General terms and conditions
The general conditions are applicable between Les Gîtes du Pêcheur under the entity of Françoise Rouxel, a company in its own name registered with the RCS of Saint-Brieuc under number A 423 190 859, whose head office is located 22430 ERQUY, taken in person of its manager on the one hand and the tenant on the other hand. Prior to any reservation confirmation, these general conditions are communicated to the tenant who acknowledges having read them. Any traveler’s stay is preceded by a printable written reservation, by e-mail, etc. with the contract. In order to validate the accommodation reservation, the Tenant must return the signed rental contract to Gîtes du Pêcheur or sign it electronically. The reservation with the contract traces the reservation period, the accommodation reserved by the tenant and its essential characteristics, the number of travelers for whom the reservation is granted, the price of the stay for the part that can be calculated and the special conditions relating to the conditions possible reimbursement of the stay.
- DEFINITIONS
For the understanding and simplification of certain terms used in these conditions, the following is previously determined: any accommodation offered by Gîtes du Pêcheur will be called “accommodation” or “gîte”. Any person making a reservation and any occupant on their behalf will be referred to as a “tenant”. The following was agreed and decided: Les Gîtes du Pêcheur rents, for the period indicated in the contract, the designated accommodation, furnished and equipped as specified in the contract and in the descriptive statement annexed hereto, to the Tenant who accepts them under the following conditions. It has been agreed between the parties that Gîtes du Pêcheur rent the accommodation to the Tenant as described in the contract and in the inventory annexed to the contract.
2. DESTINATION OF THE ACCOMMODATION
The accommodation is rented exclusively for residential use as a seasonal tourist residence, i.e. temporary. They do not constitute the main or even secondary residence of the traveler and they will not be able to carry out any commercial, artisanal or professional activity there. Consequently, the contract will be governed by the provisions of the civil code as well as by the conditions provided herein.
3. DURATION, DESIGNATION AND PRICE OF THE STAY
Duration: Les Gîtes du Pêcheur rents the accommodation to the Tenant for the period indicated in the contract. The stay is non-renewable. The rental is made for a period determined in advance which will begin to run on the first agreed day at 4:00 p.m. The Tenant expressly undertakes to have fully vacated the accommodation on the check-out (departure) date no later than 10 a.m., and to hand over the keys in person. Beyond this term, the Tenant is, unless expressly agreed by Gîtes du Pêcheur, deprived of any occupancy title. The initial Lease and the Extended Lease may not extend the duration of the rental to more than ninety days maximum. The day before check-in (arrival), Gîtes du Pêcheur will give the tenant instructions relating to entry into the accommodation.
Description: the accommodation and its characteristics are specified in the contract.
Price of the stay: the price of the stay and the payment terms are provided as part of the reservation. The price of the stay is payable no later than one month before arrival at the premises. Rental is granted and accepted for the total price mentioned at the end of the contract, including: the price of occupying the premises bathroom linen bed linen shared access to the indoor and heated swimming pool shared access to the sauna and leisure equipment rental risk insurance electricity and heating consumption consumption of cold and hot water during the term of the Lease tourist tax Internet The tourist tax is collected by Gîtes du Pêcheur on behalf of Lamballe Terre & Mer. Other charges not listed are expressly excluded from this rent, in particular and without this list being exhaustive: the cleaning package The Tenant must pay these charges in addition to the rent for the duration of their stay. The amount of charges not included will be paid upon booking. at the latest one month before arrival. In addition, the Tenant will pay directly to the service providers any expenses not included in the list made, which he will have incurred on his own initiative, so that the Gîtes du Pêcheur is never worried or investigated on this subject. .
If the price of the stay was not fully paid at the end of the stay, then this price would be increased by 15% as a penalty clause, eight days after Gîtes du Pêcheur sent a registered letter with acknowledgment of receipt, requesting payment.
