés Sàrl agree to the following rules which apply to the intermediary contract between the customer and GF Associés Sàrl:
• a. Internet pages: The content of the internet pages of GF Associés Sàrl do not represent an obligation on GF Associés Sàrl or on the Owners mentioned and may be subject to change.
• b. Reservations of services may be made on-line (on the Internet) only.
• c. Bookings:
• GF Associés Sàrl only accepts booking requests correctly filled in on our websites www.escalea.com or www.Escalea-Newyork.com. GF Associés Sàrl reserves the right to deny any booking request at any moment, proposing some alternatives solutions for the customer, if there is any possible. Each booking request the customer send us through our website is subject to a later agreement from GF Associés Sàrl.
• GF Associés Sàrl shall send an automatic e-mail informing the customer that we have well received its booking request. This automatic e-mail is not the final booking confirmation notice.
• The availability of the lodging is updated every day. Once we receive your booking request, we shall send a pre-reservation e-mail indicating whether the lodging chosen is available and the necessary information to proceed to the payment of the down-payment. If nevertheless the customer send a booking request and the chosen lodging is already booked, GF Associés Sàrl will immediately inform the customer by e-mail and/or by phone to propose some other alternatives, if possible.
• The booking becomes effective as soon as GF Associés Sàrl receives the due amount of the down-payment on our bank account (see 3.2 of the GTC). This payment can be processed by any mean of payment accepted under the present GTC (see 3.4 of the GTC).
• While making a booking, the customer agrees to conclude a contract according to the present General Terms and Conditions. From here, it will be called a client. A valid contract is made when www.escalea-Newyork.com, in the name of GF Associés SARL, send back a booking confirmation to the client by e-mai. This booking confirmation is the final acceptance of the customer’s booking request. • d. File handling fee: an electronic reservation via our websites www.escalea.com or www.escalea-Newyork.com involves handling fees corresponding to the down payment appearing on the different pages and forms of our websites. The exact amount is indicated in the respective booking process on the websites (www.escalea.com or www.escalea-Newyork.com). All booking fees will be clearly indicated to customers during the booking process.

3.2 Down Payment As soon as the customer receives a positive answer to its booking request, he has to proceed to the payment of the down payment in order to allow GF Associés Sàrl to book an accommodation on his behalf. As soon as GF Associés Sàrl receives the due amount of the down-payment on the company’s bank account, we will send the customer, the booking confirmation.

3.3 Prices All rates appearing on our websites are quoted in USD, but the customer may pay the first payment in US dolars, Euros or Swiss Francs. There is no VAT for our customers. After sending us a booking request the customer will be informed of the total price and the details of every amount he/she is paying for in the pre-reservation e-mail. If there have been changes in the price of the accommodation pre-booked, the customer will be duly informed in the pre-reservation e-mail and can freely refuse to proceed to the payment of the down payment. If he accepts the price modifications, he shall proceed to the payment of the down payment.

3.4 Methods of Payment The following payment methods are offered and accepted by GF Associés Sàrl:
3.4.1 Payment by Credit Card The customer indicates his credit card number and its expiry date after being asked in the pre-reservation e-mail in order to proceed to the payment of the down payment. The necessary information needs to be transmitted through our secured payment platform not later than 48 hours after reception by the customer of the pre-reservation e-mail. Prices and bookings can be guaranteed only when the payment is received within the above mentioned 48 hours. It is the customer’s responsibility to provide GF Associés Sàrl with a valid credit card (including the correct number and ensuring it is still in date) and with sufficient funds. If this is not provided, GF Associés Sàrl cannot guarantee either the price of the booking or the booking itself.
3.4.2 Other form of payment In some conditions and subject to the approval of GF Associés Sàrl, GF Associés Sàrl can offer other forms of payment (e-banking payment and payment by bank transfer). Statement of the payment confirmation must be sent by e-mail to GF Associés Sàrl within 48 hours after reception by the customer of the pre-reservation e-mail. Prices and bookings can be guaranteed only when the payment is received within the above mentioned 48 hours. GF Associés Sàrl will not be liable if payments are not transmitted correctly or are otherwise invalid.


