(incorporating the Terms and Conditions)
Cour de Lavande: This agreement is between the tenant and the owners Mr & Mrs White.
These terms and conditions (the “Booking Contract”) are between and shall bind the propertyowner or manager (“we”, “us” and “our”) and the holidaymaker(s) who book our property (the “Property”) (each a “Booking”). References to “you” or “your” are references to the person making the booking and all members of the holiday party.
Any Booking is subject to the Booking Contract. This Booking Contract, our confirmation email and any attachments and any subsequent written correspondence between us form the entire agreement between us and you and form the basis of your agreement with us so please read them carefully. Nothing in this Booking Contract affects your usual UK statutory rights. The payment facility used by us on your booking will be via bank transfers.
Making your Booking
You can book a Property with us by making the payment specified in the initial quote provided to you by us via bank transfer once the Advertiser has accepted your booking request. The Booking shall be made and this Booking Contract shall be effective once the booking fee and the Initial Deposit (as defined below) or full payment has been received and you have received an email from us confirming the Booking and including the Cancellation Policy (“the Cancellation Policy”) as defined below or:
For bookings made up to 4 weeks before arrival (the “Arrival Date”) an initial deposit (the “Initial Deposit”) followed by a balance payment (the “Balance”) must be made to Us within the specified time periods. You shall be required to pay the applicable damage deposit (the “Damage Deposit”) and any other fees (“Other Fees”) as set out in the email confirmation. For bookings made within 4 weeks of the Arrival Date you shall be required to make payment in full to include the booking fee, Damage Deposit and any other fees as set out in the email confirmation.
You should carefully check the details of the Quote or Booking Request Form before making any payment to Us regarding your Booking, as well as the confirmation email and inform us immediately of any errors or omissions.
If you fail to make the balance or full payment due to us in full and on time we shall be entitled to treat your Booking as cancelled by you.
The Damage Deposit may be used for any repair and/or replacement of the Property, furnishings, fixtures and fittings that are necessary after your stay due to causes that are your own fault as confirmed to us by our Management Firm (the “Management Firm”). We reserve the right to retain the security deposit as compensation in the case of a serious breach of any part this contract by you. We will return the Damage Deposit to you 10 days after the return of the keys to us, less any deductions, in accordance with the conditions stated above.
The Cancellation Policy
If the balance payment is not received within three days after the due date then we shall treat your Booking as being cancelled by you. If you do not arrive at the property within 24 hours of your arrival time without notifying us then we shall treat your Booking as cancelled by you. In these circumstances no refund will be made of the rental fee, booking fee or damages deposit.
You are required to ensure that each member of your party is covered by comprehensive Travel Insurance (your “Travel Insurance”) from the time of Booking to include cancellation, flight delays, loss and damage to baggage and other property and health insurance (including evacuation and repatriation coverage). You agree to read and understand the Terms and Conditions (particularly any exclusions) of your Travel Insurance policy and to ensure your declaration under that policy is complete and accurate. You agree to the limits of our obligations to you in the event of cancellation under our Cancellation Policy. Since the taking out of Travel Insurance to include cancellation cover is a condition of your Booking you agree that upon cancellation your first action will be to contact your insurer to make a claim, which is likely to include the costs of travel as well as accommodation. Thus, our Cancellation Policy is likely to be used to provide part refunds for situations that may be excluded from your Travel Insurance such as a change of mind. In any event you agree that the Cancellation Policy is limited to accommodation only and further agree that you will not make a claim under your Travel Insurance and our Cancellation Policy for the same Booking.
Cancellation by you
If you cancel your Booking you must write to us or email us as soon as possible. The link to your Booking page in the confirmation email will also enable you to submit a cancellation through the website but you should contact us first before cancelling in this manner. You must immediately check your travel insurance policy and lodge a claim if the reason for cancellation is covered (e.g. ill health, bereavement). Upon request we will provide any information required regarding your Booking. If the reason for cancellation is excluded from your Travel Insurance (e.g. you changed your mind or failed to disclose medical information or any reason that invalidated your claim) then we and Holiday Lettings are under no obligation to repay any of the rental or booking fees to you (except for the Damage Deposit which will be repaid in full). However, upon confirmation of cancellation, the cancelled dates will immediately be re-advertised to try and obtain a replacement booking. If a replacement booking is obtained then we will repay the lesser of any fees paid (excluding the booking fee) or the amount received for a replacement booking, less any repayment charges, regardless of the reason for cancellation.
Cancellation by us
It is very unlikely that we would have to cancel your Booking once it is agreed between you and us. If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation. If we cancel your Booking, Holiday Lettings will refund you any fees you have already paid to Holiday Lettings. However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
Access to the Property
You can arrive at the Property after 15:00 on the day of arrival and must leave by 11: 00 on the departure date. We shall not be obliged to offer the accommodation before the time stated and you shall not be entitled to remain in occupation after the time stated unless agreed in advance by us or with our Management Agent on site. If your arrival will be delayed, you must contact our Management Firm so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the Management Firm of your anticipated late arrival we may treat the Booking as having been cancelled by you and we shall be under no obligation to refund you for fees already paid to us.
