Article 1 - SCOPE OF APPLICATION AND PRE-CONTRACTUAL INFORMATION 

 

1.1. These general rental conditions (hereinafter referred to as the "General Conditions") apply to all rentals of gîtes (hereinafter referred to as the "Gîtes") concluded between the owner of the establishment (hereinafter referred to as the "Renter") and individual consumers (hereinafter referred to as the "Customer(s)"). No special condition may, without the express written acceptance of the Hirer, prevail over these General Conditions, so that any contrary conditions set by the Customer will, in the absence of express acceptance by the Hirer, be unenforceable against the latter. The Hirer reserves the right to modify these General Terms and Conditions at any time, it being understood that the modifications will only apply to bookings made after the said modifications.

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1.2. The present General Conditions are communicated to any Customer who so requests and are available on the Owner's website: www.provence-pousterle.com.They are also communicated at the time of Gîte Reservation Confirmation to the e-mail address indicated by the Customer.Any reservation of a Gîte, and in particular any payment of a deposit for the reservation, implies unreserved acceptance of these General Conditions.

Consequently, the Customer expressly acknowledges having been informed, prior to booking the Gîtes and entering into the contract, in a legible and comprehensible manner, of the present General Conditions and of all the information listed in article L.121-17 of the French Consumer Code, and in particular the following information : 

• the essential characteristics of the services and in particular of the Gîtes offered by the Renter;

• the price of the services and Gîtes, as well as the means of payment accepted;

• information on the identity, activity and contact details of the Renter; 

• information concerning the absence of a right of withdrawal.

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1.3. The present General Terms and Conditions are written in the French language in their original version, which alone is authentic and takes precedence over any other version translated into a foreign language. If any stipulation of these General Terms and Conditions is declared null and void or ineffective on any legal grounds whatsoever by a court of law or any other administration or authority, such a decision shall in no way affect the validity of the other stipulations. The fact of not exercising, at any time, a prerogative or a right recognized herein, or of not requiring the execution of any stipulation herein, shall in no case be interpreted, either as a modification of the contract, or as an express or tacit renunciation of the right to exercise said prerogative in the future, or of the right to require the scrupulous execution of the commitments made herein.

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Article 2 - LESSOR'S IDENTITY AND CONTACT INFORMATION

 

The Gîtes rental services described in these General Terms and Conditions are offered by the Renter, whose full details and contact information are given below: 

Identity: Société JPC Vacances, SARL, with a capital of €10,000, registered under number 441 754 959, at the Registre du Commerce et des Sociétés de Nîmes, represented by Mrs Claudie DOL, in her capacity as manager.

Address: "La Pousterle" - 191, route tour de la madone, 30200 Sabran, France 

Website: www.provence-pousterle.com 

Phone number: 04.66.79.04.03 

E-mail: pousterle.provence@gmail.com

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Article 3 - DESCRIPTION OF SERVICES - GITES VILLAGE 

 

3.1. The rental services, the Gîtes and all ancillary and/or complementary services that may be offered by the Owner are described on the Owner's website. Although the Owner makes every effort to ensure that the photographs appearing on its website are faithful and up-to-date reproductions of its Gîtes and services, variations may occur due in particular to the technical characteristics and color resolution of the photographs. Similarly, for reasons of internal organization and in order to ensure the comfort of the Gîtes and the renewal of furniture and equipment, the Owner may have to replace certain furniture and/or equipment shown in the photographs on the website. Consequently, the Customer may not claim any indemnity whatsoever, nor call into question in any way the reservation made, due to shortcomings or delays in updating certain photographs on the website. In any event, the Customer may contact the Hirer for any questions and/or additional details concerning the services and Gîtes offered, using the contact details given in article 2 above. 

Similarly, a specific quote may be drawn up by the Hirer, taking into account the specific requests and needs expressed by the Customer.

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3.2. The Customer is expressly informed that the Gîtes offered by the Hirer are designed for a precise and determined number of people. Consequently, the Owner may at any time, without incurring any liability whatsoever, refuse the entry and presence of additional persons in the Gîtes initially rented. The Customer expressly acknowledges and accepts that the Gîte rental services offered by the Hirer are for a limited and specific period, and that the Customer may not claim, for any reason or at any time whatsoever, a right to remain in the Gîtes.

