Updated on 01/10/2018
TERMS AND CONDITIONS OF BOOKING
Submitted in particular to articles R.211-3 to R211-13 of the Tourism Code.
These general and special conditions apply to sales of furnished rentals provided by Enjoy Provence, agent of the lessor. This document and its references set out the lease within the meaning of Articles 1713 et seq. Of the Civil Code. These general and specific sales conditions take precedence over any other prior conditions or any general conditions of purchase of the customer/lessee. They are presented in all languages of the site and are subject to acceptance by the customer/lessee, in the purchase process at the time of payment. The client/lessee acknowledges that clicking the box "I have read and I accept the GTC" is worth signing the rental agreement. Validation by the customer/lessee of his order implies acceptance, on the one hand, of these general and specific conditions, fully and without reservation, and, on the other hand, the description of the rented premises worth the inventory. In case of online booking, the data recorded by Enjoy Provence on the site enjoy-provence.fr constitute proof of all transactions between Enjoy Provence and its customer/lessee. The data recorded by the payment system is proof of financial transactions. The acceptance of cookies is essential for any purchase on enjoy-provence.fr. Enjoy Provence reserves the right to cancel any order from a customer/lessee with whom there is a payment dispute without the latter being able to claim any compensation for any reason whatsoever.
It has been agreed between the parties that the Lessor shall rent to the Lessee the tourist furnished accommodation as described below under the following conditions:
2. Housing designation
3.Duration of the seasonal rental
4. Rental price and charges
5. Tourist taxes6. Booking
7. Security Deposit
8. Assignment and subletting
9. Inventory and inventory
11. Obligations of the customer/lessee
13. Cancellation / modification
14. Abandonment of stay
16. Termination of right
17. Disputes, amicable or judicial resolution
18. Election of domicile
1. Object :
Each contract is concluded as tourist accommodation. Also, customer/lessee can not use apartments, villas or any other accommodation as a main or secondary home. They must not engage in any commercial, craft or professional activity. The Act of 6 July 1989 on residential leases cannot be applied to sales contracts between Enjoy Provence and its customer/lessee, particularly as regards the maintenance of the premises. Accordingly, the contract will be governed by the provisions of the Civil Code, the Code of Tourism, the Consumer Code and by the conditions provided for herein.
For the sake of precision, the right of withdrawal of the consumer, provided for in the Consumer Code, is not applicable for "services of accommodation, transport, catering, leisure services that must be provided on a date or according to a determined periodicity. Thus, the right of withdrawal is not applicable to all contracts concluded with Enjoy Provence.
2. Housing designation:
The designation of the accommodation and its precise description can be found on the product booking page of the enjoy-provence.fr website. Each unit will be made available to the resident in good condition. Also, the customer/lessee will have to use reasonably the rented places and their installations. All housing presented to customers comply with French safety standards and are regularly monitored. They are equipped for tourist stays. In the description is specified systematically the maximum number of beds in each rental. In no case may the accommodation be occupied by more than the number indicated in the contract.
In the accommodations where equipment such as communal or private swimming pools, saunas, whirlpools, games, weight room or even, where are offered certain ancillary activities in collaboration with other service providers, the customers must first ensure that they are in good physical condition, in good health and able to use or participate in them. They will also have to make sure that they are aware of the instructions for use, maintenance and safety, have understood them and comply with them. If these instructions have not been respected or more generally in case of fault of the users, the bailor or his representative declines any responsibility for damage, loss or injury of such users. Enjoy Provence reserves the right to forbid access to these facilities or services to any person refusing to comply with the rules of operation and safety.
3. Duration of the lease:
The duration of the rental is established by the customer/lessee on the product reservation page of the website enjoy-provence.fr. At the beginning of the lease, the lessor or his agent will give the customer/lessee the keys and the instructions relating to housing. The entrance to the accommodation is from 16:00. In case of late arrival (that is to say after 20:00), the customer/lessee must inform the person in charge of the site and agree directly with him an hour of arrival or access to the accommodation. At the end of the rental, the customer/lessee expressly agrees to have fully paid up the accommodation by 11:00, and to return the keys to the lessor or his agent. for any subsequent departure, an additional day will be charged.
4. Rental price and charges:
The Parties have agreed to fix the rent from the product's booking page of the enjoy-provence.fr website for the full duration of the rental described in paragraph 2. All orders, regardless of their origin, are payable in euros. Prices are per accommodation and per night unless otherwise stated. The tourist tax is calculated automatically on the product reservation page of the enjoy-provence.fr website. Our product offers and prices are valid as long as they are visible on the site mentioned above in case of Internet booking, or when requesting information by phone or e-mail. The rent above includes, for the duration of the lease, the payment of the rental charges and available supplies recalled hereafter:
- City water / Garden water;
- Bottle gases;
- Air conditioning ;
- Internet access ;
- Linen (per bed: 1 set of sheets, pillowcase, duvet and duvet cover, 1 set of towels and bath per person)
- Cleaning (before arrival and after departure the customer/lessee);
- Maintenance of green spaces
The lessor or his agent will give the customer/lessee a receipt for any payment made.
5. Tourist taxes:
The taxes of stay come to be added to the tariffs on the page of reservation of the product of the website enjoy-provence.fr. Their amounts, calculated per person and per night, are fixed by the Municipal Councils. They commissioned Enjoy Provence to collect them from the customers and to donate them.
In order to proceed with the booking of the accommodation, the customer/lessee pays 30% of the full price of the rental when the booking is made at least 7 days prior to the check-in date. The remaining amount has to be paid at the check-in date at the latest. When the booking is made less than 7 days prior to the stay, the customer/lessee pays the entire amount.
7. Security deposit:
No deposit is required. This being the case, during the stay, the customer/lessee is, by right, held responsible for any broken or damaged object and any damage that may result or be caused to the installations.
8. Assignment and subletting:
This lease is concluded intuitu personae for the benefit of the only customer/lessee identified when booking on the enjoy-provence.fr website. Any assignment of this lease, any sub-lease total or partial, any provision - even free - are strictly prohibited. The customer/lessee cannot leave the layout of the premises, even free of charge and/or by loan, to a person outside his home.
9. Inventory and Inventory:
An inventory and an inventory of the furniture made available are given to the customer/lessee upon entry into the dwelling. If the inventory and inventory are not established and signed by the lessor, or his representative, and the customer/lessee simultaneously (inventory and contradictory inventories), the inventory of fixtures and the inventory made by the lessor or his agent alone and given to the customer/lessee upon entering the dwelling will be contestable by the customer/lessee within 48 hours of entering the dwelling. In the absence of dispute by the customer/lessee within this period of 48 hours, the inventory and inventory made by the lessor or his agent and communicated to the customer/lessee on his entry into the premises will be deemed accepted without reservation by the taker.
An inventory and inventory will be established by the Parties at the end of the lease, each retaining a signed copy.
In the absence of inventory and / or inventory at the end of the lease or if the customer/lessee establishes the inventory and/or the inventory at the end of the lease, the absence of contestation by the lessor or his agent in the 48 hours following the end of the rent will be worth restitution of the places in good state and / or complete inventory.
The responsibility of the lessor or his representative cannot be held liable for theft or damage to personal belongings, present in the housing including in individual chests, car parks and any other dependencies or annexes of the accommodation. The provisions of the Civil Code (article 1952 and following) relating to the civil liability of hoteliers will not be applied to this. Similarly, no liability can be held against the lessor or his agent in the practice of sports or other activities, organized locally or not, in case of injury, illness or death suffered by a customer/lessee.
The lessor or his agent will not be responsible for fortuitous events of force majeure or nuisance disturbing, interrupting or preventing the stay. The customer must verify that he has taken out a comprehensive insurance and civil liability insurance and an extension of his home insurance with a company known to be solvent, which he must be able to justify at the first request of the lessor or his agent.
- Minors under 18 years of age are under the sole and complete responsibility of their parents or companions for the duration of their stay apart from any other agreement.
11. Obligations of the customer/lessee:
The customer/lessee will peacefully use the rented accommodation and the furniture and equipment according to the destination which was given to them on the page of reservation of the product of the website enjoy-provence.fr. and will respond to damage and losses that may occur during the term of the contract in the premises of which he has exclusive enjoyment. The customer/lessee will maintain the rented accommodation and will make it in a good state of cleanliness and rental repairs at the end of the contract. If items in the inventory are broken or damaged, the lessor or his agent may claim their replacement value. The customer/lessee must avoid any noise likely to annoy the neighbors. The customer/lessee will not be able to exercise any recourse against the lessor or his agent in case of theft and depredation in the rented premises. The customer/lessee will respect the maximum number of people who can enter the premises, in accordance with the description of the product reservation page of the website enjoy-provence.fr. The customer/lessee may not oppose the visit of the premises during the rental period if the lessor or his agent makes the request.
Any claim during the stay of the customer/lessee must be reported immediately to Enjoy Provence, the agent of the lessor, to resolve the problem as quickly as possible. If it can not be resolved on site, the customer/lessee must send a letter within 28 days of arrival detailing the claim. After this period, no claim will be taken into account and will be automatically foreclosed.
13. Cancellation / modification:
Acceptance of the contract binds both parties irrevocably. No cancellation/modification is possible without the written agreement of the parties. If the customer/lessee waives the rental, he remains liable for the full rent.
14. Abandonment of stay:
The customer/lessee cannot claim any compensation or reimbursement if he abridges or interrupts his stay for any reason whatsoever (including strike, medical repatriation, etc.). Any unused service will not be refunded.
The customer/lessee has taken out a multi-risk insurance to protect himself against the rental risks (water damage, fire ...) and civil liability when booking on the website enjoy-provence.fr. A copy of the insurance policy may be requested by the lessor or his agent to the lessee upon his entry into the premises.
16. Termination of right:
In the event of a breach by the customer/lessee of one of the contractual obligations, this lease will be terminated automatically. This termination will take effect after a period of 6 hours after a simple summons by letter delivered by hand.
17. Disputes, amicable or judicial resolution:
Before initiating any legal proceedings, the contracting parties undertake to attempt to settle their dispute amicably. To do this it is recalled that the Parties have the possibility of using a consumer mediator in accordance with Article L111-1 of the Consumer Code. In the event of failure to settle their dispute amicably, the parties will take care of seizing the competent court.
18. Election of domicile:
For the execution hereof, the lessor or his agent and the customer/lessee elect domicile in their respective homes. However, in case of dispute, the landlord's housing court will have sole jurisdiction. This contract and its consequences are subject to French law.