YOUR FRENCH STAY
Terms & Conditions of Rental
1st January 2024
Make your holiday a relaxing and enjoyable time by knowing as much as possible about staying with Your French Stay. Please read these terms and conditions, which are also available in the accommodation. They may be updated from time to time following changing rules, regulations, and trends.
The parties agree to the terms and conditions of this Short-Term Rental Agreement as evidenced by the exchange of correspondence between the parties.
This Short-Term Rental Agreement (the “Agreement”) is made by and between the property owners William McDonald and Vanessa Howard (“Homeowner”) and the renter (“Guest”) as of the date outlined in the email exchange confirming the reservation. The person who makes the booking must be over 21 years of age and a member of the party occupying the property.
By signing the Holiday Rental Agreement form and returning it via email to the Homeowner the Guest acknowledges that they have read and understood these terms and conditions. By paying the booking deposit (or entire rental in case of a late booking) the “Guest” confirms that they have agreed to these terms and conditions.
Email and telephone bookings are honoured for 7 days, after which, if the deposit and Holiday Rental Contract are not received, the reservation will be cancelled, and the property readvertised.
1. THE PROPERTY
The property offered for rental is the gite known as ‘Beaux Souvenirs’ marketed under the owner’s brand name, Your French Stay. The gite is located at, 2 Rue des Grives, 24450 Mialet, France.
2. RENTAL PARTY
The booking is only for the people named on the booking form. Guests wishing for friends and family to visit may only do so with the agreement of the Homeowner.
NO PETS are accepted as any part of the booking.
Any breach of these two rules will immediately negate the contract.
3. MAXIMUM OCCUPANCY
The maximum number of occupants in this property is four adults. This occupancy level is to ensure the comfort of Guests. If the number of vacationers exceeds the booking capacity, additional guests will not be accepted. Any amendment to or breaking of the contract will be at the Guest’s initiative.
This contract is made under the assumption that the property and facilities are available as published for the dates stated. In the highly unlikely event that it is not available due to events arising outside of the control of the Homeowner that cause the Homeowner to cancel the booking. The Guest will be notified as soon as possible and is entitled to a full refund of all monies paid. The Guest will not have as a result any further claims against the Homeowner.
5. RENTAL PERIOD/DATES OF RENTAL
The period of rental begins at 5 pm on the stated Check-in date and ends at 10 am on the Check-out date. Changes to these times are at the discretion of the Homeowner and may be subject to additional charges.
The dates of rental are stipulated in the contract. It is the Guest’s responsibility to be aware of and adhere to these dates and arrival/departure outside these dates will not be accepted. It is permittable that Guests may arrive on a later date/depart on an earlier date within their contractual rental period. Should this be the case the Homeowner is not obligated to refund the shortened stay.
Should a Guest make an error in their booking date, reasonable changes are at the discretion of the Homeowner. otherwise, the rules of cancellation will apply as per term 10.
6. RENTAL RULES
The Guest agrees to always abide by the Rental Rules while at the property which includes anyone else invited by the said Guest.
The Guest should allow the Homeowner access to the property for purposes of renewal, repair, and inspection. The Homeowners shall exercise this right of access in a reasonable manner.
8. RENTAL RATES & FEES
All bookings are provisional until the contract is completed and returned by email and the Guest deposit/full payment is received. Prices are as quoted, but the Homeowner reserves the right to correct any error.
a. Booking Deposit
The payment of a 25% non-refundable deposit within 7 days of booking ensures reservation and is subject to acceptance of the terms and conditions. The only caveat will be if the booking cannot take place due to regional or international travel restrictions because of COVID-19 or other pandemics. Bookings are provisional until a deposit has been received, after which time the Homeowner will issue a Confirmation of Booking.
The Balance Payment is due 10 calendar weeks before the arrival date. (However, if the booking is made within less than 10 weeks of the arrival date, then the Full Amount is payable immediately.) On receipt of the Balance Payment, the Guest will receive details of key collection and directions. Nonpayment of the balance on or after the due date (as stated on the contract) may be construed as a cancellation of the contract by the Guest.
c. Security Deposit
A security deposit of £250/€300 is to be paid a week before arrival. This deposit is required in case it is needed to cover the cost of any damage or breakages to or at the property. Or any dirt/ mess requiring excessive cleaning (including the barbecue) and any damaged/broken/missing items. This also includes any other cost incurred by the Homeowner due to a Guest's stay. The property will be inspected after departure and the Guest will be notified of any damage, breakages or missing items found other than those that may have been already reported by the guest. The deposit will normally be returned within 7 days after the rental departure.
