Section A: General Terms and Conditions
1. PURPOSE: These general terms and conditions define the rights and obligations of the parties in the context of the remote reservation of services of the properties known as Orchard Cottage, Courtyard Cottage, Terrace Cottage and Park Cottage offered by Domaine Lavie. They govern all steps necessary for the reservation and follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general terms and conditions of sale and the terms and conditions of sale for the reserved rate, accessible on our reservation platform. These general terms and conditions and house rules apply to all reservations made online, via our reservation platform.
2. RESERVATION: The customer chooses the services presented on our booking platform. They acknowledge having read the nature, destination and booking terms of the services available on our booking platform and, having requested and obtained the necessary and/or additional information, make their booking with full knowledge of the facts. The customer is solely responsible for their choice of services and their suitability for their needs, such that Domaine Lavie cannot be held responsible in this regard. The booking is deemed accepted by the customer at the end of the booking process.
3. BOOKING PROCESS: Reservations made by the customer are made using the electronic booking form available online on our booking platform. The reservation is deemed to be made upon receipt of the booking form. The customer undertakes, prior to any reservation, to complete the information requested on the form or booking request. The customer attests to the truthfulness and accuracy of the information provided. After the final selection of the services to be booked, the booking process includes, in particular, entering the credit card details in the event of a guarantee or advance payment request, reviewing and accepting the general terms and conditions of sale and the terms and conditions of sale for the reserved rate before confirming the reservation, and finally, the customer's confirmation of the booking.
4. BOOKING ACKNOWLEDGEMENT: Our booking platform acknowledges receipt of the customer's booking by promptly sending an email. In the case of online booking, the email acknowledgement summarises the contract offer, the reserved services, the prices, the sales conditions relating to the selected rate, accepted by the customer, the date of the booking, and information regarding after-sales service.
5. CANCELLATION OR MODIFICATION BY THE CUSTOMER: The customer is reminded, in accordance with Article L.221-28 of the French Consumer Code, that they do not have the right of withdrawal provided for in Article L.221-18 of the French Consumer Code. The terms and conditions of sale for the reserved rate specify the terms and conditions for cancelling and/or modifying the reservation. Reservations with a deposit payment cannot be modified or cancelled and the deposit will not be refunded if the cancellation is due to the customer. In this case, this is mentioned in the terms and conditions of sale for the rate. When the terms and conditions of sale of the reserved rate allow for cancellation of the reservation. This must be made directly with Domaine Lavie, whose contact details are specified on the reservation confirmation sent by email. All reservations are personal and cannot under any circumstances be transferred to a third party, either free of charge or for a fee.
6. LIABILITY: Domaine Lavie cannot be held liable for non-fulfilment or improper fulfilment of the reservation in the event of force majeure, due to third party, or due to the customer, including unavailability of the internet network, inability to access the website, external intrusion, computer viruses, or in the cases of prepayment not previously authorised by the cardholder's bank. Any reservation or payment that is irregular, ineffective, incomplete or fraudulent for reasons attributable to the customer will result in cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the customer
7. COMPLAINTS: The customer must report any issue regarding the non-fulfilment or improper fulfilment of services immediately during their stay, so that we have the opportunity to resolve it. Complaints that are raised only after departure and were not reported during the stay will not be considered.
8. PRICES: Prices for booking services are indicated before, and at the time of, booking. Prices are confirmed to the customer in the amount inclusive of VAT, in euros, and are only valid for the duration indicated on the booking platform. If the debit at Domaine Lavie is made in a currency other than euros, the exchange fees are the responsibility of the customer. All bookings, regardless of their origin, are payable in euros, unless otherwise stated on site. Unless otherwise stated on the booking platform, additional services and/or expenses and tourist taxes are not included in the price. If applicable, these are listed on the rates page and must be paid directly to Domaine Lavie on or before the day of departure. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoice date. Any changes or introduction of new legal or regulatory taxes imposed by the relevant authorities will be automatically reflected in the prices indicated on the invoice date.
