General booking and specific conditions
The current terms and conditions are applicable in relation to the organisation of the sale of trips, stays and/or packages, in compliance with articles L. 211-1 et L. 211-2 of the French Code of Tourism.
In accordance with article R. 211-12 of the French Code of Tourism, the applications of the articles R. 211-3 to R. 211-11 of the aforesaid code, are set out below :
Article R.211-3
Subject to exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any services of offer and sale of trips or holidays give rise to the handing over of appropriate documents that meet regulations defined in this section. In the case of air transport ticket sales or regular line transport tickets that are not accompanied with services linked to this transport, the vendor issues one or several tickets to the purchaser for the entire trip, issued by the transporter or issued under the transporter's liability. In the case of transport by request, the name and address of the transporter, on whose behalf the tickets are issued, must be detailed. Separate invoicing of different elements of the same tourist package does not lead to the vendor being exempt from obligations arising from the statutory provisions of this section.
Article R.211-3-1
Exchange of pre-contractual information or the availability of contractual conditions is carried out in writing. This may take place by electronic means under conditions of validity and performance as provided for in Articles 1369-1 to 1369-11 of the Civil Code. The vendor's name or corporate name and address are mentioned as well as the registration number as provided in Article L. 141-3 or, if applicable, the name, address and registration details of the federation or union mentioned in the second paragraph of Article R. 211-2.
Article R.211-4
Prior to entering into a contract, the vendor must provide the consumer with information on the prices, dates and other constituent elements of the services supplied during a trip or holiday, such as :
1° the destination, means, features and category of transport used;
2° the accommodation, its location, degree of comfort and main features, its approval and tourist rating corresponding to regulations or customs in the country to be visited;
3° catering services offered;
4° description of the itinerary if the service purchased is a tour;
5° administrative and health formalities to be completed, and the deadlines within which they should be completed, by nationals or citizens of other member countries in the European Union or another State that is part of the agreement on the European economic space, especially in cases where borders are crossed;
6° visits, excursions and other services included in the fixed price or possibly available at further cost;
7° the minimum and maximum number of participants enabling the trip or holiday to take place and, if the trip or holiday is subject to a minimum number of participants, the deadline upon which the consumer should be informed of the cancellation of the trip or holiday; this date may be set at no less than twenty-one days before the due departure date;
8° the amount or percentage of price to be paid as a down payment upon entering the contract and the schedule established for the payment of the balance due;
9° the terms upon which prices may be revised, as provided for in the contract pursuant to Article R. 211-8;
10° contractual cancellation terms and conditions
11° cancellation terms and conditions set out in Articles R. 211-9, R. 211-10 et R. 211-11;
12° information concerning the optional taking out of an insurance policy covering the consequences of certain specific risks, particularly repatriation costs in case of accident or illness;
13° when the contract includes air transport services, information for each leg of the flight, as provided for in Articles R. 211-15 to R. 211-18
Article R211-5
Prior information given to the consumer binds the vendor, unless in this information the vendor expressly reserves the right to modify certain elements. The vendor should, in this case, clearly indicate how this modification may intervene and what elements may be affected. In any case, modifications made to prior information should be communicated to the consumer before the contract is entered into.
