CONDITIONS GENERALE DE VENTE
GÎTES ET LOCATIONS
To pay for your stay
If you live in France: you can pay for your stay by bank cheque, postal cheque or money order, bank card, holiday vouchers or bank transfer.
If you live abroad: have your banker draw up a bank cheque or, if necessary, pay by international credit card. In both cases, send your payment with your rental contract (deposit) or with your invoice (balance payment).
Art. 1 – The present contract proposed by the reservation service is reserved for the exclusive use of the Gîtes de Moutier Notre Dame located at 7 rue du Moutier 66760 Agoustrine-les-Escaldes.
Art. 2 – duration of the stay : The client who signs the present contract concluded for a fixed period may not under any circumstances claim any right to remain in the premises at the end of the stay.
Art. 3 – Responsibility: – The booking service that offers services to a client is the sole interlocutor of this client and is responsible to the client for the execution of the obligations arising from these conditions of sale. The reservation service cannot be held responsible for fortuitous events, cases of force majeure or the actions of any person not involved in the organisation and running of the stay.
Art. 4 – Reservations: – Reservations made more than 6 months before the start of the stay: in application of article 68 of decree 72-678 of 20 July 1972 as amended, reservations for seasonal rentals made through an intermediary may not be subject to any payment more than 6 months before the start of the stay. Consequently, reservations for a stay in a self-catering cottage made more than 6 months before arrival will not give rise to any payment before this deadline. To confirm the rental, the client must return the signed contract to the reservation department before the date indicated on the front page. At 6 months before the beginning of the stay, the client will have to pay a deposit of 25% of the amount of the rent to which will be added the totality of the reservation fees as well as the costs of any cancellation insurance taken out and 25% of the amount of the services directly linked to the stay. The balance is due 30 days before the start of the stay.
– Reservations made between 6 months and 30 days before the start of the stay: a deposit of 25% of the rental price will be required upon conclusion of the contract. The reservation becomes firm when the service receives a deposit of 25% of the amount of the rent plus the total cost of the reservation as well as the cost of any cancellation insurance taken out and 25% of the amount of the services directly linked to the stay and a copy of the contract signed by the client, before the deadline indicated on the front. The balance is due 30 days before the start of the stay.
– Reservations made less than 30 days before the start of the holiday: the full price and a copy of the contract signed by the client will be required on conclusion of the contract.
Art. 5 – No right of withdrawal: For bookings made by post, telephone or internet, the Hirer does not benefit from the right of withdrawal, in accordance with article L121-21-8 of the French Consumer Code relating in particular to the provision of accommodation services supplied on a specific date or at a specific time.
Art. 6 – payment of the balance: The client must pay the reservation service the balance of the agreed service due one month before the start of the stay.
The client who has not paid the balance by the agreed date is considered to have cancelled his stay. From then on, the service will be offered for sale again and no refund will be made.
Art. 7 – Late registrations: In case of registration less than 30 days before the beginning of the stay, the totality of the payment will be required at the reservation.
Art. 8 – Exchange voucher: Upon receipt of the accommodation fee, the booking department will send the client an exchange voucher which the client must hand over to the service provider upon arrival or an acknowledgement of receipt.
Art. 9 – Arrival: The client must arrive on the specified day and at the times mentioned on this contract or on the receipt.
In the event of a late or delayed arrival or a last minute impediment, the client must inform the service provider (or owner) whose address and telephone number appear on the exchange voucher or the description sheet.
Art. 10 – Cancellation by the client: All cancellations must be notified in writing to the reservation department.
a/ You have cancellation insurance: please refer to the attached insurance form.
b/ You do not have cancellation insurance: in the event of cancellation by the client, the reimbursement by the reservation service, with the exception of the reservation fee, is made as follows :
– Cancellation up to and including the 21st day before the start of the stay: the amount of the deposit as defined in article 4 will be retained and the balance will be reimbursed if it has been cashed at the date of cancellation.