We agree to provide you with a Property that is kept in good condition inside and out and every effort will be made to provide a high standard that is more than fit for purpose. In addition to preparations for bookings we will thoroughly clean the Property periodically to involve washing wall tiles and doors/cupboard doors, soft furnishings/blankets, all cupboard contents/interiors and window blinds/grills. Additionally, all bed linen and towels will be checked for staining and efforts made to remove any such stains, with badly effected items discarded and replaced. The contents inventory will be checked and broken/lost items replaced.
We will provide you with the support of a professional Management Company whilst resident in the Property
We agree to provide the Property with comprehensive specialist insurance with Schofields Holiday Homes Insurance (www.schofields.ltd.uk) to include substantial public liability cover.
We agree to comply with all French legal requirements for holiday lets to include having an Energy Performance Certificate (EPC) registered and submitting tax returns and paying all tax due on rents received.
You agree to take full responsibility for the whereabouts of keys at all times. If they are lost the lock will have to be changed and the full complement of new sets of keys cut. In this instance you will be liable for the costs involved and must pay this directly to our Management Firm before being issued with new keys. You agree that if you exit the Property with a key on the inside of the door you will be responsible for the cost of employing a locksmith to gain entry and will pay such costs before being allowed to re-enter the Property. If you lock yourself out there will a charge if our Management Firm is called to let you in.
You agree to comply with the regulations set out in our information pack and any property manual at the Property and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party. You agree to be a considerate tenant and to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition. You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties. Although a final clean is included in the price, we reserve the right to make retention from the security deposit to cover additional cleaning costs, if you leave the Property in an unacceptable condition.
An inventory check will be carried out after your stay. You agree that any breakages caused by you, such as to crockery or glassware or damage to any facility must be advised directly to the owner by email at the time of the breakage or damage. You agree that you will be responsible for replacing any such items where this is possible on site. If it is necessary for our Management Firm to purchase replacements for any such broken items the cost will be deducted from the Damage Deposit together with an additional charge to cover the cost of their time.
You accept that there may on occasion be small indelible marks on linen due to the nature of the holiday rental business but that any such linen is hygienically clean.
You agree to take all necessary steps to safeguard your personal property while at the Property.
You cannot allow more people to stay in the Property than expressly authorised, nor can you significantly change the makeup of the party during your stay in the Property, nor can you take your pet into the Property unless permitted by us in writing in advance. At least one party member must be over 30 years of age and our Management Firm reserves the right to check the passports of guests if it is suspected that this condition has been breached. If you fail to comply with any of these conditions we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the Booking by you and we shall be under no obligation to refund you for any fees already paid to us in those circumstances. Any refund will be at our sole discretion.
You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this Booking Contract.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible. It is essential that you contact the Management Firm immediately (and us in the case of a serious issue) and report any defects in the Property or its facilities or items missing or not as you were expecting or breakdown of the equipment or appliances in the Property or garden that are evident on arrival or which happen during your stay so that arrangements can be made for repair and/or replacement as soon as possible. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified and problems can be made worse if you fail to act. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence at the Property. It is regretted that any complaints made directly to us after your stay that were not reported to our agent or to us while you were in residence at the Property cannot be acted upon and, furthermore, any defects discovered after your stay and not so reported may be attributed to your residence in the Property. For the avoidance of doubt, you shall always contact us if you have any complaint in relation to your Booking or the Property.
Limit of Liability
Our maximum liability for losses you suffer as a result of us acting in breach of this Booking Contract is strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Booking Contract. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you. For the avoidance of doubt, Holiday Lettings shall not be liable to you or responsible for any issue between you and us regarding the Booking, any failure in relation to any payments due to the failure of a payment solution provided by a third party or the rejection of any payment of yours by a third party payment solution provider.
This does not exclude or limit in any way our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
We shall not be in breach of this Booking Contract, or otherwise liable for:
any temporary defect or stoppage in the supply of public services to the Property, nor in respect of any equipment, plant, machinery or appliance in the Property or garden.
any failure, delay in performance, loss, damage or injury, arising from any circumstances beyond our reasonable control including, without limitation, which is the result of adverse weather conditions, flood, fire, explosion, accident, riot, war, strikes or other matters beyond our control.
Law and Jurisdiction
This Booking Contract (including any non-contractual obligations arising under or in relation to this Booking Contract) between you and us is governed by the law of England and Wales and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts of England and Wales.
You may not transfer your Booking or any rights and responsibilities under this Booking Contract to any other person, without our prior written consent. If at any time any part of this Booking Contract is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.
This Booking Contract, together with the Cancellation Policy and our confirmation email and any agreements made between you and us after the date of the Booking Contract contain the entire agreement between us and you relating to the Booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Booking Contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Booking Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Booking Contract.
Cour de Lavande
30, Chemin de la Tour
Tel +44 7983489400+44 7983489400
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