4. Cancellation or Modifications Requested by the Customer Cancellation can only be made by informing GF Associés Sàrl by e-mail. If the customer cancels a confirmed booking less than sixty days prior the arrival date, we will apply a penalty of one hundred percent of the down payment amount. If the customer cancels a confirmed booking more than sixty days prior the arrival date, we will reimburse to the costumer his down payment amount less a fixed cancellation fee of 60 Euros. GF Associés Sàrl reserves the right to cancel any confirmed booking in cases of force majeure. In that case, we always advise the customer with prior return notice and reimburse one hundred percents of the amount of the down payment. In any case, we cannot be held liable for any further direct or indirect costs, including damages or lost profits consequently to this cancellation. GF Associés Sàrl reserves the right to cancel any confirmed booking. In that case, we always advise the customer with prior return notice and reimburse one hundred percents of the amount of the down payment. In any case, we cannot be held liable for any further direct or indirect costs, including damages or lost profits consequently to this cancellation. Any damage suffered as a consequence of a cancellation due to acts of the Owner can only be claimed to the Owner as provided by the contract between the Owner and the customer. If the customer wants to change the dates of its stay, GF Associés will try to offer the same apartment or another one for the new dates. Nevertheless, if no solution is found between the customer and GF Associés SARL, and that the change of dates is announced less than 60 days before arrival, the change of dates will be considered as a cancellation, and the down payment won’t be refunded.


5. Contract relationship with the Owners

5.1 Contract between the customer and the Owner Any contract regarding the accommodation arranged by GF Associés Sàrl is directly concluded between the customer and the Owner. GF Associés Sàrl is not a contract party to such a contract since it only acts as Intermediary.
IMPORTANT: If for any reason, the customer decides not to use the apartment, once arrived at it, this matter will only concern the customer and the owner. Regarding the down payment the customer paid for the booking, it constitutes GF Associés SARL remuneration and handling files fee and won't be given back, as the booking process has been fully and correctly completed by our team. In fact, this customer decision will be considered as a cancellation, and as it happens the day of the check-in, the down payment cannot be reimbursed.

5.2 Rental The rental shall be paid by the customer directly to the owner of the accommodation or any person allowed representing him. At this moment, the keys are delivered to the customer. The total price of the rental includes expenses such as gas, electricity and water for accommodation bookings of less than 30 days. The total price of the rental may not include expenses such as gas, electricity and water for accommodation bookings of more than 30 days depending on the specific contractual terms of each particular Owner.

5.3 Security deposit GF Associés Sàrl does not collect any security deposit. The customer has to give this amount to the Owner of the accommodation or any person allowed representing him. The security deposit is a guarantee for the Owner concerning any kind of possible damage (material damage, theft, etc.). This amount shall be given back to the customer on the day of departure after an examination of the accommodation. GF Associés Sàrl does not get involved to any issue regarding the security deposit whatsoever. Thus, we cannot be held liable for any dispute arising in relation to a security deposit refund. The Owner or any person allowed representing him is the one and only person allowed to keep part of or the complete amount of the security deposit. The owner reserves the right to refuse the entry in teh flat if the Customer doesn't leave the security deposit at the check-in.

5.4 Check-in and check-out policies The check-in and check-out hours are specified on the page of each apartment. These rules can be different depending on the Owner and specific arrangements can be made with each particular Owner or person allowed representing him. Our company will never be responsible for any kind of problem that occurs during the check-in and/or the check-out.

5.5 Applicable rules during the stay During the stay the customer has to care the accommodation it is renting out and all the furniture and equipments that belong to this accommodation. In case of any damage done during its stay, the customer has to advice immediately the Owner or any person allowed to represent him. By agreeing those General Terms and Conditions, the customer attests that during its stay, he/she, or any person travelling with him/her, is going to behave in a decent way with the Owner or any person allowed to represent him and it’s going to respect the nature, the environment and the neighbourhood. Moreover the customer has to do its best to respect the neighbours in the accommodation as well as in the stairwells. He also has to respect applicable public rules of the laws of the country where the lodging is located. In case of complaints from the neighbours or breach of these rules, the Owner, or any person allowed to represent him has the right to make the customer leave the accommodation immediately without any kind of refund.


6. Problems with the Owners

6.1 Application with the owner directly Considering that GF Associés Sàrl only acts as Intermediary, if the customer has a problem with the Owners (services badly supplied, damage caused etc.) the customer must apply directly with the Owner or its representative (as provided in the general conditions of that Owner).

6.2 Assistance of GF Associés Sàrl If the customer cannot make contact with the Owner or its representative, the customer may contact GF Associés Sàrl which will try to find a solution with the Owner concerned. This service offered by GF Associés Sàrl does not create any responsibility on the part of GF Associés Sàrl.


7. Termination If the customer breaches the contract hereof with early termination, unilaterally, the customer has no right to any kind of reimbursement.


8. Responsibilities

8.1 Limitation of responsibility In view of the fact that GF Associés Sàrl acts as Intermediary only, GF Associés Sàrl is solely responsible for the correct reservation of the services with the Owners. The customer must check the booking confirmation immediately upon receipt and inform GF Associés Sàrl immediately of any inconsistencies or faults. For any bookings made through or with GF Associés Sàrl, GF Associés Sàrl does not assume and herewith explicitly excludes any responsibility or liability in the place of or on behalf of the Owners. In any case, GF Associés Sàrl’s liability is limited to the handling fees charged for the service reserved or procured. Responsibility outside the contract is based on the legal applicable provisions, to the extent that the general terms and conditions of GF Associés Sàrl do not provide for lower restrictions or exclusions of responsibility.