Article R.211-6
The contract entered into between the vendor and the purchaser must be written, drawn up in two examples, one of which is handed to the purchaser, and signed by both parties. When the contract is entered into electronically, Articles 1369-1 to 1369-11 of the Civil Code are applied. The contract must include the following clauses :
1° the name and address of the vendor, its managing director and insurance company as well as the name and address of the organiser;
2° the destination or destinations of the trip and, in the case of split holidays, the different periods and dates;
3° the means, features and categories of transport used, the dates and points of departure and return;
4° the accommodation, its location, degree of comfort and main features, its approval and tourist rating corresponding to regulations or customs in the country to be visited;
5° catering services offered;
6° description of the itinerary if the service purchased is a tour;
7° visits, excursions and other services included in the total price of the trip or holiday;
8° the total price of services invoiced and the indication of any possible revision of this invoice on the strength of provisions in Article R. 211-8 ;
9° the indication, if necessary, of charges or taxes relating to certain services, such as landing, disembarking or boarding taxes in airports and ports, visitor's occupancy tax when this has not been included in the price of the service or services supplied;
10° the schedule and methods of payment of the price; the last instalment made by the purchaser may not be less than 30% of the price of the trip or holiday and must be made at the time the documents enabling the trip or holiday to be undertaken are handed over to the purchaser;
11° particular terms and conditions requested by the purchaser and accepted by the vendor;
12° the method according to which the purchaser may make a claim against the vendor for the non-performance or incorrect performance of the contract; such a claim being sent as soon as possible by any means enabling a proof of delivery to the purchaser be obtained, and, if necessary, notified in writing to the organiser of the trip and service provider concerned;
13° the deadline when the purchaser is notified if the trip or holiday is cancelled by the vendor in cases when the trip or holiday is reliant upon a minimum number of participants, in compliance with provisions in paragraph 7 of Article R. 211-4;
14° contractual cancellation terms and conditions;
15° cancellation conditions set out in Articles R. 211-9, R. 211-10 and R. 211-11 ;
16° details concerning the risks covered and the amount of guarantees in the insurance policy covering the consequences of the vendor's professional public liability;
17° information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the purchaser (policy number and name of the insurer), and information concerning the assistance contract covering certain particular risks, and particularly repatriation costs in case of accident or illness; in this case, the vendor must give the purchaser a document at least detailing the risks covered and risks excluded;
18° the deadline on which the purchaser must inform the vendor of any transfer of contract;
19° the undertaking to supply the purchaser, at least ten days before the anticipated date of departure, with the following information:
a) the name, address and telephone number of the vendor's local representative, or, failing this, the names, addresses and telephone numbers of local organisations likely to help the consumer should any difficulties arise, or, failing this, an emergency telephone number in order to contact the vendor;
b) for trips and holidays abroad for minors , a telephone number and address providing direct contact with the child or the person in charge on the site of his/her holiday;
20° the cancellation clause and reimbursement without penalties of the sums paid by the purchaser should the obligation of information set out in paragraph 13 of Article R. 211-4 not be met;
21° the undertaking to supply the purchaser with the departure and arrival times in due course before the start of the trip or holiday.
Article R.211-7
The purchaser may transfer his/her contract to a transferee who meets the same conditions as him/her to go on the trip or holiday, as long as this contract does not produce any effect. Unless more favourably stipulated to the transferor, the latter should inform the vendor of his/her decision by any means that enables a proof of delivery to be obtained at least seven days before the start of the voyage. When the service sold is a cruise, this deadline is fifteen days. This transfer is not subject, in any case whatsoever, to prior authorization from the vendor.
Article R.211-8
When the contract includes an express possibility of price revision, within limits set out in Article L. 211-12, it should mention the precise method of calculation, for both increases and decreases, in price variation and particularly for the amount of transport charges and related taxes, the currency or currencies that may have an implication on the price of the trip or holiday, the part of the price to which the variation is applied, the rate of the currency or currencies applied as a reference when establishing the price detailed in the contract.
Article R.211-9
When, before the purchaser's departure, the vendor is obliged to modify one of the elements that is essential to the contract, such as a significant price increase, and when the vendor disregards the obligation of providing information mentioned in paragraph 13 of Article R. 211- 4, the purchaser may, without prejudice to any recourse for compensation for any possible damages suffered, and after having been informed by the vendor by any means that enables proof of delivery to be obtained:
either terminate his/her contract and obtain without penalty the immediate reimbursement of amounts paid;
or accept the modification or the substitute trip proposed by the vendor; a rider to the contract detailing the appropriate modifications is then signed by the parties; any reduction in price is deducted from the amount that may still be due by the purchaser, and, if the payment already made exceeds the price of the modified service, the excess shall be restored to the purchaser before departure.
