 |
|
|
TERMS & CONDITIONS
Holder of a licence delivered by the Prefecture of Toulon (France) Costebelle
Villas is entitled to carry out activities of letting seasonal furnished
holiday accommodations, according to the french legislation in accordance
with EEC regulations
(Art. 25 Law N 92-645 of the 13th July 1992)
Booking Contract
- You (the person signing the booking form as party
leader) agree to enter into a contract with Costebelle Villas, 195,
Chemin Casteou Negre F-83400 Hyeres in France on the following terms
and conditions.
- The contract commences when Costebelle Villas
has issued the written booking confirmation or, if booking within
28 days of arrival, when Costebelle Villas has verbally confirmed
and given you a booking reference number. Costebelle Villas reserves
the right to refuse any booking.
- You must be aged 18 years or over when the booking
is made and you are responsible for the payments under this contract
and for ensuring that all members of your party comply with these
terms and conditions and carry passports, visas and other documents
required for travel or driving if coming from abroad.
Payment
- The booking form must be accompanied by the appropriate
booking deposit.
- To enable Costebelle Villas to fulfil its commitments
to owners and agents, the balance of the booking price must be paid
at least 4 weeks prior to the arrival date failing which Costebelle
Villas reserves the right to treat the booking as cancelled and cancellation
charges will apply (see clause 22), or Costebelle Villas may make
a late payment charge of up to 2% of the overdue balance. If booking
within 4 weeks of arrival the full amount is payable on booking.
- Costebelle Villas will accept payments made by
third parties (such as other members of your party), provided they
are identified as payments made under this contract. Any repayments
which may become due from Costebelle Villas will be made to you.
- All foreign bank transfers will be charged an
additionnal set price of 20 Euros per transfer.
The Property
- You agree to:
A. treat the property with care and consideration and report
any damage or breakages to the local representative or agent prior
to departure or, if significant, as soon after its occurrence as possible.
B. ensure that no member of your party behaves in a manner
likely to cause damage to the property or its contents or offence,
danger or distress to others.
C. leave the property clean and tidy at the end of the rental
period otherwise a final cleaning charge will be made.
D. permit only those listed on the booking form to reside in
the property and not to sublet or assign the property or any part
of it, nor to exceed the maximum number of people permitted to reside
there (as stated in the property details or otherwise agreed by Costebelle
Villas in writing). Every additional person can be either refused
or submitted to extra charge. The parking of caravans or pitching
of tents is forbidden. Pets are not permitted unless agreed by Costebelle
Villas in writing.
- In the event of a breach of clause 8b) or 8d)
above, Costebelle Villas or its representative reserves the right
to ask you to vacate the property and the contract will terminate
without refund or compensation. In the case of over occupancy an additional
pro-rata rental charge may be made in lieu.
- Costebelle Villas or its representative shall
be entitled to inspect the property after giving reasonable notice
to you, but no notice will be required if a breach of these terms
is suspected or if emergency repairs are required.
Security Deposit & Insurance
- A security deposit is required for all bookings
(as an indemnity against breakages, loss or damage to the property
its fittings, fixtures or contents, telephone calls and other applicable
charges). Costebelle Villas will normally be stakeholder for this
deposit, in which case it will be payable with the final balance and
held to the order of the agent or owner. If the local agent requires
it to be paid on arrival we will advise you. In all cases, the security
deposit must be lodged prior to handover of keys. Your liability is
not limited to the amount of the security deposit and you should ensure
that you are adequately insured. The security deposit, less applicable
deductions, will be returned to you by Sterling cheque as soon as
we are authorised by the agent or owner. Deductions will be converted
to Sterling at the prevailing tourist exchange rate.
- You must have insurance cover for at least the
following risks: a) liability for accidental damage to the property;
b) cancellation; c) medical & emergency expenses. Personal possessions
are not covered by property owners insurance.
Arrival & Departure
- You must check-in between 4pm and 6pm on the
arrival date (unless special arrangements are agreed in advance) and
check-out between 8am and 10am on the departure date (all times are
local French time). An additional charge may be made for arrival or
departure outside these times.