9. PAYMENT: A payment of 20% of the total due is made at the time of booking. This prepayment is called a deposit and is non-refundable. Domaine Lavie has chosen elloha.com/stripe.com to secure online payments by bank card. The validity of the customer's payment card is verified by stripe.com. There may be a refusal of the payment card for several reasons: stolen card, card blocked, limit reached, input error etc. In the event of a problem, the customer must contact both their bank and Domaine Lavie to confirm the reservation and the payment method. The balance of the rent together with the security deposit of 250€ (see Clause 10) is payable not less than 42 days) before the start of the rental period. A reminder will be sent at least 7 days before the payment is due and the payment can be made by bank transfer or bank card. Reservations made within 42 days of the start of the rental period require full payment of the rental cost and security deposit at the time of booking. If the balance is not received by the due date, we reserve the right to give notice in writing that the reservation is cancelled.
10. SECURITY DEPOSIT: A security deposit of 250€ is payable with the rental balance. This is required in case of, for example, damage to the property or its contents. However, the sum reserved by this clause shall not limit the customer's liability to Domaine Lavie.
11. PRIVACY POLICY: The customer is informed, on each personal data collection form, whether responses are mandatory or optional by the presence of an asterisk. The information processed is intended for Domaine Lavie, elloha.com, its entities, partners and service providers (including online payment providers). The customer authorises elloha.com to share your personal data with third parties provided that such communication is compatible with the execution of the operations incumbent on elloha.com under these general conditions and in accordance with the Customer Charter for the Protection of Personal Data. Particularly when making online payments, the customer's bank details must be transmitted by the payment provider stripe.com to Domaine Lavie's bank for the execution of the reservation contract. The client is informed that this data transfer may therefore take place in foreign countries that do not have adequate personal data protection within the meaning of the French Data Protection Act. However, the customer consents to this transfer necessary for the execution of your reservation. Constellation SAS/Stripe.com, in their professional capacity, have committed to Domaine Lavie to take all security and data confidentiality measures for said data transfers.
12. EVIDENCE AGREEMENT: The entry of the required banking information, as well as the acceptance of these general terms and conditions and the reservation form or request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerised records stored in the elloha.com computer systems will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. You are informed that your IP address is recorded at the time of booking.
13. FORCE MAJEUR: Force majeure means any event external to the parties that is both unforeseeable and insurmountable and prevents either the customer or Domaine Lavie from fulfilling all or part of the obligations set out in the contract. Force majeure or unforeseeable circumstances are those generally recognised by the case law of the French courts or tribunals. Neither party shall be held liable to the other party for failure to perform its obligations resulting from a force majeur event. It is expressly agreed that force majeure suspends the performance of the parties' mutual obligations and that each party shall bear the costs arising therefrom.
14. DISPUTE RESOLUTION: These General Terms and Conditions of Sale are governed by French law, without prejudice to any mandatory protective provisions that may apply in the customer's country of residence.
15. ENTIRE AGREEMENT: These General Terms and Conditions of Sale; the terms and conditions of sale for the rate reserved by the customer and the reservation voucher or request express the entirety of the parties' obligations. No general or specific terms and conditions communicated by the customer may be incorporated into these general terms and conditions. The documents constituting the contractual commitments between the parties are, in descending order of priority, the reservation voucher or request (including the specific terms and conditions of the reserved rate) and these general terms and conditions. In the event of a contradiction between the reservation voucher and the general terms and conditions, the provisions contained in the reservation voucher shall be the only ones applicable to the obligation in question. These general terms and conditions and conditions of online sale may be modified and/or supplemented at any time by Domaine Lavie. In this case, the new version of the general terms and conditions of online sale will be posted online by Domaine Lavie. As soon as it is posted online, the new version of the general terms and conditions of online sale automatically apply to future customers.
16. GUEST INFORMATION FORM: Once the reservation is confirmed the customer must complete the Guest Information form with full details of all members of the party, including infants and children: full name and title, date of birth, address, contact telephone number and nationality. This information will be used to for calculating tourist tax and identifying those who are required to complete a police form on arrival.
17. HOLIDAY INSURANCE: The customer and all other members of their party are strongly advised to take out comprehensive travel insurance, including cancellation and medical cover. Cover for personal liability (including damage caused by the insured to the Property) and your personal belongings should also be included since these are not covered by our insurance. Should the customer or any member of their party choose not to take out insurance then they accept responsibility for any loss arising from the cancellation or any costs arising from damage to the Property.
