1. Purpose
These general terms and conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by our establishment, the contact details of which are specified in this reservation confirmation document. They govern all the steps necessary for the reservation and the follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general terms and conditions of sale and the conditions of sale of the reserved rate accessible on our reservation platform. These general terms and conditions of sale apply to all reservations concluded online, via our reservation platform.
2. Reservation
The customer chooses the services presented on our reservation platform. He acknowledges having read the nature, destination and booking terms of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make his booking with full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability for his needs, such that our liability cannot be sought in this regard. The booking is deemed to have been accepted by the customer at the end of the booking process.
Only adults over 30 years old can contract for a seasonal rental.
3. Booking process
Reservations made by the customer are made via the electronic reservation form accessible online on our reservation platform. The reservation is deemed to be made upon receipt of the reservation form. The customer undertakes, prior to any reservation, to complete the information requested on the reservation form or request. The customer certifies the truthfulness and accuracy of the information transmitted. After the final choice of the services to be reserved, the reservation procedure includes in particular the entry of the bank card in the event of a request for a guarantee or prepayment, the consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate before the validation of the reservation and, finally, the validation of the reservation by the customer.
4. Acknowledgement of receipt of reservation
Our booking platform acknowledges receipt of the customer's booking by sending an email without delay. In the case of online booking, the acknowledgement of receipt of the booking by email summarizes the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the customer, the date of the booking made, the information relating to the after-sales service, as well as the address of the seller's establishment to which the customer can submit their complaints.
5. Arrival and Departure
The start of the rental is effectively at the earliest at the arrival time indicated by the owner and when all sums due have been paid.
The arrival and departure time slots are indicated in the contract.
Final times will be decided by the owner and confirmed by email.
6. Duration
The tenant accepting the contract, concluded for a period determined by the reservation, may not under any circumstances claim any right to remain in the premises upon expiry of the period initially provided for in this contract.
7. Number of occupants
The number of tenants cannot exceed the total capacity, including babies or children sleeping in travel cots.
The number of tenants actually present must correspond to the number indicated in the contract. In the event of non-compliance, a deduction may be made from the security deposit for a minimum flat rate of €250.
However, an excess may be granted exceptionally by the owner. In this case and taking into account the additional costs caused by the change in the number of occupants, a supplement may be calculated in proportion to the number of people.
The owner must be informed of any possible access to the accommodation by third parties, including for daytime visits.
8. Animals
Animals are not accepted for reasons of hygiene and allergies, except with exceptional agreement for a single animal and under conditions (do not go on mattresses/sofas, no excrement/pee in the garden, no nuisance for neighbors, etc.).
In the event of non-compliance with this clause by the tenant, the owner or his representative will refuse the stay and no refund will be made.
9. Swimming pool
By renting the house, tenants accept the instructions for use, maintenance and safety of the pool, and release the owners from any liability in the event of a problem. Children are under your responsibility for the entire duration of the rental.
10. Insurance
The tenant is responsible for all damage and deterioration caused by him, as well as any loss of equipment.
A security deposit of €500 is required and will be returned by bank transfer within 7 days of departure.
The tenant undertakes to take out insurance against rental risks (fire, water damage, etc.) and personal injury, and against damage of any nature likely to incur liability.
A Civil Liability certificate will be required for all rentals.
The certificate must mention the address of the rented house and the rental period.
Failure to provide insurance, in the event of a claim, will give rise to damages.
The owner undertakes to insure the accommodation against rental risks on behalf of the tenant, the latter having the obligation to notify him, within 24 hours, of any damage occurring in the accommodation, its outbuildings or accessories.
11. Cancellation or modification by the customer
The customer is reminded, in accordance with Article L. 221-28 12° of the Consumer Code, that he does not have the right of withdrawal provided for in Article L. 121-21 of the Consumer Code. The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation. Reservations with prepayment cannot be modified and/or cancelled. The amounts paid in advance, which are the deposits, will not be refunded.
In this case, it is mentioned in the conditions of sale of the rate. When the conditions of sale of the reserved rate allow it, the cancellation of the reservation can be made directly with the establishment, whose telephone contact details are specified on the confirmation of the reservation sent by email.
All reservations are personal and cannot under any circumstances be transferred to a third party, whether free of charge or for a fee.
Modification: If the tenant wishes to modify his reservation, once it has been confirmed, the owner will do his best to satisfy him. In the event that this proves impossible, the tenant may request the cancellation of the reservation which will be subject to the cancellation conditions listed below.
Cancellation before arrival at the premises: Any cancellation must be notified to the owner, by registered letter or email with acknowledgment of receipt.
The conditions for retention in the event of cancellation are specified for each type of accommodation.