Dissatisfaction
- The descriptions of the accommodations have been
prepared in good faith. Costebelle Villas will inform you of any significant
changes at the time of booking or as soon after as possible if you
have already booked, but shall not be liable for any minor or insignificant
inaccuracy in such descriptions and information.
- If any dispute or complaint arises whilst you
are on holiday you should promptly inform the local representative
or agent to allow them an opportunity to rectify the matter. If you
are not satisfied with the solution offered you should contact Costebelle
Villas by phone or fax within 48 hours. This lack of notification
will lead us to the conclusion that the complaint sent later was due
to a minor problem that should not hold a right to any damages or
compensation at all.
Liability
- Costebelle Villas accepts no liability for the
illness, injury or death of any person, unless of a person named on
the booking form and caused by the proven negligent act of its employees,
agents, suppliers or sub-contractors whilst acting in relation to
the arrangements covered by the booking contract, provided that we
are notified within 48 hours of the event and all claims are made
within 28 days of the scheduled end of the rental period.
- Costebelle Villas accepts no liability for loss
or damage to personal effects unless caused by its proven negligence.
- All tickets issued and bookings and other arrangements
made by Costebelle Villas with third parties are subject to the terms
and conditions imposed by those third parties.
- Children should be monitored at all times and
you should verify the suitability of equipment, particularly children's
cots, high-chairs and other items, for the purpose you intend to put
it as Costebelle Villas cannot accept liability. Swimming pools do
not have depth markings and you should check the water depth before
using the pool. Diving into the swimming pool is at your own risk.
While some sort of security measure should be in place, please check
the level of protection to suit your party at the time of booking.
Costebelle Villas cannot accept liability for the compliance of the
protective measures taken by the property owners. The presence of
animals or insects is inevitable in the South of France and Costebelle
Villas cannot accept responsibility unless this represents an unusual
and dangerous nuisance.
Staffing & Equipment
- Where you have asked Costebelle Villas to arrange
additional staffing, services or equipment for which Costebelle Villas
makes no charge, this is done on the basis of a private arrangement
between you and the supplier and payment must be made direct to the
supplier. You authorise Costebelle Villas to deduct from your security
deposit the amount of any unpaid bills for such arrangements.
Changes & Cancellation
- Costebelle Villas would like to bring to your
attention the consequences of the cancellation of an individual house
rental: as each one is unique, the rental act cannot be compared to
the usual hotel booking or any other tourist services, and the letting
commitment from the agency towards an owner or a specialized provider
cannot be challenged over a given period of time.
- Prior to issuing the booking confirmation Costebelle
Villas reserves the right to make any changes to the accommodation
offered or to prices.
- Cancellation by you of your booking must be in
writing signed by you. The effective date of cancellation shall be
the date of receipt by Costebelle Villas of the written notification.
Unless otherwise notified, the following percentages of the total
price are payable by you in the event of your cancelling depending
on when notification is received: more than 28 days before arrival
date - 30%; 28 days or less before arrival date - 100%.
- If you request any changes to your booking Costebelle
Villas will endeavour to comply, but cannot guarantee to be able to.
An administration charge may be payable. If Costebelle Villas is unable
to make the change you will remain liable under the contract.
- Costebelle Villas may be subject to changes imposed
on it by third parties. If it is necessary for Costebelle Villas to
make a significant change to your booking arrangements after the booking
confirmation has been issued you may, i) accept the change and any
price difference; or, ii) cancel and receive a full refund of monies
paid (excluding insurance premiums). Except where covered by clause
26, Costebelle Villas will also pay you reasonable compensation of
3% of rental monies paid.
Force Majeure
- Costebelle Villas cannot accept any liability
for compensation where performance or prompt performance of its contractual
obligations is prevented or affected by reasons outside its control
or by circumstances amounting to force majeure nor for any failures
in the supply of public services, plumbing or sewage systems or domestic
equipment (but will endeavour to arrange prompt repair). The breakdown
of a domestic appliance and the delay in obtaining the services of
a technician or a part during the high season does not lead to a specific
compensation since they should be considered as incidents of the same
kind as those that could occur in one's own home.
Law
- These terms & conditions and the contract to
which they apply are governed in all respects by French law and the
French courts only shall have jurisdiction in relation to them, with
no novation or derogation from this jurisdiction clause.
|
|
|