4. CANCELLATION OF THE STAY
It is agreed that in the event of cancellation/withdrawal: of the Tenant: more than 30 days before the lease takes effect, the tenant loses the deposit paid, less than 30 days before the lease takes effect, the tenant will also pay the difference between the amount of the deposit and the equivalent of the total rent, as a penalty clause. If the traveler decides to leave before the date planned as part of the reservation, nights not spent at Gîtes du Pêcheur are not refunded. of the Lessor: within seven days following the withdrawal, he is required to pay double the deposit to the tenant. Cancellation insurance was offered to the tenant at the time of booking with our partner insurer by clicking on the following link: https://www.souscription.safebooking.com/les-gites-du-pecheur/
5. SECURITY DEPOSIT
A deposit is required before entering the premises as a security deposit to cover any damage that may be caused to the items furnishing the accommodation or any missing items that may be noted, and to compensate for the various consumption charges not included in the price of the accommodation. stay. This deposit amounts to €300 and is not collected. In addition, a maximum sum of €150 may be retained from the security deposit for the complete cleaning of the premises. The deposit will be returned no later than 20 days after departure if the exit inventory finds no problems and no damage to the accommodation. Reimbursement of the security deposit will be made within the same time frame, after deduction of sums owed by the traveler for rental charges or repairs if applicable. If the sum thus paid as a guarantee proves to be insufficient, the Tenant will pay any additional sum upon presentation of supporting documents by the Lessor within 4 days. Whether for all lodgings, any lost, broken, damaged or damaged object must be replaced or reimbursed to Gîtes du Pêcheur at its replacement value by the traveler who agrees to do so. Returning the keys to Gîtes du Pêcheur at the end of your stay does not constitute a waiver by Domaine du Grenier of compensation for rental repairs.
6. CAPACITY
The accommodation must not, under any circumstances, be occupied by a number greater than that indicated on the contract, without prior agreement from Gîtes du Pêcheur. If necessary, Gîtes du Pêcheur may demand additional rent, refuse entry to the premises or terminate the contract which will be considered as broken due to the tenant’s fault.
7. INSURANCE
The traveler is responsible for all damage occurring in the accommodation, particularly due to negligence, as well as in the event of fire. He is also responsible for damage and losses arising due to him. The traveler is therefore invited to check that the policy he has taken out for his main residence includes a “vacation” and “furniture outside the home” clause and if his policy does not have one, to request an extension or take out one. for the duration of his stay. Consequently, Gîtes du Pêcheur declines all responsibility for the recourse that its insurance company could exercise against the traveler in the event of a disaster.
8. OBLIGATIONS OF THE TENANT
The Tenant is bound by the following main obligations: To take the Premises in the state in which they will be found when the keys are handed over and as they have been described in the inventory, with the furniture, equipment, materials and objects filling them as they have been described in the inventory; To pay the rent and charges according to the agreed schedule; To peacefully use the premises according to the contractual destination; To be liable for damage and losses that occur during the term of the Lease in the Premises of which he has exclusive use, unless he proves that they occurred due to a case of force majeure, through fault of the Lessor or by the act of a third party whom he did not bring into the accommodation; To use the furniture, equipment, materials and objects furnishing the premises, according to the use for which they are intended and to leave them in the places where they are located. It is strictly forbidden to transport them outside the rented premises. It is specified that furniture, equipment, materials and objects must only suffer from depreciation resulting from the normal use for which they are intended. Furniture, equipment, materials and objects which are missing or damaged or have been put out of service, for a cause other than normal wear and tear, must either be replaced identically with the consent of the Lessor, or paid for at identical replacement price. Not to modify the Premises or the arrangement of the furniture in any way; Refrain from throwing objects or substances into the pipes that could clog them. The Tenant will be liable for the costs incurred by the repair and restoration of these pipes; To allow work to be carried out on the Premises which becomes urgent and necessary during the rental period, without being able to claim any compensation; Not to sublet or transfer its rights to this agreement without the express written consent of the Lessor, under penalty of termination; To occupy the Premises and behave like a good father. He will not be able to store any furniture there. It must not cause any disturbance to the neighborhood; Not to have the Premises occupied by a number of people greater than the maximum number indicated; To immediately report to the Lessor any malfunction or deterioration whatever the cause.