– Cancellation between 20 and 8 days inclusive before the start of the stay: 50% of the rent and the amount of the services directly linked to the stay will be retained, if the customer has chosen to benefit from them ;
– cancellation between the 7th and 2nd day inclusive before the start of the stay: 75% of the rent and the amount of the services directly linked to the stay will be retained, if the customer has chosen to benefit from them ;
– Cancellation the day before or on the day of arrival originally agreed in the contract or no-show: no refund will be made.
Art. 11 – modification of a substantial element: When, before the planned date of the beginning of the stay, the reservation service is obliged to make a modification to one of the essential elements of the contract, the purchaser may, after having been informed by the vendor by registered letter with acknowledgement of receipt :
terminate the contract and obtain an immediate refund of the sums paid, without penalty
or accept the modification or substitution of places of stay proposed by the vendor: an amendment to the contract specifying the modifications made is then signed by the parties.
Any reduction in price will be deducted from any sums still owed by the purchaser and if the payment already made by the latter exceeds the price of the modified service, the excess amount will be returned to the hirer before the beginning of his stay.
Art. 12 – Cancellation by the seller: If the booking service cancels the holiday before the start of the holiday, it must inform the buyer in writing.
The buyer will be reimbursed immediately and without penalty for the amounts paid. In addition, he will receive compensation at least equal to the penalty he would have incurred if the cancellation had been caused by him on that date.
These provisions shall not apply where an amicable agreement is concluded for the purpose of acceptance by the buyer of a substitute holiday proposed by the seller.
Art. 13 – inability of the vendor to provide the services provided for in the contract during the stay : If, during the stay, the seller is unable to provide a major part of the services provided for in the contract, representing a non-negligible percentage of the price paid by the purchaser, the reservation service will offer a stay in replacement of the planned stay, possibly bearing any additional cost. If the holiday accepted by the buyer is of inferior quality, the booking service will refund the difference in price before the end of the holiday. If the seller is unable to offer a replacement stay or if this is refused by the buyer for valid reasons, the former shall pay the latter compensation calculated on the same basis as in the case of cancellation by the seller.
Art. 14 – interruption of the stay: In the event of interruption of the stay by the client, no reimbursement will be made unless the reason for the interruption is covered by the cancellation insurance from which the client may benefit.
Art. 15 – capacity: The present contract is established for a maximum capacity of persons. If the number of holidaymakers exceeds the capacity, the provider may refuse additional guests. Any modification or termination of the contract will be considered at the initiative of the client.
Art. 16 – assignment of the contract by the client : The purchaser may assign the contract to an assignee who meets the same conditions as the purchaser for the stay. In this case, the buyer is obliged to inform the reservation service of his decision by registered letter with acknowledgement of receipt at the latest 7 days before the beginning of the stay.
The assignment of the contract must be made at cost price. The transferor and the transferee are jointly and severally liable to the seller for the payment of the balance of the price as well as any additional costs incurred by the transfer.
Art. 17 – Insurance: The client is responsible for all damage caused by him/her. He is required to be insured by a holiday insurance policy for these various risks.
Art. 18 – Inventory of fixtures: An inventory is drawn up jointly and signed by the tenant and the owner or his representative on arrival and departure of the gîte. This inventory is the only reference in the event of a dispute concerning the state of the premises. The tenant is obliged to enjoy the rented property reasonably.
The state of cleanliness of the gîte on the tenant’s arrival must be noted in the inventory of fixtures. The cleaning of the premises is the responsibility of the holidaymaker during the rental period and before departure. The amount of any cleaning costs is established on the basis of the calculation mentioned in the description.
Art. 19 – reception of animals: The present contract specifies whether or not the tenant may stay in the company of a domestic animal. If this clause is not respected, the service provider may refuse the stay: no refund will be made. At the time of booking, the client is required to indicate the number of pets that will accompany him/her. Where applicable, the description sheet specifies any supplements to be provided (animal rate, deposit supplement, cleaning supplement, etc.). Specific terms and conditions of stay for pets may be specified by the owner in an internal regulation posted in the accommodation.