Article R.211-10
In the case provided for in Article L. 211-14, when, before the purchaser's departure, the vendor cancels the trip or holiday, the latter should inform the purchaser by any means that enables proof of delivery to be obtained; the purchaser, without prejudice to any recourse for compensation for any possible damages suffered, obtains immediate reimbursement, without penalty, of sums paid from the vendor; in this case, the purchaser receives an allowance that is at least equal to the penalty they he would have had to pay if the cancellation had been made by him/her on that date. Provisions of this article do not, in any case whatsoever, obstruct the conclusion of any amicable agreement for a substitution trip or holiday proposed by the vendor and accepted by the purchaser.
Article R.211-11
When, after the departure of the purchaser, the vendor is unable to supply a predominant part of the services provided for in the contract that represent a sizeable percentage of the price paid by the purchaser, the vendor must immediately make the following arrangements without prejudice to any recourse for compensation for any possible damages suffered:
either offer services to replace the anticipated services by possibly bearing any price supplement and, if the services accepted by the purchaser are of an inferior quality, the vendor should reimburse the difference in price to the purchaser, upon his/her return;
or, if no replacement services are proposed or if these are refused by the purchaser for valid reasons, to supply the purchaser at no extra cost, transport tickets in order to ensure his/her return, in conditions that may be deemed to be equivalent, to the point of departure or to another place accepted by both parties.
The provisions of this article are applicable should the obligation set out in paragraph 13 of Article R. 211-4 not be met.
SPECIFIC SALES CONDITIONS
Last updated : 16-06-2015
General Information
Absence of the right of withdrawal
In accordance with article L.121-21-8 of the Consumer Code, the right of withdrawal is not applicable to service providers in the fields of accommodation due to be provided at a specific date or period (unless the parties have agreed otherwise and this is not the case). It is therefore expressly stated that the tenant will not be entitled to any right of withdrawal.
Commercial offer
This present web-site constitutes the pre-conditional offer in accordance with the articles R. 211-5 et R. 211-6 of the Code of Tourism. France Sweet Villas however reserves the right to modify certain services offered, according to the conditions set out in article R211-6 above. The reservation of a stay implies that the present specific conditions are accepted. A printing error is always possible or the variations in economic conditions can lead to a modification of prices before the confirmation of the contract. Your attention is drawn to the fact that the buildings and swimming pools are liable to look different when photos are taken with a wide-angle lens. Photos are only given by way of example and cannot be considered legally binding. Surface areas of villas, bedrooms, swimming pools, etc. are approximations and given only as a rough estimation. We cannot be held responsible for any road works or building work undertaken by the commune or by private individuals, near the sites rented out
Our prices
Prices indicated are in euros. Payment of your stay is to be made in euros. For all reservations, a handling fee of 20 €, will be made to cover administrative costs. This fee comes on top of the price indicated on our web-site. All the prices given are after tax and include the VAT, at the current rate.
Any further modification in the current rate of VAT or the creation of any new taxes on the services presented in this brochure, occurring between the moment when the prices are fixed and the moment of billing, will automatically alter the final price, including tax.
Our prices do not include electricity and / or heating which can be extra (see the description of the house). Likewise with firewood for houses with a fireplace. If you wish to rent Comfort Kit (sheets, towels and possibly pool towel), you should reserve it at the same time as the rental. Certain house accepts the presence of a pet with a supplement. Final cleaning is compulsory. All charges are to be paid on site directly to the owner or the key holder according to the consumption noted or according to a fixed price determined on the description. Please note that tourist taxes are included.
