Terms and Conditions
Your French Stay
TERMS & CONDITIONS OF RENTAL
14th January 2021
Make your holiday a relaxing and enjoyable time by knowing as much as possible about staying in our wonderful property. Please read these terms and conditions, which are also available on the website and in the accommodation. They may be updated from time to time in accordance with changing rules, regulations, and trends.
RENTAL AGREEMENT
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 set forth in email exchange confirming the reservation. The person that 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 re-advertised.
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, 27-29 Avenue de Nontron, 24450 Miallet, France.
2. RENTAL PARTY
The booking is only for the people named on the booking form.
NO PETS are accepted as any part of the booking.
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.
4. AVAILABILITY
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 causes 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
The period of rental begins at 4 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.
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.
7. ACCESS
The Guest should allow the Homeowners 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 confirmed by email and the Guest deposit/full payment received. Prices are as quoted, but the Homeowner reserves the right to correct any error.
a. RENTAL 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. Bookings are provisional until a deposit has been received, after which time the Homeowner will issue a Confirmation of Booking.
b. BALANCE
The balance is payable 10 weeks before the arrival date. If the booking is made within 10 weeks of the Check-in date, then the full amount is payable immediately. On receipt of the Balance Payment, the Guest will receive details of key collection and directions. Non-payment of the balance on or after the due date 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 prior to 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 missing items. This also includes any other cost incurred by the Homeowner due to a Guests 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. The deposit will normally be returned within 7 days after the rental.
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 0.83€ 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 prior to departure.
10. CANCELLATION
It is strongly recommended that the Guest take out holiday insurance when booking. The Homeowner will provide any documentation needed by the Guests insurers should it be necessary to cancel. Cancellations must be made in writing and the charges are as follows; -
· The deposit is non-refundable (unless 11.c) applies)
· A 50% refund of the total cost if cancelled up to 8 weeks before check-in
· A 25% refund of the total cost if cancelled up to 4 weeks before check-in
· Less than 4 weeks 100% of the total cost
11. COVID-19
a) It is the Guest’s responsibility to ensure that they are aware of any travel restrictions that may be in operation due to COVID-19 both in their own country and France. Own Government website should be checked just prior to departure for the latest travel restrictions.
b) If the Guest travels during a pandemic, they must take responsibility for their actions and the Homeowner will not refund accommodation payment if modes of travel are curtailed or cancelled.
c) The Homeowner accepts future bookings from Guests with the understanding that the accommodation may have to be cancelled due to subsequent regional or national imposed travel restrictions in the Guests country of departure and France. In this case, the Guest can have a full refund within 14 days of the cancellation via Bank Transfer. Cancellations must be made formally in writing by the Guest, emails are accepted. Alternatively, the stay can be rescheduled for a later date to the total value of the booking and dates are subject to availability.
d) If the Guest or any party member starts to feel unwell during the stay – the Homeowner must be informed immediately and direction for medical advice will be given.
e) Your French Stay has a Covid-19 cleaning policy which is available on the website.
12. TRAVEL INSURANCE
It is strongly advised that holiday insurance be taken out by the Guest to cover holiday cancellation and all accidents, injuries or illness that occurs while on the premises or its facilities.
The Homeowner is not responsible for the loss of personal belongings or valuables of the Guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of the harm arising from their use of the premises or others whom they invite to use the premises. Guests are to 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 it is booked.
13. RENTAL RULES
a. 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.
b. People other than the Guest party may not stay overnight in the property. Any other person in the property is the sole responsibility of the Guest.
c. 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.
d. Any damages must be reported as soon as logically possible.
e. 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.
f. 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.
g. Only use appliances for their intended use.
h. 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?
i. There is no facility at the gite to charge electric cars/vehicles. The Guest should check for nearest charge points before booking.
j. 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.
k. 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.
l. The Guest is to ensure that doors are locked/windows closed when the property is left unoccupied. If left unoccupied for more than 48 hours, the Guest must notify the Homeowner.
m. 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.
14. 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 Homeowners are 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 Guest must not apply suntan cream/oil just before entering the pool. Suntan creams/oils stick to the sides of pools and cannot be removed. Therefore, this rule is to ensure the pool remains a nice environment for all to use.
· No smoking or glass in the pool area. No sharp objects 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.
Above plus additional more minor pool rules are featured in the guest book.
15. 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.
16. BEHAVIOUR
The Homeowner reserve the right to terminate the stay if the Guest or members of the Guests 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.
17. SAFETY
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 house must be evacuated immediately and as safely as possible. If it is a small fire and the Guest feels able, they can use the fire extinguisher/fire blanket provided but they should not put their safety at risk.
18. LIABILITY
The Homeowner cannot be held responsible for any noise or disturbance originating for 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.
19. DATA PROTECTION
In accordance with 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 vacation
· The Guest should let the Homeowner know if they would like personal details removing from the Homeowners database, after the Guests holiday. The Homeowner may use this information to send information about the property to the Guest at a future date.
· For more information, please view the Privacy Policy on the website.
20. ELECTRICITY/WATER/PELLET BURNER
Electricity up to 12 kW per day and water are included within the rental price. If the Guest use additional electricity the costs will be the charge per kW by the power supplier to the property at the time. Payment to be made by the Guest in cash at the end of the stay. A bag of pellets will be supplied per week. Additional can be bought from the Homeowners at 5 euros a bag.
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 Guests stay, the Guest will be contacted to see if the item(s) should be returned and will be done so at the Guests 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 Guests party, the Homeowner must be contacted immediately upon the discovery to discuss return options.
23. COMPLAINTS
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.
These terms and conditions of use shall be governed by French and English law.