1.1) “Agent” means : Director - Clodie Alberti.
1.2) “Booking” means the reservation of the Property by the Holidaymaker.
1.3) “Booking Conditions” means these terms and conditions.
1.4) “Deposit” means: down payment
(NB) if the holiday is due to commence within six weeks of the date of a Reservation Request, 20% of the Rental Charge is to be paid.
1.5) “Holidaymaker” means the person or persons making the Booking.
1.6) “Holiday Confirmation” means the confirmation of the Booking issued by the Agent to the Holidaymaker (by email and/or post) once the deposit has been processed.
1.7) “Property” means Les Jardins de la Liberte for which a Booking is made.
1.8) “Rental Charge” means the total rental charge payable in respect of the Booking.
1.9) “Short Break” means a holiday for a duration of less than four nights.
2. BOOKINGS AND PAYMENT
2.1) Following receipt of a Reservation Request the Agent shall check the availability of the Property. If the Property is available for the Holiday, the Agent shall reserve the Property.
2.2) If the Reservation Request is for a period outside the current letting period, the Agent is unable to make a Booking. In such an event, the Agent may offer the Holidaymaker the opportunity to make a provisional reservation. The effect of a provisional reservation is that the Agent will notify the Holidaymaker if and when the Property becomes available for Bookings and the Agent shall not make a Booking for the Property for the relevant period without first offering the opportunity to the Holidaymaker (such offer will be on the then current terms meaning the price may have increased from the time the provisional reservation was made). The Holidaymaker may cancel a provisional reservation at any time.
2.6) The prices stated on the Agent’s website are cash prices in Euros .
2.7) All payments must be made in Euros
2.8) The Agent reserves the right to correct any error in advertised and/or confirmed prices.
3. BOOKING DETAILS
Immediately upon receipt of the Holiday Confirmation from the Agent, the Holidaymaker should check the details and notify the Agent of any mistakes.
4. CANCELLATION BY THE HOLIDAYMAKER
4.1) The Holidaymaker should notify the Agent immediately in writing if he/she wishes to cancel the Booking.
5. OTHER CANCELLATIONS.
5.2) If the Holidaymaker has paid any money in respect of a Property and that Property subsequently becomes unavailable, the Agent shall refund the Holidaymaker of all monies paid by the Holidaymaker.
5.3) The Agent is not liable for any costs associated with alternative accommodation, which must be paid by the Holidaymaker.
5.4) Save as set out above, the Agent shall have no liability for the cancellation or alteration of a Booking.
6. WEB SITE ACCURACY
6.1) To the best of the Agent’s knowledge the details relating to the Property described in the Agent’s website were correct at the time of development.
6.2) Upon becoming aware of any material inaccuracies in any website description of the Property or material changes to the Property, the Agent shall endeavour to correct them and inform the Holidaymaker. The Agent may, in its sole and absolute discretion, offer the Holidaymaker the option to treat the change as a Cancellation Event.
6.3) The Agent cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the website.
When the Holidaymaker makes a Booking, the Agent can assure the Holidaymaker that the property is fully insured as a furnished holiday let, except for personal belongings owned by customer (s)
8. RESPONSIBILITIES OF THE HOLIDAYMAKER
8.1) During the period of the holiday, the Holidaymaker (personally and on behalf of all other people visiting the Property) undertakes (for the benefit of the Agent) the following:
8.1.1) that the number of people occupying the Property will not exceed the number stated on the Holiday Confirmation;
8.1.2) that the Property will be used solely for the purpose of a holiday by the Holidaymaker and his party;
8.1.3) to show due consideration for other parties (to include, but not be limited to, refraining from abuses of the Property and/or dangerous, offensive or rude behaviour to the Agent, his representative or any third parties such as neighbours);
8.1.4) to allow the Agent or his representative access to the Property at any reasonable time during the period of the holiday;
8.1.5) to keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the holiday .
8.1.6) to report as soon as possible to the Agent (or his representative) any breakages or damage(s) caused by the Holidaymaker during the holiday and to reimburse the Agent with the cost of replacement. The Agent reserves the right to make a claim against the Holidaymaker for repair or loss as a result of damage caused.
8.1.7) to arrive after 3 p.m. on the arrival day and to vacate the Property by 10 a.m. on the day of departure unless prior arrangement has been agreed with the Agent and/or the Holiday Confirmation states otherwise;
8.1.8) not (without the express permission of the Agent) allow any person other than guests booked and staying in the Property for their holiday to use the facilities and amenities of the Property; and
8.1.9) to notify all other members of the Holidaymaker’s party of these undertakings.
8.2) In the event of a breach of any of the undertakings set out in clause 9.1 the Agent (or his representative) can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the Holiday. In either case the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
9. PETS and SMOKING
9.1) Are not allowed.
10.1) The Holidaymaker’s (and all other members of the Holidaymaker’s party) personal belongings and vehicles (together with their contents) are left at the Property entirely at their own risk.
10.2) The Agent shall accept no liability to the Holidaymaker for any loss, damage or injury howsoever caused to the Holidaymaker or to the Holidaymaker’s personal property (or to persons in the Holidaymaker’s party or their personal property) during their stay at the Property except to the extent such loss, damage or injury is caused by the negligence or willful default of the Agent.
11. COMMUNICATION AND INFORMATION
11.1) For the purpose of the Data Protection Act 1998, all personal and other information and details collected by the Agent in the course of its business, belong to the Agent and will not be disclosed to any third party.
11.2) Telephone calls between the Agent and the Holidaymaker may be monitored.
12.1) In the unlikely event the Holidaymaker may have cause for dissatisfaction, the Holidaymaker should contact the Agent (or his representative) as soon as possible. The Agent will take complaints from Holidaymakers seriously and will endeavour to resolve them if at all possible.
12.2) This clause 12 is without prejudice to any cause of action the Holidaymaker may have against the Agent.
13. FORCE MAJEURE
No liability can be accepted and no compensation will be paid by the Agent, where the Holidaymaker or his personal property (and/or any person in the Holidaymaker’s party and/or their personal property) suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the Agent are prevented or affected, by any event which the Agent could not have reasonably foreseen or avoided including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, disease, none availability of transport services, interruption to services/utilities and all similar events outside the control of the Agent.
14. LAW AND JURISDICTION
All contractual obligations arising out of these conditions shall be subject to French Law and the exclusive jurisdiction of the French Courts.
14 JULY 2015