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Article 4 - FORMATION OF THE CONTRACT - CONDITIONS OF RESERVATION 

 

4.1. DOWN PAYMENT 

4.1.1. Unless otherwise specifically agreed by the Renter, the conclusion of the rental contract is expressly subject to the prior payment of a deposit of Thirty percent (30%) of the total amount of the reservation made, all taxes included (VAT). This deposit must be paid : 

• either during the online booking process, in accordance with the conditions set out in article 4.2 below;

• or by cheque or bank transfer if the Customer decides not to pay online.

 

4.1.2 It is expressly agreed that the payment of the above-mentioned percentage constitutes a "deposit", thus excluding the qualification of a "deposit" in accordance with the provisions of article L.131-1 of the French Consumer Code. Consequently, the payment of this deposit by the Customer and its collection by the Hirer firmly and definitively binds the Parties to the rental contract and entails unreserved acceptance of the present Terms and Conditions.

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4.1.3. Any deposit paid by the Customer is cashed on receipt by the Hirer to firmly validate the reservation of the Gite(s) and deducted from the total invoice. The balance of the total invoice corresponding to the reservation made must be paid no later than four (4) weeks before the start date of the stay. In the event of non-payment of the balance, the Customer is expressly informed that the Hirer reserves the right to cancel the reservation made, without the Customer being able to claim any indemnity or compensation in this respect.

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4.2. ONLINE BOOKING AND PAYMENT 

4.2.1. The Customer may reserve a Gite directly from the Owner's website. In this case, the following steps must be followed (the order of which may vary depending on the Website's updates and technical constraints): 

i. Enter the website address and follow the instructions. 

ii. Fill in the reservation form provided online, according to the instructions, and enter the information required for identification, in particular surname, first name, postal address and e-mail address. The Customer is fully responsible for the accuracy and completeness of the information entered during the reservation process. 

iii. Verify the elements of the reservation and, if necessary, identify and correct any errors or omissions. 

iv. Validate the reservation, the total price including all taxes (VAT) and the payment of the deposit referred to in article 4.1 above. 

v. Follow the instructions of the online payment server to pay the deposit requested in accordance with article 4.1 above. 

vi. The Customer then receives a Reservation Confirmation electronically, mentioning acceptance of the deposit payment, the balance to be paid and summarizing the details of the reservation made, as well as the present General Terms and Conditions.

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4.2.2. In the event that the aforementioned deposit cannot be debited, the Customer is expressly informed that the reservation of the Gîtes cannot take place and will be cancelled ipso jure, without the Customer being able to claim any compensation in this respect. In the same way, it is expressly reminded that the maintenance of the reservation made on line is expressly subordinated to the payment of the balance of the reservation, which must intervene at the latest four (4) weeks before the date of beginning of the stay.

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4.2.3. At the end of the booking process, the Customer is advised to download, save or print these General Terms and Conditions.

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4.3. REMOTE BOOKING AND PAYMENT (OTHER THAN ONLINE PAYMENT) 

Payment of the thirty percent (30%) deposit referred to in article 4.1 above may be made by cheque or bank transfer to the bank details provided by the Hirer. Once the deposit has been received and cashed, the Hirer will send a Reservation Confirmation by e-mail to the address previously provided by the Customer, summarizing the details of the reservation made. It is expressly reminded that the reservation made online is expressly subject to payment of the balance of the reservation, which must be received no later than four (4) weeks before the start date of the holiday.

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4.4. NO RIGHT OF WITHDRAWAL 

In accordance with article L.121-21-8, 12° of the French Consumer Code, and notwithstanding the modification and cancellation procedures set out in articles 4.5 and 4.6 below, the Customer is expressly informed that he/she does not benefit from the legal right of withdrawal provided for in article L.121-21 of the French Consumer Code.

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4.5. MODIFICATION / CANCELLATION BY THE CUSTOMER 

4.5.1. Unless specifically agreed otherwise by the Owner, Gîtes bookings and arrival dates cannot be modified by the Customer once they have been confirmed by the receipt of the deposit referred to in article 4.1 above. In any event, the Customer undertakes to inform the Hirer of any late arrival in relation to the agreed date and time, and in any event after 7 p.m. in accordance with article 6.1 below. In the absence of such notification, and if the Customer does not show up before the mandatory arrival times referred to in article 6.1 below, unless otherwise agreed by the Owner, the reservation will be deemed to have been cancelled by the Customer and the Owner will be free to use his Gîtes.

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4.5.2. Except in cases of force majeure, in the event of cancellation of the reservation by the Customer :  

• four (4) weeks or more before the start date of the holiday: the Hirer will retain the deposit paid, to the exclusion of any other sum; 

• less than four (4) weeks before the start date of the holiday: the Hirer will retain the deposit paid and the balance paid in the meantime.

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4.5.3. Likewise, in the event of a no-show by the Customer, without information or warning from the Hirer, or in the event of a shortened stay, the Hirer will retain all sums paid (deposit + balance) corresponding to all nights booked, with the exception of any additional services not consumed.

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4.5.4. In any event, the Customer undertakes to inform the Hirer of any modification and/or cancellation by any written means (letter, e-mail).

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4.6. MODIFICATION / ANNULATION PAR LE BAILLEUR 

4.6.1. Compte tenu des contraintes de gestion propres à la réservation de Gîtes et pour des raisons de sécurité et/ou de rénovation temporaire des Gîtes, le Loueur se réserve le droit de changer le Gîte initialement réservé pour un Gîte de même capacité et de même standing ou de capacité et de standing supérieurs. Dans ce cas, et sauf accord contraire du Propriétaire, le Client ne peut demander aucune réduction du prix de la réservation.

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4.6.2. Except in cases of force majeure, in the event of cancellation of the reservation by the Hirer : 

• four (4) weeks or more before the start of the rental period: the Hirer will reimburse the Customer the full amount of the deposit paid, to the exclusion of any other sum; 

• less than four (4) weeks before the start of the rental period: in the absence of an agreement between the parties to postpone the rental period on the basis of the proposals made by the rental company, the rental company will reimburse the customer all sums paid.

 

4.6.3. In any event, the Hirer will inform the Customer of any modification and/or cancellation by any written means (letter, fax, e-mail).

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Article 5 - PRICE AND PAYMENT TERMS

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5.1. PRICES 

The prices for the rental of the Gîtes and any ancillary or complementary services are indicated by the Renter on his website and/or in all brochures, documents and Internet platforms delivered and/or accessible to the Customer, as well as in the Reservation Confirmation sent in accordance with article 4.2 above. Unless otherwise stated, these prices are inclusive of all taxes, taking into account the VAT rate applicable on the day of booking, with the exception of tourist tax. The Hirer reserves the right to modify his prices at any time, it being understood that price modifications will only be applicable to reservations made after the said modifications.

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5.2. PAYMENT TERMS 

It is expressly reminded that for all on-line Gîte reservations, the Customer pays a deposit of Thirty percent (30%) of the total amount of the reservation made, including all taxes (TTC). Likewise, it is reminded that the balance of the reserved stay must be paid in full four (4) weeks before the start of the stay. Additional services consumed by the Customer during his stay will be invoiced and paid for at the end of the stay. The following methods of payment are available to the customer: cash, credit card, bank transfer, cheque, vacation voucher.

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Article 6 - LESSOR'S OBLIGATIONS

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6.1. Subject to the regular completion of the reservation formalities by the Customer, and in particular the payment of the deposit and the balance of the reservation, the Hirer undertakes to make the reserved Gite(s) available to the Customer according to the agreed dates and duration of the stay. In this context, unless otherwise agreed by the Owner, the Customer is expressly informed of the following mandatory arrival and departure times: 

Arrival time: 4 p.m., it being specified that the Customer must inform the Owner of any arrival after 7 p.m. 

Departure time: 10 a.m. at the latest. 

 

6.2. Subject to the clauses of article 4.6.1. above, the Renter undertakes to guarantee the Customer the peaceful enjoyment of the rented Gite and the availability of its equipment and furnishings.

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Article 7 - CUSTOMER'S OBLIGATIONS

 

7.1. USE OF THE GITES AND PREMISES 

7.1.1. The Customer is obliged to use and enjoy the rented Gite(s) and their furniture and equipment peacefully as a "bon père de famille". Smoking is strictly forbidden in the Gîtes and in the common areas of the Hirer's establishment. More generally, in order to ensure the peace and quiet and peaceful enjoyment of the premises by all the Owner's customers, each Customer undertakes to respect reasonable and appropriate good manners, as well as any instructions communicated by the Owner which are not included in these General Terms and Conditions.

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7.1.2. In accordance with article 1731 of the French Civil Code, the Customer is presumed to have received the rented Gîte, its furniture and equipment in a good state of use and conservation, and is obliged to return them to the Owner in the same state.  Consequently, the Customer is liable and obliged to compensate the Hirer for any damage and/or loss occurring during the stay, rendering the rented Gîte unfit for its purpose and for any new rental, unless such damage and/or loss occurred through no fault of the Customer. The Customer is required to send the Owner any complaints concerning the conformity and/or condition of the Gîtes reserved within three (3) calendar days of entering the premises. In any event, the Customer must inform the Hirer as soon as possible of any incident, deterioration and/or damage, whether or not caused by the Customer, from the time of entry into the premises and throughout the duration of the stay.

 

7.2. PETS 

Pets are accepted on the Hirer's premises subject to payment of a supplement of Twenty-Eight Euros (€28) per pet per week. Pets must be kept on a leash in the park, be in good health and have their vaccinations up to date. In any event, the Customer is liable for any injury and/or damage caused by the animals, which he/she retains full custody of for the duration of the stay.

 

7.3. SWIMMING POOL 

The swimming pool is accessible every day during the following daily time slot: 10 am - 8 pm. Access to and use of the pool area is reserved exclusively for resident customers, who are solely responsible for any accidents that may occur in the pool area. Minors wishing to access the pool must be accompanied by their parents and/or an adult with authority over them, who are solely and exclusively responsible for their care and supervision. More generally, each Customer undertakes to comply scrupulously with all indications and instructions provided by the Owner concerning access to and use of the pool area.

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7.4. RESPONSIBILITY FOR MINORS 

The Customer is expressly informed and warned that minors present and working on the Hirer's premises are placed under the sole and entire responsibility of their parents and/or any person having authority over them.

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7.5. PERSONAL PROPERTY 

The Customer's personal property is placed under the sole and entire responsibility of the Customer, who is responsible for taking all precautionary and security measures useful and necessary for its preservation and/or for any damage it may cause. Subject to the relevant legal provisions, the Hirer accepts no liability whatsoever in the event of loss, theft, injury and/or damage caused to goods and/or persons on the Hirer's premises, regardless of the cause or time.

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Article 8 - FORCE MAJEURE 

 

8.1. In accordance with article 1148 of the French Civil Code and the definition adopted by the jurisprudence of the French courts and tribunals, force majeure is defined as any event beyond the control of the Parties that is both unforeseeable and irresistible and/or unavoidable. Consequently, it is expressly agreed that in the event of default by one of the Parties on any of the obligations provided for and/or arising from the present General Terms and Conditions due to an event of force majeure within the meaning of the present article, the defaulting Party shall not incur any liability opposite the other Part.

 

8.2. In particular, the Customer is expressly informed that the Hirer may be prevented, against his will, from fulfilling all or part of his obligations under these General Terms and Conditions due to an event of force majeure, such as, but not limited to, bad weather, earthquakes, fires, storms, floods, water damage and any climatic event making it impossible to receive and/or accommodate customers under normal and legal safety conditions. In such cases, it is expressly agreed that the Hirer shall not be held liable in any way whatsoever, nor be liable to pay any compensation to the Customer for the total or partial non-fulfilment of its obligations.

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Article 9 - PERSONAL DATA 

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Information and data concerning the Customer are collected by the Hirer solely for the purpose of processing Gîtes reservations. This information and data may be collected and recorded in a customer file belonging to the Owner. In accordance with the "Loi Informatique et Libertés" of January 6, 1978, the Customer has the right to access, withdraw and rectify his/her personal data by contacting the Owner using the contact details given in article 2. Likewise, the Customer is expressly informed of the fact that during the Gîtes reservation process, he/she may be asked to accept or refuse to receive commercial and/or promotional offers from the Owner at a later date.

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Article 10 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES 

 

The present General Terms and Conditions and any contractual relationship arising therefrom between the Parties are governed exclusively by French law, to the exclusion of any other foreign legislation and/or regulations. For any dispute relating to the validity, interpretation, performance, non-performance, interruption and/or termination of these General Terms and Conditions and any obligations arising therefrom, the jurisdiction of the Courts shall be determined in accordance with the applicable rules of procedure and international regulations and conventions.