1. Legal information
Company: HOMKA SAS, with share capital of €1,000
RCS: 940 324 338 000 18
Registered office: 400 Route de la Mollaz, 74170 Saint-Gervais-les-Bains
Representatives: Paul Le Roux & Théo Giteau, co-founders
Email: contact@homka.fr
2. Purpose and scope
These General Terms and Conditions of Sale (GTCS) govern all contractual relations between HOMKA SAS (hereinafter “HOMKA” or “the Service Provider”) and any owner or client (hereinafter “the Client”) using its services.
Any order or acceptance of a quotation entails full and unreserved acceptance of these GTCS, which shall prevail over any other document of the Client, unless a prior written agreement to the contrary has been made.
3. Services offered
HOMKA offers owners and guests a range of high-end services, exclusively on a personalised quotation basis, in Saint-Gervais-les-Bains, Megève and the surrounding area:
This list is not exhaustive. HOMKA reserves the right to offer any other additional service according to the Client’s needs.
4. Formation of the contract
HOMKA’s services are offered within the framework of partnerships with owners, or with a view to promoting their rental activity via partner platforms (notably Airbnb).
No online payment is required on the HOMKA website. The contract is formed once the Client has approved the quotation, by email, message or written agreement. Any confirmed order constitutes acceptance of these GTCS and of the personalised quotation.
5. Prices and invoicing
Services are provided on the basis of a personalised quotation, sent to the Client before any work is carried out. Prices are stated in euros excluding VAT, with the applicable VAT specified on each quotation or invoice.
Services carried out for partner owners are invoiced at the end of the month, covering all work carried out during the previous month. Payment is due within 30 days of the invoice date.
6. Payment terms
Payment is made by bank transfer, cheque or any other means agreed in writing between the parties. HOMKA’s bank details appear on each invoice.
7. Late payment
In the event of late payment or non-payment by the due date, and in accordance with Articles L. 441-10 et seq. of the French Commercial Code:
8. Cancellation terms
8.1 Bookings via a platform (Airbnb, etc.)
For bookings made via a third-party platform, the applicable cancellation terms are those of the platform concerned at the time of booking. HOMKA cannot be held responsible for decisions taken by these platforms.
8.2 Services on quotation
If the Client cancels a service after approving the quotation, HOMKA reserves the right to invoice the costs incurred and, where applicable, a cancellation fee, the terms of which will be specified in the quotation.
9. Liability
HOMKA makes every effort to guarantee the quality of its services and those of its partners (cleaning providers, chefs, massage therapists, laundries, etc.).
However, HOMKA cannot be held liable:
10. Intellectual property
All content provided by HOMKA (documents, photographs, visuals, etc.) remains the exclusive property of HOMKA. Any reproduction or distribution without prior written authorisation is prohibited.
11. Protection of personal data
Personal data collected in the course of the business relationship (name, contact details, property details, etc.) is processed by HOMKA as data controller, in accordance with the General Data Protection Regulation (GDPR).
This data is used exclusively for the management and performance of the services. It is not passed on to third parties without consent, unless required by law. The Client has a right of access, rectification, erasure and portability by writing to: contact@homka.fr.
12. Consumer mediation
In accordance with Articles L. 611-1 et seq. of the French Consumer Code, any Client who is a consumer has the right to use a consumer mediator free of charge with a view to the amicable resolution of any dispute with HOMKA.
HOMKA is a member of a consumer mediation service. The contact details of the competent mediator will be provided to the Client on request at contact@homka.fr.
13. Applicable law and competent jurisdiction
These GTCS are subject to French law. In the event of a dispute persisting after an attempt at amicable settlement, the competent court shall be that within whose jurisdiction HOMKA’s registered office is located, namely the Tribunal de Commerce d’Annecy, unless mandatory legal provisions applicable to consumers provide otherwise.
14. Amendments to the GTCS
HOMKA reserves the right to amend these GTCS at any time. The applicable GTCS are those in force on the date on which the Client approves the quotation.