8.2 Reclamations Each reclamation shall be addressed to GF Associés Sàrl in written form (e-mail) within a delay of max. 30 days after the date of end of the accommodation stay. Exceeding this delay, GF Associés Sàrl reserves the right to not commence further steps.


9. Transfer of accommodation reservation If a customer is prevented from using his/her accommodation stay he/she is only entitled to transfer such an accommodation stay to another person who fulfils all requirements of the participation subject to the approbation of GF Associés Sàrl and the Owner. In case of acceptance, the replacing person and the former customer are solidly liable to the Owners concerned for the price and any additional costs due to such transfer.


10. Applicable Law and Jurisdiction The relationship and any contract concluded with GF Associés Sàrl or under the solicitation of GF Associés Sàrl shall be governed by the material laws of Switzerland. In case of dispute, GF Associés Sàrl and its customer undertake to try to settle such dispute out of court. Any legal dispute against GF Associés Sàrl shall be submitted to the exclusive jurisdiction of the Courts of Geneva, Switzerland.


11. Information on GF Associés Sàrl GF Associés Sàrl is a limited liability company (société à responsabilité limitée) registered in Switzerland under number CH-660-3096007-5.
The legal seat of GF Associés Sàrl is at Rue des Eaux Vives, CH-1207 Geneva, Switzerland.
Phone number within Switzerland: 022 346 44 79.
Phone number from other countries: +41 22 346 44 79.
Opening hours (Swiss time): Monday to Friday from 9:00 a.m. to 6:00 p.m.; Saturday from 9:00 a.m. to 12:00 p.m. email address: info@escalea.com


WEBSITE TERMS OF USE


1. Company information This website is operated by GF Associés Sàrl, a company registered in Switzerland under number CH-660-3096007-5 whose registered office is GF Associés Sàrl and whose trading address is Rue des Eaux Vives, 116, CH-1207 Geneva, Switzerland. Our telephone number is +41 22 346 44 79 and our usual hours of business are Monday-Friday from 9:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 12:00 p.m.. Our e-mail address is info@escalea.com


2. Use of the website, copyright and trade marks: By visiting or using this website, you agree to and accept these terms. The Escalea name, logo and all related product and service names, design marks and slogans are the trade marks or service marks of GF Associés Sàrl. All other names, logos and all related product and service names, design marks and slogans used on this website are the trade marks or service marks of their owners. All rights are acknowledged. All copyright and other intellectual property rights in any material, including html code, text, photographs or other images displayed on our website, are either owned by us or have been licensed by the owner for our use. If you wish to use any of the information or material displayed on our website, you must first obtain our written permission, or that of the owner of the rights to the material, as the case may be. You must not modify copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice. Reference in this website to any products, services, processes, trade names, trade marks or other information of third parties does not imply or constitute an endorsement, sponsorship or recommendation to you by us. Links to other websites not operated by us are solely for your convenience. We are not responsible for any products, services, processes, trade names, trade marks or other information provided by third parties. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. You must not use our website for any activities which breach any laws, infringe any party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use our website in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the website by you.


3. Accuracy of information on website and availability:
Information on this website is posted in good faith and updated regularly, but we cannot guarantee its completeness and accuracy. We cannot and have not checked the accuracy of all information provided by Owners. We do not accept any liability to you or any third party for any error or omission on this website. We may change, update or delete any information on this website without prior notice. We do not warrant that this website will be uninterrupted, error free or that any information or other material accessible from this website is free of viruses or other harmful components. We do not make any representation about the suitability of information, products and services on this website for any purpose. The website is provided on an "as is" and on an "as available" basis. You assume all responsibility and risk for use of this website. We will not be responsible for any errors, omissions or misleading information and we disclaim, to the maximum extent permitted by law, all implied warranties in connection with such information. All photographs used are for the purposes of illustration only and should not be taken to be literal representations of actual facilities, accommodations or services offered unless otherwise advised. In no event shall we be liable for any demand, injury, loss, claim, damage or any direct, incidental, special, consequential damages or economic loss, including but not limited to loss of profits or savings, arising out of or in any way connected with the use of any data or information services displayed on this website.


4. Personal information of the user We are committed to maintaining the privacy of every current, former and prospective customer. We recognise that you may entrust important personal information to us, and we wish to assure you that we take seriously our responsibilities in protecting and safeguarding this information. For more information we advise the user to read our Internet Private Policy.


5. Changes to terms and conditions We may amend these terms and conditions at any time without prior notice. If we do amend these terms and conditions, the amended terms will be effective when posted on this website.