18. TAXE DE SEJOUR: As a classified tourist accommodation provider Domaine Lavie required to collect Taxe de Séjour which is payable by all guests aged 18 or over. We will confirm the amount of Taxe de Séjour due and ask that the customer pays in cash euros on or before departure or, if preferred or do not otherwise do so, we will deduct the amount due from the Security Deposit.
19. ADDITIONAL EXPENSES: Gas, electricity and water are included in the rental price, with the exception of heating between 1 November and 31 March. An additional charge is calculated by taking meter readings on arrival and departure. The electricity is charged at cost and the amount due must be paid in cash euros on the day of departure.
Section B: House Rules
20. OCCUPATION: Only the Guests listed on the Guest Information form are entitled to occupy the property booked and use the facilities at Domaine Lavie, including but not limited to, the swimming pool. For insurance purposes, the maximum number to reside in the property must not exceed the maximum advertised capacity of the cottage(s) being rented. These are as follows: Terrace Cottage: maximum 2 (strictly no infants/children); Courtyard Cottage and Orchard Cottage: maximum 4 plus infant; Park Cottage: maximum 6 plus infant. An infant is defined as a baby sleeping in a cot. We reserve the right to terminate the booking without notice and without compensation or refund in case of a breach of these conditions.
21. UNREASONABLE BEHAVIOUR: We simply ask that the customer and their party respect the other guests staying at Domaine Lavie and behave in a manner that does not interfere with the enjoyment of their holiday. We reserve the right to terminate the booking without compensation or refund where the unreasonable behaviour of you or any member of your party may impair the safety, health or comfort of other guests.
22. SMOKING: Smoking and vaping inside the property or around the pool area are strictly forbidden and will result in immediate termination of occupancy and forfeiture of all payments. Any damage or extra cleaning caused by smoking/vaping will be deducted from the Security Deposit.
23. SUNSCREEN: Many commonly used sunscreen products (creams, lotions and sprays) contain Avobenzone, Oxybenzone and Octinoxate. Not only are these chemicals damaging to the environment, and potentially to the users' health, they are also responsible for staining our towels and bedding. The worst offender is the brand P20. These stains require the use of more environmentally unfriendly chemicals to try and remove them, often unsuccessfully. We totally understand the need for protecting your skin against UVA and UVB rays and are in no way suggesting otherwise. However, we ask that the customer and their party do not use sunscreens containing the above harmful ingredients and specifically not to use P20. We ask that you opt instead for mineral based sunscreen products containing zinc oxide or titanium dioxide, as well as adopting other sun protection methods such as wearing a rash vest when using the swimming pool. If we are unable to remove sunscreen stains from towels or bedding, we reserve the right to charge a replacement fee of £20 per bath sheet, flat sheet or fitted sheet and £10 per hand towel or pillow case. The total amount will be deducted from your security deposit.
24. PETS: Guests are not permitted to bring dogs or other animals to the property unless they have been booked through the online booking platform at the time of booking. Any breach will result in immediate termination of occupancy and forfeiture of all payments. In any event, we do not accept dogs or other animals during July and August, or cats at any time.
25. CLEANING: Customers are responsible for leaving their cottage in the state in which they found it, i.e., clean and tidy. The customer agrees to empty rubbish and recycling bins, strip beds and clean dirty dishes etc. In the event that significant extra cleaning is required to bring the Property back up to standard, a cleaning fee of 20€ per hour will be charged and deducted from the Security Deposit.
26. BREAKAGES & DAMAGE: The Owners should be notified immediately of any breakages/ damage so that replacement/repair can be arranged before the next incoming guests.
27. TEMPORARY DEFECT OR MALFUNCTION: The Owner shall make every effort to ensure the correct functioning of equipment, machinery and appliances in the Property, grounds and swimming pool, but shall not be liable for any temporary defect or malfunction. In the event of breakdown of equipment or appliances in the property, garden or swimming pool the Owner should be notified immediately and arrangements for repair and/or replacement will be made as soon as possible. The Owner shall not be liable for any temporary defect or stoppage in the supply of public services to the Property or for any loss, damage or injury which is the result of adverse weather conditions, riot, war, strike or other matters beyond our control.