Reservation
Any reservation request must be accompanied by a deposit of 25% of the total amount of your stay, the handling fee and the full amount of insurance if applicable. The remaining amount should be paid 30 days before the start of your stay, without any reminder on our part, failing which we may consider your booking to be cancelled, and may charge the contractual cancellation fees, as set out below. In the case of reservations made less than 30 days before the beginning of the stay, the full amount is required on reservation. Most of our stays include 7 nights, from Saturday to Saturday. You are reminded that any accommodation, intended to be rented out to a certain number of people may not under any circumstances be used by a greater number. The dates and prices of the stay are confirmed by e-mail after payment of the 25% deposit. After payment of the total cost of your stay, you will have access to your travel documents by clicking on the "MY ORDER" pad. In case of online payment by credit card, a confirmation by email will be sent to you within 48 hours to validate the booking definitively. For all other types of payments, any booking request will be validated upon receipt of the deposit and a copy of the signed booking form.
Special offers
Under no circumstances can special offers and reductions have a retro-active effect.
Animals
A pet can be allowed in some houses with an extra to be paid upon arrival. They must not cause a nuisance to other clients (noise, hygiene, smell...). Animals are strictly prohibited into the swimming pools. Dangerous or aggressive animals, as well as "exotic pets" are not allowed. Please bring with you the animal's health record.
Foreign nationals
Please obtain information from the consulates of each country as to visas that may be required. We are not responsible for those who do not comply with currently applicable regulations.
Transfer of contract
If you transfer your contract, you should inform us by registered letter, with acknowledgement of receipt, 7 days at the latest before the beginning of your stay, indicating the personal details of the beneficiaries and ensure that they fulfil the conditions necessary to your particular stay.
Arrival and departure
It is up to the owner, or the key holder, to welcome tenants for check-in. The tenant must therefore advise the owner of the exact day and the approximate time of arrival ; even more so, this notice is imperative if the arrival does not take place on the date indicated on the booking form. In general, the arrival appointment will be at a reasonable time of day, and unless otherwise stated, at the address of the rental. If the tenant does not show up at the appointed time and has not informed the key holder of the reasons for his absence, he will lose all rights to the rental. In this case, the owner or the key holder can immediately re-rent under the best conditions.
ARRIVAL : Afternoon between 4pm and 6pm.
DEPARTURE : Morning between 8am and 10am. Notify to the key holder 48 hours in advance.
Deposit
For all furnished rentals a security deposit is required. This deposit is handed over to the owner or the key hoklder upon arrival at the house. It will be returned at the end of the stay or, at the latest, within one week after the end of the stay, less any expenses and damages. It is the tenant's responsibility to obtain the refund of the amount or the security deposit. Under no circumstances should the agency be held responsible for that amount. Upon arrival, you should check that the entire rental and dependencies are in accordance with what has been described. For any problem concerning the house, the tenant must contact the key holde. In the event of any objection, the agency should be contacted immediately within 72 hours. Failure to pay this deposit will result in you being denied access to the property and this will be considered as cancellation without possibility of refund.
Equipment
The house must have kitchen equipment, dishes, furnishings, and bedding. The owner is responsible for the quality and the quantity of this equipment which must be related to the number of persons stipulated in the contract (the garden furniture and swimming pool transats are not necessarily of the same number as the number of authorized persons as access to the house). The premises will be delivered to the tenant in perfect condition and the machines in working order. It must also give them back in the same condition. If it is not so, a special cleaning or repair fee would be charged. The client shall absolutely refrain from throwing clogged articles and detergents into septic tanks, sinks, baths, bidets, toilets, failing which he shall be liable for the expenses incurred, rehabilitation of these facilities. You will have to strictly follow the owner's instructions for the maintenance and use of the swimming pool. (Please note : in certain low season periods, pools may be empty). Before leaving, the tenant must return all the pieces of the furniture to the place where they were on arrival. Neither the owner nor the agency can be responsible for any irregularities that may occur in the water, electricity or internet connection services and disclaim any liability for lack of enjoyment not arising out of them.