The Homeowner reserve the right to withhold the security deposit for longer than 7 days if there is a dispute over damage or is awaiting bills/proof of damage.
9. TAXE DE SEJOUR
A Tourist Tax of 1.10€ per person/per night is levied by the local tourist office on all adults over the age of 18. This is payable in euros by the Guest at the end of the holiday before departure.
It is strongly recommended that the Guest take out holiday insurance when booking. Guests who choose not to take out insurance must accept responsibility for any loss that they may incur due to cancelling their holiday. The Homeowner will provide any documentation needed by the Guest insurers should it be necessary to cancel. Cancellations must be made in writing and the charges are as follows; -
- The deposit is in all cases non-refundable.
- 8 calendar weeks before check-in - 50% refund of the total cost.
- 4 calendar weeks before check-in - 25% refund of the total cost.
- Less than 4 calendar weeks before check-in - 0% refund of the total cost.
11. TRAVEL INSURANCE
It is strongly recommended that the Guest takes out a comprehensive travel insurance policy, which will include cancellation cover and full cover for personal belongings. Accordingly, any such losses incurred remain the Guest's responsibility. The travel insurance policy should also cover in the event of an accident or illness, cost and cancellation by the guest, cost of assistance (including repatriation) and other expenses. It is also recommended that accidental damage insurance be taken out for all members of the Guest's party to cover accidental or negligent damage to the Property and protect against loss in the event of a deduction from the Security Deposit.
Guests should therefore ensure they have adequate travel insurance against losses, physical/emotional harm and medical assistance during their stay and waive their right to pursue legal action against the Homeowner deemed as criminal under French Law.
The Homeowner also cannot be held responsible for conditions outside their control e.g., cancelled, or delayed flights/ferries, restrictive weather or where the Guest is unable to arrive at the property during the period that they have booked it.
12. FORCE MAJEURE
We cannot accept responsibility or pay compensation where the booking is prevented by or affected by events amounting to Force Majeure (Force Majeure meaning acts of war or threat of war, political unrest, terrorist activities, adverse weather conditions, volcanic ash clouds, strikes, acts of God, epidemics, riots, civil strife, industrial disputes, terrorist activity, natural or technical disasters, nuclear war) and or similar events out of our control.
Please be aware that the Guest has an obligation to travel safely and responsibly while also adhering to the latest government guidelines. The guest should therefore keep up to date with any guidelines and/or restrictions concerning their booking. Full details can be found on the relevant government websites.
14. RENTAL RULES
- Smoking including e-cigarettes is not permitted inside any area of the property or whilst next to an open window as the smoke can blow back into the room. Failure to adhere to this will result in the forfeit of the damage deposit, to pay for additional cleaning.
- Numbers more than those agreed on the booking form, sub-letting or reassignment of the accommodation are not permitted without the express written agreement of the Homeowner.
- Parties of 2 may have up to another 2 Guests join them to stay including overnights. However, for insurance purposes, the Homeowners must be made aware of who is staying 7 days before the arrival of the main party. A police form must be filled in for each additional guest and supplied to the Homeowner at the same time as the main party Guests supply their own police forms. Additional guests are also subject to tourist tax for the nights they stay, which will be invoiced with the main guest party at the end of the stay.
- Any damages must be reported to the Homeowner as soon as logically possible.
- Guests must keep the property and all furnishings in good order, including keeping the outside seats with cushions/barbeque covered overnight and if going out for the day.
- The house is on mains water but the gite is on a small septic tank. Guests must use the toilet paper provided and not flush other larger things down it such as sanitary items. A blocked system due to misuse will have to be paid for by the Guest. The kitchen sink is also on the fosse system, so food particles and oil must not go down the sink.
- Only use appliances for their intended use.
- In the unlikely case of a serious electric storm, please act responsibly by taking out electrical plugs from sockets. If the wind is extremely high, please secure the shutters. Should the power go, there is an emergency torch in the kitchen drawers.
- Wi-fi/Internet connections are complimentary and are not part of the Rental agreement. While all efforts to ensure connections are maintained this cannot be guaranteed. Homeowners are not obliged to provide this service. WIFI is not suitable for streaming and large downloads.
- There is no daily housekeeping service. While linens, tea towels, bath and beach towels are included in the rental, daily maid service is not. If staying longer than 1 week the towels will be changed.
- The Guest is to ensure that all gite doors are locked/windows closed when the gite is left unoccupied. If left unoccupied for more than 48 hours, the Guest must notify the Homeowner.
- On departure, the property is to be left in the same state of tidiness and cleanliness that it was on arrival. Should this not be the case then the Homeowner reserves the right to charge a £75 cleaning fee to be deducted from the Security Deposit.
15. ELECTRIC VEHICLES/LARGE VEHICLES
There is no facility at the gite to charge electric vehicles. The Guest should check for the nearest charge points before booking. The gates to the property may not be able to accommodate very large vehicles such as Campervans etc, please discuss this with the Homeowner before booking.
16. SWIMMING POOL AND GROUNDS
The swimming pool is open from the end of May to the end of September, should the rental agreement be for outside these dates please ask the Homeowner if it can be made available. The Homeowner cannot be responsible for the low water temperature at any period. The Homeowner reserved the right to temporarily suspend the use of the pool for essential or emergency maintenance.
The pool in accordance with French law is alarmed.
Following the pool rules of the Homeowner is of the utmost importance for safety. The use of the swimming pool is at the risk of the Guests and the following precautions are in place to ensure maximum safety for Guests. Failure to adhere to these rules could lead to expulsion from the property with no refund on the booking. The rules can be found in the gite welcome pack. The main rules include -
- The Guest must not apply suntan cream/oil just before entering the pool. Suntan creams/oils stick to the sides of the pool and cannot be removed. Therefore, this rule is to ensure the pool remains a pleasant environment for all to use.
- No smoking or glass in the pool area. No sharp objects are to be used near the pool. Any glass falling in the pool could mean the pool has to be emptied, cleaned, and refilled, plus any damage to the lining will have to be charged for. Plastic glasses are provided.
17. THE GARDEN
The garden contains herbs and fruits which the Guest may pick for personal use in the gite. A note of caution, many mushrooms and toadstools appear notably in the autumn. The majority are poisonous, and the Guest should always consider this. Common sense must prevail in washing all items picked for consumption from the garden. The Homeowner is not liable for any upset or illness by the Guest consuming anything from the garden.
The Homeowner reserves the right to terminate the stay if the Guest or members of the Guest party are believed to be causing a nuisance or are not treating the property with due respect. In this event, no refund will be made for the unused portion of the stay.
Further, if it is reasonably suspected that the Guest is breaking the law then the rental agreement is also terminated with no refund.
The Guest agrees not to act in any way, which would impose a disturbance to those residents in neighbouring properties.
For the personal safety of the Guest, smoke detectors and fire extinguishers have been provided. Smoke detectors are a legal requirement in France and the Guest is strongly advised to not tamper with them i.e., remove the battery/deactivate them. This will invalidate the Homeowners insurance in the event of a fire.
Fire- In the event of a fire, all members from the entire house, apartment and gite must be evacuated immediately and as safely as possible, in the car park of the house, unless unsafe then all should meet outside the gates. If it is a small fire and the Guest feels able, they can use the fire extinguisher/fire blanket provided, however, they should not put their safety at risk.
The Homeowner cannot be held responsible for any noise or disturbance originating from the boundaries of the property or noise which is beyond their control.
The Homeowner also cannot be held responsible for wild animals and insects that may enter the gite or house. If a guest notices an infestation issue, they should notify the Homeowner immediately.
21. INTERNATIONAL POWER ADAPTERS
Please be aware that some cheaper electrical plug adapters can heat up to a high temperature and can become dangerous. Do not leave them in for an excessive amount of time.
22. LOST ITEMS
If the Homeowner finds anything that has been left behind during the Guest's stay, the Guest will be contacted to see if the item(s) should be returned and will be done so at the Guest's expense, via the village post office. The postage/packaging costs must be paid to the Homeowner by bank transfer before postage. If any of the property is accidentally taken away by any member of the Guest's party, the Homeowner must be contacted immediately upon the discovery to discuss return options.
Any problem or issue should be brought to the attention of the Homeowner as soon as it becomes apparent, so that it may be rectified quickly.
24. DATA PROTECTION
Under the 1988 Data Protection Act, the Homeowner will ensure that;
- The collation of personal information is fair and lawful.
- The Homeowner takes responsibility for all personal information held and used and that appropriate measures are in place to protect this information.
- The Homeowner request full details of all party members on the booking form as a safety measure whilst the Guest is on holiday.
- The Guest should let the Homeowner know if they would like personal details removed from the Homeowners database, after the Guest's holiday. The Homeowner may use this information to send information about the property to the Guest at a future date.
These terms and conditions of use shall be governed by French and English law.