12. Location, Consumption of the service
In accordance with the regulations in force in certain countries, the customer may be asked, upon arrival, to fill out a police form. To do this, the customer will be asked to present an identity document in order to check whether or not they must complete the police form. Any behavior contrary to good morals and public order will lead the establishment to ask the customer to leave the establishment without any compensation and/or without any refund if payment has already been made. For establishments with Internal Regulations, the customer accepts and agrees to comply with said regulations. In the event of non-compliance by the customer with one of the provisions of the Internal Regulations, the establishment will be obliged to ask the customer to leave the establishment without any compensation and/or without any reimbursement if payment has already been made.
13. Inventory
The accommodation contains a dishwasher, furniture, bedding, household appliances, etc., all clean and in good condition, as indicated in the inventory of fixtures and fittings and the gîte inventory.
The inventory and condition report are made jointly at the beginning and end of the stay by the owner (or his representative) and bear the signature of both parties. These documents constitute the only references in the event of a dispute concerning the rented premises.
The tenant must check the condition of the premises and the inventory upon arrival, as well as the proper functioning of household and sanitary appliances. The facilities are in working order and any claim concerning them occurring more than 12 hours after taking possession of the premises will not be accepted. Failing this, the accommodation will be deemed to be in good condition and the inventory and condition report will be in accordance with reality.
In cases where the inventory cannot be carried out:
In the event of late arrival: an inventory and an inventory will be made available to the tenant, he must report any anomalies, missing objects or damage not indicated, by email, or SMS, WhatsApp, Signal or Telegram, within 24 hours of his arrival. In the event of early departure preventing the inventory from being established on the same day as the tenant's departure, the owner (or his representative) will carry out the inventory and inform the tenant within one month of the return of the security deposit.
Furthermore, the cleanliness of the accommodation upon the tenant's arrival must be noted in the inventory of fixtures. Cleaning of the premises in normal use is the responsibility of the owner. In the event of abnormal use of the premises, or exceptional dirt, cleaning costs (€20/hour) will be re-invoiced to the tenant.
Any presence of odor (of cigarette or vaping) will be billed €500.
SECURITY DEPOSIT (= GUARANTEE)
14. Liability
The owner cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to a third party, due to the customer, in particular the unavailability of the internet network, impossibility of accessing the website, external intrusion, computer viruses or in the event of prepayment not authorized by the cardholder's bank.
Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the latter.
The owner cannot be held liable in the event of damage or theft of personal effects, either in the accommodation or in outdoor areas.
The owner cannot be held responsible for unforeseeable circumstances of force majeure or nuisance which disrupt, interrupt or prevent the stay.
Minors under 18 years of age are under the sole and complete responsibility of their parents or guardians for the entire duration of their stay.
Tenants must not enter areas marked as private (cellar, closets, etc.).
The client is advised to ensure that he is properly insured for any problems that he and those accompanying him may cause.
A Civil Liability certificate will be required for all rentals.
The certificate must mention the address of the rented house and the rental period.
15. Use of the premises
The tenant uses the rental property in a peaceful manner and makes good use of it, in accordance with the purpose of the premises.
The tenant undertakes to occupy the premises personally, in accordance with the number of persons expected, to live there "as a good father" and to maintain them. The tenant ensures that the peace and quiet of the neighborhood are preserved.
The tenant agrees to read the instructions in the internal regulations and the house and swimming pool manuals (which will be sent to him by email before the stay and which can be consulted in the gîte) and to respect them (no smoking inside, unauthorized parties, use of the swimming pool, etc.).
The rental agreement concluded between the parties to this deed may not under any circumstances benefit, even partially, third parties, whether natural or legal persons, unless the owner has given written consent. Any breach of this last paragraph may result in the immediate termination of the rental agreement at the tenant's expense, with the rental proceeds remaining definitively acquired by the owner.
The tenant may not object to a visit to the premises when the owner or his representative requests it. The pool/sanitary maintenance person has access to the garden, swimming pool and technical premises once a week.
Upon arrival of the tenant, a security deposit of €500 (uncashed check) is requested by the owner or his representative.
After the joint establishment of the exit inventory, this deposit is returned to the tenant no later than 2 weeks (except in exceptional cases, for example owners' vacation) after the tenant's departure (check returned or destroyed) except in the event of withholding.
In case of withholding:
Upon the tenant's departure, the inventory and state of cleanliness will be checked by the owner or his representative. The tenant is held responsible for any broken or damaged object, any deterioration, and any damage that may be caused to the facilities during the duration of his stay.
The owner will be entitled to claim from the tenant the full value at the replacement price of objects, furniture or equipment that are broken, cracked, chipped, stained, missing or damaged and those whose wear exceeds normal for the duration of the rental, the price of cleaning duvets returned dirty, compensation for damage of any kind concerning curtains, walls, ceilings, carpets, floors, windows, sofas, bedding, household appliances, stoves, terrace, etc.
If it is necessary to carry out any repairs, to restore the premises to their original condition or to replace an item, the amount withheld from the security deposit will be justified by means of an invoice or any other document.