9. OBLIGATIONS OF LES GÎTES DU PÊCHEUR
Gîtes du Pêcheur are bound by the following main obligations:
To deliver to the Tenant the rented accommodation, with its furniture, equipment, materials and objects, in accordance with the descriptive state he has made of it;
To deliver to the Tenant accommodation in good condition of use and repair as well as the equipment mentioned in the Lease, in good working order;
To ensure the Tenant’s peaceful enjoyment of the accommodation throughout the duration of this agreement;
To install and maintain at least one standardized smoke detector in the home.
10. RESPONSIBILITY
The traveler waives any liability recourse or claim against Gîtes du Pêcheur due to:
1°) theft, attempted theft, any criminal act or any assault of which the traveler could be the victim in the rented premises; the traveler expressly waives the benefit of article 1719 paragraph 3 of the civil code, the Domaine du Grenier assuming no surveillance obligation;
2°) irregularities or malfunctioning of the water service, electricity, telephone, air conditioning, generators, all computer systems and collective services and common equipment elements of the rented accommodation;
3°) damage caused to the rented premises and/or to any movable items there as a result of leaks, infiltration, humidity or other circumstances;
4°) actions generating damage by other occupants on the site;
5°) late arrival of the traveler at the premises, particularly due to transport difficulties;
6°) nuisances, particularly noise, likely to arise from outside the accommodation;
7°) accidents occurring in the rented premises or due to the rented premises during the term of the lease, whatever the cause;
8°) malfunction of the Internet or cable television, or in the event of non-compatibility of the equipment in the accommodation with that of the traveler.
9°) services provided by external service providers.
The traveler is particularly responsible for damage occurring due to his negligence as well as in the event of fire, water damage, explosions, to neighboring homes and their occupants.
11. HOUSEHOLD EXPENSES
Regarding lodgings, if the cleaning option has not been taken out, cleaning must be done by the traveler.
If, however, the cleaning was not correctly carried out and the traveler has not subscribed to the cleaning option, then the cleaning would be billed to the traveler between 70 and 150 euros depending on the cleaning hours required.
12. MISCELLANEOUS
– NON-SMOKING HOUSE the entire deposit will be withheld if the apartment smells of cigarette smoke or other substances
– Pets not allowed.
– Unauthorized parties and evenings.
– The Tenant undertakes to respect the tranquility of the neighborhood, particularly between 10 p.m. and 8 a.m.
13. ELECTION OF DOMICILE
For the execution of these presents, the parties elect domicile at their respective addresses communicated during the reservation. The parties agree that the competent court will be that of the district in which the rented premises are located.
14. RESOLUTORY CLAUSE
In the event of non-performance of one of the clauses of these general conditions or of the conditions provided for in the contract, or unauthorized remaining in the premises beyond the duration provided for in the reservation and 8 days after a summons to pay or perform remains without effect, the lease contract will be terminated automatically, if Gîtes du Pêcheur sees fit, and without legal formality. If the traveler refuses to leave the premises, a summary order issued by the president of the judicial court will suffice to force him to do so.
15. CRIMINAL CLAUSE
Without prejudice to the possible implementation of the termination clause and the request for allocation of damages, under article 1231-5 of the civil code relating to penal clauses, the parties agree that a failure to pay rent or charges will result in an increase of 15% of the amounts due.
This penal clause will take effect in the event of inaction by the lessee beyond seven days from the sending, by the Lessor, of a formal notice by registered letter with request for acknowledgment of receipt.
16. DISPUTE – CONSUMER MEDIATION
In the event of a dispute between the Client and the company, they will endeavor to resolve it amicably (the Client will send a written complaint to the professional or, where applicable, to the professional’s Customer Relations Department).
In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Customer within the meaning of article L.133-4 of the Consumer Code has the possibility of contact, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation in application of Article L.615-1 of the Consumer Code, to know :
The Professional Mediation Company
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux