General terms and conditions of sale

CONDITIONS GÉNÉRALES DE VENTE
Réservation déun séjour en hébergement Gîtes de France®
Conditions applicable à toutes les réservations

1 - The parties to the contract :

The Customer is any person who books accommodation offered on the Gîtes de France network website (https://gites-de-france-reunion.com) or by e-mail or telephone or at one of the branches of the Gîtes de France® network listed on the https://www.gites-de-france.com/fr/le-reseau-gites-de-france website. The Customer may only make a reservation if he/she is of legal age and authorised to sign contracts for which he/she is responsible.

The Customer will be financially responsible for all his or her services.

The services sold on the Gîtes de France® websites are reserved for private individuals. Groups and professionals must contact the Seller directly.

The Seller is the legally authorised rental agency offering rentals and séjours au nom de ses mandants et s’engagant à respecter les dispositions légales applicables dont l’article 68 du décret de 1972 (n°72-678) modifié.

Le « Propriétaire » désigne le propriétaire de l’hébergement dans lequel les séjours sont proposés.

2 - Purpose of the contract : The purpose of these general terms and conditions of sale is to provide a framework for the reservation of a stay in an approved accommodation;In no event shall the Fédération Nationale Gîtes de France be liable for any loss or damage arising out of or in connection with this agreement. Under no circumstances shall the Fédération Nationale Gîtes de France® be held liable in the event of these general terms and conditions of sale being used by third parties or à purposes other than tourism.

3 - The réservation :

Réservation more than 6 months before the début of the séday : Pursuant to article 68 of the amended décret 72-678 of 20 July 1972, no payment may be made in respect of seasonal lettings booked through an intermediary more than 6 months before the start of the rental period. To confirm the stay, the contract must be signed and returned, and the deposit must be paid 6 months before the start of the stay.

Online booking à from 6 months before the sébut of the séday with payment by bank card : Once you have made your selection and clicked on the "Reserve" button or "Reserve online" button, you will be able to reserve your place on the website; or « je réserve maintenant », the Customer sees an écran that récapitule the élents of the réservation.

The Customer is then invited to complete a page of personal data, which they validate.

Then a screen summarises the specific details contained in the booking contract, the description of the accommodation and these general terms and conditions of sale.

Clicking on the next button takes the user to the next page, where he or she can complete the personal data page, which he or she validates.

Then clicking on the next button takes the user to the next page, where he or she can complete the personal data page, which he or she validates.

A screen summarises the specific details contained in the booking contract, the description of the accommodation and these general terms and conditions of sale.

Clicking on the next button takes the user to the next page, where he or she can complete the personal data page, which he or she validates.

By clicking on the "validate" button, the Customer validates and confirms his/her order, declaring that he/she has read and understood the booking contract, the special terms and conditions of sale, the description of the accommodation, and the terms and conditions of sale;The Customer accepts these general terms and conditions of sale and is irrevocably bound by them. Acceptance may not be subsequently challenged. The automatic recording systems put in place by the Seller are considered as proof of the conclusion of the transaction.

The Customer will receive confirmation of the order by e-mail. This confirmation will set out the essential characteristics of the reservation, its price and the methods of payment. The content of the reservation confirmation is archived by the Seller. It shall be deemed to be dated proof of the Customer's consent to the reservation.

If the Customer does not agree to the reservation, the Seller shall notify the Customer.

If the time between the date of booking and the date of commencement of the day is less than 30 days, only payment by bank card will be offered to the Customer and the day must be paid in full at the time of booking.

Service without online payment or service by telephone or email : The Customer may contact the Seller either via the Site (using a form), by telephone or by e-mail to receive the reservation contract, the special conditions of sale, the description sheet for the accommodation and the general conditions of sale.

In the event of a request from the Site, once you have made your selection and clicked on the "reserve" or "reserve online" button, you will be asked to "reserve online";If the Customer clicks on "Serve online" or "I'm serving now", a screen will appear summarising the details of the reservation. The Customer is then invited to complete a page of personal data, which he or she validates. A screen then summarises the specific details contained in the reservation contract. Finally, by clicking on the "Validate" button, the Customer agrees to receive the booking contract, the special terms and conditions of sale, the description of the accommodation and the general terms and conditions of sale.