If the deposit is insufficient, the tenant agrees to make up the difference, based on supporting documents provided by the owner.
The owner undertakes to provide all necessary documents for the tenant in the process of being taken care of by his Civil Liability insurance.
16. Complaints
Complaints relating to the non-performance or poor performance of the reserved services must, under penalty of foreclosure, be brought to our attention in writing within fourteen days after the date of departure from the establishment.
17. Prices
The prices relating to the reservation of services are indicated before and during the reservation. The prices are confirmed to the customer in the amount including tax, in EURO, and are only valid for the duration indicated on the reservation platform. If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange fees are the responsibility of the customer. All reservations, regardless of their origin, are payable in the local currency of the establishment, unless special provisions are indicated on site. Unless otherwise stated on the reservation platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.) where applicable, shown on the prices page, are to be paid directly on site to the establishment.
Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoice date.
Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.
The price list and minimum stay durations are available on the owner's website.
The owner reserves the right to change prices at any time. Stays are billed based on the rates in effect at the time the reservation is registered.
Discount: offers cannot be combined unless otherwise specified. The site automatically takes into account offers (early bird, last minute, special offer, etc.).
18. Payment
The customer provides their bank details as a guarantee of the reservation, except for special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club, bank transfer, etc. depending on the possibilities offered by the establishment's reservation platform) by indicating directly, in the area provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the numbers, as well as its expiry date (it is specified that the bank card used must be valid at the time of consumption of the service) and the visual cryptogram. They must present themselves at the establishment with the bank card that allowed them to guarantee the reservation. The payment is debited at the establishment during the stay, except in the case of special conditions or rates where the partial or total debit of the payment is made at the time of booking.
This prepayment is called a deposit. In the event of a no-show (reservation not cancelled – customer not present) of a reservation guaranteed by credit card, the establishment will debit the customer, as a fixed indemnity, the amount indicated in its general terms and conditions and specific terms of sale. The establishment has chosen elloha.com/stripe.com in order to secure online payments by credit card. The validity of the customer's payment card is verified by stripe.com. The payment card may be refused for several reasons: stolen card, blocked card, limit reached, input error, etc. In the event of a problem, the customer must contact their bank on the one hand, and the establishment on the other hand to confirm their reservation and payment method. In the case of a rate subject to online prepayment, the amount paid in advance, which are the deposits, is debited at the time of booking. Some establishments can generate invoices/notes electronically, the original file is certified and available online at the internet address provided by the establishment.
19. Respect for privacy
The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the responses by the presence of an asterisk. The information processed is intended for the owner, elloha.com, its entities, its partners, its service providers (and in particular online payment providers). The customer authorizes elloha.com to communicate his personal data to third parties on the condition that such communication is compatible with the performance of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Charter for the protection of personal data. In particular when paying online, the customer's bank details must be transmitted by the payment provider stripe.com to the establishment's bank, for the execution of the reservation contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate protection of personal data within the meaning of the Data Protection Act. However, the customer consents to this transfer necessary for the execution of his reservation. Constellation SAS / Stripe.com, in their professional capacity, have undertaken to the establishment to take all security measures and respect the confidentiality of data for said data transfers.
20. Proof agreement
The entry of the required banking information, as well as the acceptance of these general conditions and the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records kept in the computer systems of elloha.com. will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that his IP address is recorded at the time of booking.
21. Force majeure
Force majeure means any event external to the parties that is both unforeseeable and insurmountable and prevents either the customer or the establishment from fulfilling all or part of the obligations set out in the contract. Force majeure or fortuitous events are considered to be those usually recognized by the case law of the French Courts and Tribunals. Each party may not be held liable to the other party in the event of non-performance of its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party shall bear the cost of the resulting costs.
22. Dispute Resolution
These General Conditions of Sale are governed by the law of the country of establishment without prejudice to any mandatory protective provisions that may be applicable in the country of residence of consumers.
23. Entirety
These General Terms and Conditions of Sale, the terms and conditions of sale of the rate reserved by the customer, and the reservation voucher or request express the entirety of the obligations of the parties. No general or specific conditions communicated by the customer may be incorporated into these general terms and conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the reservation voucher or request (including the specific conditions of the rate reserved) and these general terms and conditions.
In the event of a contradiction between the booking voucher and the general conditions, the provisions appearing on the booking voucher will be the only ones applicable for the obligation in question.
These general terms and conditions of sale by internet may be modified and/or supplemented at any time by the establishment. In this case, the new version of the general terms and conditions of sale by internet will be put online by the establishment. As soon as it is put online on the internet, the new version of the general terms and conditions of sale by internet will automatically apply to future customers.
24. Photos
The photos and plans are not contractual.
25. Terms used
- Client = the one who signs the contract and/or makes the first payment
- Location = stay
- Security deposit = deposit
- Owner = or his representative
- General rental conditions = general sales conditions
- Holiday home = Villa = House