Tenant's guarantees
You will find below a detailed description of the conditions and terms of our cancellation and interruption of stay guarantees.
My Home In La Clusaz team and the one of our guarantor partner remain available to answer any question you may have.
Tenant's guarantee - Terms and Conditions
Those conditions are applicable to any booking made from the 1st of January 2021, subject to subscription to the said guarantees.
1. Purpose
The purpose is to cover short term rentals of furnished properties (holiday cottage, bed and breakfast, room or apartment) whether the agreement has been concluded on My Home In La Clusaz directly by the Owner or by a tourism professional. The coverage established in the presents Terms and Conditions can only be applied provided that all the provisions of the rental agreement (My Home In La Clusaz booking terms) have been respected by the parties and that the deposit or down payment has been paid.
The cancellation guarantee and interruption of stay guarantees hereby presented by My Home In La Clusaz are displayed by our guarantor as defined in Article 10, who is the only person responsible and able to make decision on a guarantee request that you would presented.
2. Territoriality
The Coverage is only applicable for rentals of properties located in mainland France.
3. Effective date and duration
The guarantee applies to any property rental with a duration that does not exceed 90 days.
The cancellation guarantee applies until the first day of the rental (key holding).
The interruption of stay guarantee applies from the first day of the rental (key holding) until the last day of the rental (key holding).
4. Risk
Events that call into play the coverage must occur after the rental reservation date or not be known to the Tenant on the day of the reservation. Failing that, the guarantor shall have the right to oppose the no risk scheme and refuse to cover it.
5. Definitions
The words or terms appearing hereinafter and starting with a capital letter will have the following meaning throughout the contract:
Health problem:any change in health or any unintentional bodily injury suffered by the victim, resulting from a sudden and external event which is verified by a doctor of medicine and requires the cessation of any activity, professional or otherwise, requiring the appropriate care and forbidding the insured party from:
- leaving home or the holiday destination or the hospital facility where the person concerned is being treated or
- the activity which is the purpose of the themed stay reserved.
Insured Party / You:natural or legal person who is the beneficiary of the coverage.
Insurer / Guarantor /Us:the company or its representative mentioned in Article 10 below
Partner: person joined through marriage or a civil partnership with the Insured Party or commonly regarded as forming a couple with the Tenant, and living under the same roof as the Tenant.
Damages from water and frost:damages caused by accidental water leaks or floods resulting from any devices using water or a heating system or by frost.
Skiing area: mountain area where you can ski and undertake other sporting activities, sliding or otherwise, on the snow during the winter season, including marked trails and off-piste in the vicinity, meaning accessible via ski lifts and returning through gravity to the skiing area in accordance with law no. 2016-1888 of the 28th of December 2016, known as the Mountain Law.
Serious material damages: Damages from water and frost, Fire, Explosion, Theft making the concerned property unusable.
Personal injuries:any physical or mental harm suffered by a person.
Consequential immaterial damages:any damage other than personal or material damage involving fees and monetary loss resulting from the deprivation of enjoying a right, the interruption of a service rendered by a person or a property, or the loss of a benefit and following covered Personal injuries or Material damage.
Material damages:any violation, deterioration, alteration, loss or destruction of a thing or substance, any physical harm done to animals.
Explosion:sudden and violent action from the pressure or reduction of pressure of gas or vapor. Explosions or implosions of any kind are covered.
Excess:the remaining sum borne by the Insured Party in the event of an Accident.
Fire:combustion with flames outside of a normal household.
Tenant:any natural person designated (surname, first name, address) on this rental agreement. The Tenant cannot be the Owner, Bare-Owner, free-of-charge occupier or beneficial owner of the rented property.
Near relations:Partner, ancestors or descendants up to the second degree, parents-in-law, brothers and sisters, brothers-in-law and sisters-in-law, sons-in-law and daughters-in-law, uncles and aunts, nephews and nieces.
Owner:natural or legal person in possession of a property, allocated for holidays, which they offer, directly or via an intermediary, for rent for a tourism clientele.
Incident:a random event likely to invoke the benefits of this agreement. If the Incident has several causes, only the first causes produced or cited by the Insured Party will be retained. The damages, regardless of their spread over time, having the same cause and the same origin, constitute one single Incident.
Balance due:difference between the total amount of the reserved holiday and the amount of the down payment or the deposit already paid at the time of the Incident.
Policyholder: contract signatory established under this name in the Specific Terms and Conditions.
Third Parties:natural or legal persons other than:
- the Tenant and their Near Relations,
- the Owner and their Near Relations,
- any Party to this contract,
- their employees or associates.
Disrepair:depreciation resulting from the use, wear and tear, maintenance or years of service of the property.