Art. 20 – Security deposit: Upon arrival of the client in a rental, a security deposit, the amount of which is indicated on the description sheet, is requested by the owner. After the inventory of fixtures at the end of the stay has been drawn up by both parties, this deposit is returned, less the cost of restoring the premises if any damage has been found.
In the event of early departure (before the times mentioned on the description sheet) preventing the inventory of fixtures from being drawn up on the same day as the tenant’s departure, the security deposit is returned by the owner within a period not exceeding one week.
Art. 21 – Payment of charges: At the end of the stay, the client must pay the owner the charges not included in the price.
The amount is established on the basis of the calculation mentioned in the description sheet and a receipt is given by the owner.
Art. 22 – Complaints: Any complaint regarding the state of the premises and the state of the description during a rental must be submitted to the reservation department within three days of entering the premises.
Any other complaint must be addressed to him as soon as possible, by letter. Where the reservation service, as agent, is required to pay the client on behalf of the owner, the client shall subrogate to the reservation service the rights and actions it has with the owner.
Articles et du Code du tourisme
Art. R211-3 Modified by Decree No. 2009-1650 of 23 December 2009 – art. 1 Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel services or holidays shall give rise to the provision of appropriate documents which comply with the rules defined by this section. In the case of the sale of tickets for air travel or for travel on scheduled airlines not accompanied by services related to such travel, the seller shall issue the buyer with one or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of transport on demand, the name and address of the carrier, on whose behalf the tickets are issued, must be mentioned. The separate invoicing of the various elements of a tourist package shall not exempt the vendor from the obligations imposed on him by the regulatory provisions of this section.
Art. R211-4 Created by Decree No. 2009-1650 of 23 December 2009 – art. 1 Prior to the conclusion of the contract, the seller must provide the consumer with information on the prices, dates and other constituent elements of the services provided in connection with the journey or stay such as :
1° The destination, means, characteristics and categories of transport used ;
2° The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification in accordance with the regulations or customs of the host country ;
3° The catering services offered ;
4° The description of the itinerary when it is a tour ;
5° The administrative and health formalities to be completed by nationals or citizens of another Member State of the European Union or of a State party to the Agreement on the European Economic Area in the event, in particular, of the crossing of borders, as well as the time limits for completion ;
6° Visits, excursions and other services i included in the package or possibly available at an additional cost ;
7° The minimum or maximum size of the group enabling the journey or stay to be undertaken and, if the journey or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the journey or stay; this date may not be less than twenty-one days before departure ;
8° The amount or percentage of the price to be paid as a deposit on conclusion of the contract and the schedule for payment of the balance ;
9° The terms of price revision as provided for in the contract pursuant to Article R. 211-8 ;
10° Cancellation conditions of a contractual nature ;
11° The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11 ;
12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular the cost of repatriation in the event of accident or illness ;
13° Where the contract includes air transport services, the information, for each leg of the flight, provided for in Articles R. 211-15 to R. 211-18.
Art. R211-5
Amended by Decree No. 2009-1650 of 23 December 2009 – art. 1 The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to amend certain elements in the information. In this case, the seller must clearly indicate the extent to which this change can take place and on which elements. In any case, changes to the prior information must be communicated to the consumer before the conclusion of the contract.