Obligations of the owner
The owner is fully responsible for the supply of the property and ensures that the property meets the standards of construction, compliance, safety and health. It is up to the owner, or the key holder, to welcome tenants for check-in on the appointed day. Generally, departures take place before 10 am and arrivals after 4 pm so that the owner or his representative can carry out the cleaning of the house and check all the utensils like furniture, complete supply of kitchen equipment, garden and swimming pool. The Agency shall not be liable in the event that changes affecting the premises or its environment if the changes have not been brought to its attention by the owner on the date of booking or would take place between the time of the booking and entry into the premises of the tenant. In this lease, as the marketing role of the Agency is limited to that of intermediary between the parties, its liability can not be incurred by the owner or the tenant. In the same way, work, construction sites, various events of private origin or public authority can not be opposed to the agency because inconvenience to the residents who they have rented or not through the agency.
Obligations of the tenant
The tenant must act as a good householder and ensure the proper maintenance of the premises. Exceptional events (weddings, receptions ...) remain subject to the prior agreement of the owner. These premises must be returned in clean condition. The cleaning service of ordinary maintenance, to be payed by the tenants, must make it possible to restore it to its original state. If, due to the state of cleanliness in which the property is left, the ordinary household provision provided for is insufficient, the owner is authorized to take the necessary measures to remedy it and to charge the corresponding costs on the deposit. Unless otherwise agreed by the owner, the number of people provided for in the contract can not be exceeded, and the provision of additional beds is not allowed. Similarly, it is forbidden to pitch tents in the garden or to park caravans there. In case of the customer’s no-appliance with these commitments, the owner may apply proportional compensation and in this case charge it to the balance of the security deposit. The tenant agrees to always rent again through our organization whenever he wants to occupy the same rental.
Cancellations and modifications
We require written confirmation for any cancellation or modification by written confirmation by registered letter, with acknowledgement of receipt. In all cases the amount of the reservation costs will be retained, plus the following contractual cancellation fees :
- 50 € cancellation charge, for a cancellation more than 60 days before departure.
- 25% of the total cost of the stay for a cancellation between 60 and 30 days before departure.
- 50% of the total cost of the stay for a cancellation between 29 and 15 days before departure
- 100% of the total cost of the stay for a cancellation less than 15 days before departure or failure to appear on the arrival date.
No reimbursement can be made for any stay that is interrupted or shortened for any reason whatsoever.
No liability shall be accepted for loss of documents or any additional expenses due to delays or changes in the services of trains, ships, aircraft or other means of transport, diseases, quarantine, strikes, inclement weather, civil disturbances, war or other causes. Any additional losses or expenses must be borne entirely by the tenants. Any interrupted or abridged stay, or any service not consumed, whatever the cause, does not give rise to any refund.
Responsibility
We wish to bring to your attention the fact that, in accordance with the present ruling, the rental in a holiday complex or villa does not come into the domain of the responsibility of the agency. Consequently France Sweet Villas cannot be held responsible for the loss, theft or deterioration of any personal belongings in our residences or villas, whether in the apartments, car parks or in communal parts of the building (ski lockers, bicycle sheds etc.).
We wish to remind you that you are responsible for the security of the apartment or villa during your stay and that you must be aptly ensured. Taking certain precautions might avoid you possible unpleasant consequences: close large windows before leaving your apartment, room or villa, don't forget to lock your door. You are reminded that Odalys cannot accept responsibility for any personal belongings left in your apartment, room, house or villa when vacating the premises.
Repatriation - Assistance - Cancellation insurance
Our price does not include travel insurance.
A special rental insurance has been offered by the agency. It is optional and it guarantees you for cancellation, luggage, repatriation assistance, interruption of stay and civil liability. You acknowledge that you have read the terms and conditions and, in the event of a refusal to subscribe to the agency, undertake to be able to provide a document proving similar coverage with another insurer. (click to download the full conditions of the April insurance policy).
Complaints
Any complaints concerning a stay, should be sent by registered letter, within 30 days following the stay, to the following address : France Sweet Villas –19 rue Syrah, 11440 PEYRAC DE MER – France. After this deadline, the claims can not be taken into consideration. In the event of a dispute, the Tribunal de Narbonne shall have sole competent jurisdiction.