Theft:fraudulent dispossession of an insured property.
6. Tenant's guarantees
6.1 Cancellation and interruption of stay guarantees
The guarantor refunds you for the covered Benefits not used and not refunded when one of the covered Events occurs and forces you to cancel your stay, to postpone the start of your stay or to interrupt your stay.
6.1.1 Covered services
The main provision of accommodation (holiday cottage and villa, apartment rental).
6.1.2 Events covered
a) Health problems and death
- of the Tenant or a Near Relative,
- of the person charged with:
o caring for your under-age or disabled children,
o replacing you professionally (if you are self-employed or independent professional, in the medical or paramedical profession). This event also applies to your Partner and, in any case, only if a replacement agreement has been signed and settled before the reservation date.
The following is not covered:
- any manifestation of relapses, worsening health or complications in the months preceding the reservation,
- pregnancy, except for any complications due to this including, miscarriage, childbirth and so on, in the month prior to the effective date of the reservation,
- spa therapy, (unless following an accident or illness), psychological or psychotherapeutic treatment, including a breakdown, except in the event of hospitalisation for at least 3 days.
a) Your redundancy or professional transfer requiring you to move house.
b) The removal or modification of your holiday leave dates by your employer provided that the holiday leave had been agreed upon before the reservation of the rental and that it has been cancelled within the 30 days preceding the holiday start date.
c) Your divorce or separation registered with the court office provided that the procedure was initiated after the reservation date.
d) Roadblocks or strikes, floods or natural events, preventing movement on the rental start day and the following 48 hours.
e) Theft or accidental Material Damages to your vehicle on the condition that it cannot be repaired, found or replaced before the holiday start date.
f) Visa refusal for one of the Tenants by the authorities of the visited country, provided that the request was made within the time period required by the competent authorities of this country.
g) Theft of the identity card or passport belonging to one of the Tenants within the 24 hours before your departure, preventing you from satisfying the border police's formalities.
h) Serious material damage to your home or your secondary residence or your company's premises and which justifies your imperative presence on site.
i) Finding employment or service provision assignment lasting at least three months coming into effect before the holiday start date and continuing during this time, provided that it is not an extension or a renewal.
k) Summons which is imperative and cannot be delayed from the judicial administration as a juror, for adoption, for a medical exam, an organ transplant or a re-take exam for higher education.
l) The occurrence of one of the following events leading to the local competent administrative authorities banning access to the site within a 5 km radius, provided that in the 48 hours preceding the holiday start date, no release of the ban has been published by said authorities:
- natural disaster under French law no. 82-600 from the 13th of July 1982,
- technological disaster under article L. 128-1 of the French Insurance Code,
- attack under article L. 412-1 of the French Criminal Code,
- pollution, storm, forest fire, riot.
The following is not covered under:
- b):
o the managers and legal representatives of the company, liberal professions and independent workers (including tradespersons and entertainment workers),
o termination of employment, end of temporary contract and resignation,
o dismissal for gross misconduct,
- d): separation of cohabitants,
- f) and i): accidental Material damages and theft occurring more than 7 days before the holiday start date.
- j): employer change at your initiative.
6.2 Cancellation by the owner
In the event that the rented property is unavailable due to:
- Serious Material damage occurring in the preceding moths and which cannot be resolved before the holiday start date,
- Health problem or death of the Owner,
- sale of the rented property,
we cover:
- if the Tenant is offered alternative accommodation by the owner and they accept it: the difference between the cancelled rental and the alternative accommodation up to 25% of the amount of the cancelled rental.
- if the Tenant is not offered alternative accommodation by the Owner or they do receive an offer but refuse it: double the down payment or deposit paid for the cancelled rental.
7. Exclusion guarantees
The following is not covered unless otherwise stipulated:
- damages directly or indirectly linked to:
o epidemics and pandemics recognized by the national or international health authorities being subject of an emergency public health declaration or leading to a public health policy involving limiting and restrictive measures regarding the movement of peoples and sanitary treatment,
o foreign war and civil war,
o all the direct or indirect effects of explosion, heat release, irradiation resulting from the transmutation of nuclei or the radioactivity of an explosion of any substance or contamination of a biological or chemical nature,
oIncidents due to alcoholism, drunkenness, drugs or narcotics, use of non-medically prescribed medications
o the insured party's intentional act or their suicide or attempted suicide.
o practicing a sport as a professional as well as air sports, bobsleigh, skeleton, rock-climbing, ice-hockey, motor sports, scuba diving.
- the absence of risks,
- health cures,
administrative fees, cleaning packages, tourist tax appearing in the rental agreement, as well as the insurance premium, airport charges (refunded by the transporter or any collecting body) and visa fees are not refundable.