Art. R211-6
Modified by Decree n° 2009-1650 of 23 December 2009 – art. 1 The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. Where the contract is concluded by electronic means, Articles 1369-1 to 1369-11 of the Civil Code shall apply. The contract must include the following clauses :
1° The name and address of the seller, his guarantor and his insurer, and the name and address of the organiser ;
2° The destination or destinations of the journey and, in the case of a split stay, the different periods and their dates ;
3° The means, characteristics and categories of transport used, the dates and places of departure and return ;
4° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification according to the regulations or customs of the host country ;
5° The catering services offered;
6° The itinerary when it is a tour;
7° Visits, excursions or other services included in the total price of the trip or stay ;
8° The total price of the services invoiced as well as an indication of any revision of this invoicing pursuant to the provisions of Article R. 211-8 ;
9° The indication, where appropriate, of charges or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, and tourist taxes when they are not included in the price of the service(s) provided ;
10° The schedule and terms of payment of the price; the last payment made by the purchaser may not be less than 30% of the price of the journey or stay and must be made when the documents enabling the journey or stay to be undertaken are handed over ;
11° Any special conditions requested by the buyer and accepted by the seller ;
12° The conditions under which the purchaser may submit a complaint to the vendor for non-performance or poor performance of the contract, a complaint which must be addressed as soon as possible, by any means enabling an acknowledgement of receipt to be obtained by the vendor, and, where appropriate, notified in writing, to the travel organiser and the service provider concerned;
13° The deadline for informing the purchaser in the event of cancellation of the journey or stay by the vendor in the event that the journey or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of Article R. 211-4 ;
14° Contractual cancellation conditions ;
15° The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11 ;
16° Details of the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller’s professional civil liability;
17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as information concerning the assistance contract covering certain specific risks, in particular the cost of repatriation in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded ;
18° The deadline for informing the seller in the event of transfer of the contract by the buyer ;
19° The commitment to provide the buyer, at least ten days before the planned date of departure, with the following information (a) The name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of local bodies likely to be able to help the consumer in the event of difficulty or, failing that, the telephone number for establishing urgent contact with the seller; (b) For trips and stays of minors abroad, a telephone number and address enabling direct contact to be made with the child or the person responsible for the stay ;
20° The cancellation and reimbursement clause without penalties of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of Article R. 211-4 ;
21° The commitment to provide the buyer, in good time before the start of the journey or stay, with the departure and arrival times.
Art. R211-7
Modified by Decree n° 2009-1650 of 23 December 2009 – art. 1 The purchaser may assign his contract to an assignee who fulfils the same conditions as he does for the journey or stay, as long as this contract has not produced any effect. Unless otherwise agreed, the transferor shall inform the seller of his decision by any means that allows an acknowledgement of receipt to be obtained at least seven days before the start of the journey. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorisation by the seller.
Art. R211-8
Modified by Decree n°2009-1650 of 23 December 2009 – art. 1 When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods for calculating price variations, both upwards and downwards, and in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the journey or stay, the portion of the price to which the variation applies, and the exchange rate of the currency or currencies used as a reference when establishing the price in the contract.
Art. R211-9
Modified by Decree n°2009-1650 of 23 December 2009 – art. 1 When, before the buyer’s departure, the seller is obliged to make a change to one of the essential elements of the contract, such as a significant increase in the price, and when he fails to comply with the obligation to provide the information mentioned in 13° of Article R. 211-4, the buyer may, without prejudice to any claims for compensation for damage suffered, and after having been informed by the seller by any means allowing for an acknowledgement of receipt: -either cancel the contract and obtain an immediate refund of the sums paid without penalty; – or accept the modification or substitute trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums still owed by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the excess amount must be returned to him before the date of his departure.
Art. R211-10
Modified by Decree n°2009-1650 of 23 December 2009 – art. 1 In the case provided for in Article L. 211-14, when, before the buyer’s departure, the seller cancels the trip or holiday, he must inform the buyer by any means that allows him to obtain an acknowledgement of receipt; the buyer, without prejudice to any recourse for compensation for any damage suffered, shall obtain from the seller the immediate reimbursement of the sums paid, without penalty; the buyer shall receive, in this case, an indemnity at least equal to the penalty he would have incurred if the cancellation had been his own fault on that date The provisions of this article shall in no way prevent the conclusion of an amicable agreement for the purpose of acceptance by the purchaser of a substitute journey or stay proposed by the vendor. Art.
R211-11
When, after the buyer’s departure, the seller is unable to provide a major part of the services provided for in the contract, representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures, without prejudice to any claims for compensation for damages that may have been suffered: -or, if he cannot offer any replacement services or if these are refused by the buyer for valid reasons, provide the buyer, without additional charge, with transport tickets to ensure his return under conditions that can be considered equivalent to the place of departure or to another place accepted by both parties. The provisions of this Article shall apply in the event of failure to comply with the obligation laid down in Article R. 211-4, 13°.