8. In the event of an accident
8.1 Obligations
You must:
- immediately take all the necessary measures to limit the significance of the damages and save your belongings,
- provide us with all the information necessary for analyzing the damages and determining their value,
- inform us of the Incident under the conditions set out below.
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8.2 Process
Declarations must be made to the company My home in who will transmit your request to its guarantor partner.
8.3 Declaration deadline
Except in the case of force majeure, you must declare the Incident to us within 5 working days as soon as you become aware of it.
If the Incident is not declared within the established period and if we decide that this delay has caused us harm, we can invoke a lapse of our coverage, unless your delay is the result of a force majeure event, in accordance with article L. 113-2 of the French Insurance Code. If the other obligations set out above are not respected (except in the event of force majeure), we can pay you compensation that is proportional to the loss suffered by us.
You will no longer have the right to coverage if you knowingly:
- make false declarations about the date, the nature, the causes, the circumstances or the consequences of the Incident,
- voluntarily use inaccurate documents as supporting documents or use fraudulent means,
- do not declare the existence of other insurance policies covering the same risk,
- fail to make us aware of the recovery of the stolen goods.
8.4 Supporting documents
You are responsible for supporting your compensation claim through documents establishing the facts.
For this reason, you must send us:
- as soon as the declaration of the Incident is made:
· The rental agreement,
· A letter or email detailing the date, the nature and the exact circumstances of the event,
· Any objective document establishing the event at the origin of the Incident (medical certificate, death certificate, etc.).
- upon receiving our acknowledgment of receipt: additional supporting documents we ask you to provide.
We reserve the right to request any additional documents in order to assess the legitimacy of the your request.
We inform you that we reserve the right to refuse your request if the declared facts do not justify the benefit of coverage.
8.5 Expert assessment
The damages to covered goods are evaluated by mutual agreement or by default, by an amicable expert assessment, subject to the respective rights of the parties. Each of the parties chooses an expert. If the assigned experts do not agree, they will appoint a third expert. The three experts will work together to achieve a majority vote.
Should one of the parties fail to appoint their expert, or should the two experts fail to agree on the choice of the third, the appointment will be made by the competent judicial authority. This appointment is made via a written request signed by both parties, or by one, the other party having been summoned by registered letter.
Each party pays their expert's fees. The third party expert fees and the fees for their appointment if they exist, are covered equally by the Insured Party and the Insurer.
8.6 Payment of compensation
Subject to the application of an exclusion or a lapse of coverage, any insurance benefit will be paid within ten (10) working days following the declaration of the Incident once the benefit conditions are fulfilled and subject and all requested supporting documents have been sent to us. Unless otherwise stated, the compensation payment will be made to the Policyholder who will distribute it between the Insured Parties.
8.7 Coverage terms and conditions
The coverage applies according to Articles 6.1.2 and 6.2 and within a limit of 25,000€ per reservation, with a 10% franchise having a minimum of 50€.
9. Miscellaneous
9.1 Subrogation
In accordance with article L. 121-12 of the French Insurance Code, we are automatically subrogated in any of the Insured Party's rights and actions, up to the amount of the insurance claims paid.
9.2 False declarations
IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE L. 113-8 OF THE FRENCH INSURANCE CODE, ANY INTENTIONAL FALSE DECLARATION MADE BY YOU TO MODIFY OUR OPINION OF THE RISK LEADS TO THE NULLITY OF COVERAGE, THE PREMIUMS COLLECTED SHALL BE FULLY VESTED AS DAMAGES AND INTERESTS.
IN THE CASE OF CONCEALMENT OR UNINTENTIONAL FALSE DECLARATION IT WILL BE APPLIED TO THE PROVISIONS OF ARTICLE L. 113-9 OF THE FRENCH INSURANCE CODE.
9.3 Insurance accrual
In accordance with article L. 121-4 of the French Insurance Code, someone who is insured with several insurers by several policies, for a same interest, for the same risk, must immediately make each insurer aware of the other insurers. The Insured Party must, during this communication, make the name of the insurer known with whom another insurance has been taken out and indicate the insured amount. When several insurances are taken out without fraud, each of them produces its effects within the limits of the coverage and in compliance with the provisions of the French Insurance Code.
9.4 Prescription
Prescription is the period beyond which no claim will be admissible. Any legal action arising from the contract is time-barred from the event giving rise to it under the conditions provided for in Articles L. 114-1 to L. 114-3 of the French Insurance Code.
Article L. 114-1 of the French Insurance Code: "Any actions arising from an insurance contract are time-barred after two years from the event giving rise to it. However, this period shall run:
1. In the event of concealment, omission, false or inaccurate declaration on the risk involved, only from the day on which in the insurer became aware of it;
2. In the event of an incident, only on the day on which the interested parties became aware of it, if they prove that they were unaware up to that point. When the insured party's action against the insurer is based on the action of a third party, the prescription period only runs from the day on which this third party has taken legal action against the insured party or has been compensated by the latter.
The prescription is extended to ten years in life insurance contracts when the beneficiary is a person separate from the policyholder and, in insurance contracts against accidents affecting people, when the beneficiaries are the rightful claimants of the deceased insured party.
For life insurance contracts, notwithstanding the provisions of 2, the beneficiary’s actions are statute-barred at the latest thirty years from the death of the Insured Party".
Article L. 114-2 of the French Insurance Code: "The prescription is interrupted by one of the common causes of prescription interruption and by the appointment of experts following an incident. The interruption of the prescription of the action may, however, result from the sending of a registered letter with acknowledgement of receipt sent by the insurer to the insured party regarding the action for payment of the premium and by the insured party to the insurer in respect of the settlement of the compensation.
The common causes of prescription interruption (articles 2240 et seq. of the French Civil Code) are: acknowledgement by the debtor of the right of the person against whom they prescribed; legal action, even in summary proceedings; a precautionary measure taken pursuant to the French Code of Civil Enforcement Proceedings or an act of forced execution; the appeal referred to in Article 2245 of the French Civil Code."
Article L. 114-3 of the French Insurance Code: "By way of derogation from article 2254 of the French Civil Code, the insurance contracting parties may not, even by common consent, modify the prescription period, or add to these grounds of suspension or interruption."
The common causes of prescription interruption mentioned in article L.114-2 of the French Insurance Code are those established in articles 2240 to 2246 of the French Civil Code, laid out below:
Article 2240 of the French Civil Code: "The acknowledgement by the debtor of the right of the person against whom he was prescribing interrupts the period of prescription."
Article 2241 of the French Civil Code: "Judicial demand, even by way of summary proceedings, interrupts the delay of prescription and the delay of foreclosure. The same occurs when the demand is brought before a court without jurisdiction when the act of referral to the court is annulled on account of a procedural defect."
Article 2242 of the French Civil Code: "The interruption resulting from the judicial demand has continuous effect until the proceedings terminate."
Article 2243 of the French Civil Code: "Interruption fails to occur if the plaintiff abandons his judicial demand or allows the proceedings to lapse, or if the demand is definitively rejected."
Article 2244 of the French Civil Code: "The period of prescription or the period of foreclosure is also interrupted by a conservatory measure taken in application of the Code of the Civil Procedures of Enforcement or of an act of forced execution."
Article 2245 of the French Civil Code: "The calling in of one joint debtor by judicial demand, or by an act of forced execution, or by the acknowledgement by the debtor of the right of the person against whom he was prescribing, interrupts the period of prescription against all the others, even against their heirs.
But the calling in of one of the heirs of a joint debtor, or the acknowledgement by that heir does not interrupt the prescription against co-heirs, even in case of a mortgage claim, if the obligation is divisible. This calling in or this acknowledgement only interrupts the period of prescription against the other co-debtors for the share for which this heir is bound.
To interrupt the period of prescription for the whole, for all the other co-debtors, the calling in must be addressed to all the heirs of the deceased debtor or the acknowledgment must be addressed to all these heirs."
Article 2246 of the French Civil Code: "A calling in addressed to the principal debtor or his acknowledgement interrupts the period of prescription against the surety."
9.5 Law and language applicable to the contract
The pre-contractual and contractual relationships are governed by French law. The French language applies.
Any litigation arising from the execution, non-execution or the interpretation of the contract will be under the jurisdiction of French courts.
9.6 Actions against third parties
The Insurer who has paid compensation is subrogated, under the terms of article L. 121-12 of the French Insurance code, up to the amount of this compensation, under the rights and actions of the Insured Party against third parties who, through their acts, have caused damage giving rise to the Insurer's liability.
However, this subrogation is not applied to the fixed compensation coverage in the event of a death or the permanent disability of the Insured Party.
10. Guarantor partner
Société d’assurance mutuelle, immatriculée au Registre du commerce et des sociétés de Paris sous le numéro D 775 670 466, dont le siège social est situé 47/49 rue de Miromesnil 75008 PARIS représentée par Société de courtage d’assurance, 105 rue Jules Guesde CS 60165 92532 Levallois Perret Cedex, SAS au capital de 100 000 euros - RCS Nanterre 523 543 445 - NAF 6622Z - Orias 10 058 127.