The Customer agrees to receive the booking contract, the special terms and conditions of sale, the description of the accommodation and the general terms and conditions of sale.

The Customer agrees to receive the booking contract, the special terms and conditions of sale, the description of the accommodation and the general terms and conditions of sale.

The Customer agrees to receive the booking contract, the special terms and conditions of sale, the description of the accommodation and the general terms and conditions of sale.

The reservation becomes final upon receipt of a copy of the reservation contract signed by the Customer, which implies, in particular, acceptance of these general terms and conditions of sale;The Customer agrees to accept these general terms and conditions of sale and to pay a deposit corresponding to 25% of the rental price of the accommodation, the total cost of the reservation and any cancellation insurance premium that may have been taken out. If the time between the date of booking and the date of the start of the holiday is less than 30 days, only payment by bank card will be offered to the Customer and the full cost of the holiday must be paid on booking.

According to the payment (deposit or totality of the séjour), the reacute;servation agency considers that the Customer accepts the terms, conditions and total price of his séjour.

Agency booking: In the event of an agency booking, the Seller will provide the Customer with a draft booking contract, the special terms and conditions of sale, the description sheet for the accommodation and these general terms and conditions of sale. The reservation is definitively made after receipt or delivery to the Seller, and before the deadline mentioned on the project, of a copy of the reservation contract signed by the Customer, implying in particular acceptance of these general terms and conditions of sale;These general terms and conditions of sale and the payment of a deposit corresponding to 25% of the rental price of the accommodation, the total cost of the reservation and the cancellation insurance premium, if applicable. If the time between the date of booking and the date of the start of the holiday is less than 30 days, only payment by bank card will be offered to the Customer and the full cost of the holiday must be paid on booking.

According to the payment (deposit or totality of the séjour), the reacute;servation agency considers that the Customer accepts the terms, conditions and total price of his séjour.

Payment of the balance: The Customer must pay the Vendor the balance of the agreed and outstanding service 30 days before the start of the holiday.

A Customer who has not paid the balance by the agreed date will be deemed to have cancelled the holiday. From that point on, the service is once again offered for sale and no refund will be made.

Duration of the day : The reservation contract is concluded for a definitive duration. Under no circumstances may the Customer claim any right to remain in the premises at the end of the period.

4 - Non-transferability of the contract :  The rental contract is concluded intuitu personae and cannot be cancelled.

The Customer is prohibited from subletting or making the accommodation available free of charge to a third party, except with the prior agreement of the Owner. Failure to comply with this prohibition will result in the immediate termination of the rental contract to the detriment of the Customer.

5 - Accommodation capacity : The accommodation contract is booked for a specific number of people. If the number of occupants exceeds the accommodation capacity, the Owner may refuse to accept additional Guests. In this case, any modification or breach of the contract will be considered to be at the Customer's initiative.

The installation of tents or the parking of caravans on the grounds of the rented property is also prohibited, except with the prior written agreement of the Owner. Failure to comply with this prohibition will result in the immediate termination of the rental contract to the detriment of the Customer and will not give rise to any reimbursement.

6 - Your pets : The booking contract and the description sheet specify whether or not the Customer may stay in the company of pets. If the Customer fails to comply with this clause, the Owner may refuse the stay. In this case, no refund will be made. For self-catering bookings, the Customer is required to indicate the number of pets that will be accompanying him/her at the time of booking. The description sheet specifies any supplements to the above rates (pet rate, guarantee surcharge, swimming package surcharge). The Owner may specify specific care arrangements for pets in the internal regulations displayed in the accommodation: the reservation contract may be terminated to the detriment of the Customer in the event of non-compliance with these conditions. No refund will be made.

7 - Cancellation by the Customer : Any cancellation must be notified to the Seller (by email, via the customer account, by post).

a/ The Customer is covered by cancellation insurance: please refer to the refund conditions set out in the insurance contract.

b/ The Customer does not have cancellation insurance: for any cancellation caused by the Customer, reimbursement by the Seller, with the exception of booking fees, shall be made as follows:

• cancellation up to and including the 21st day before the start of the following day : the amount of the deposit corresponding to 25% of the amount of the rent, plus if the Customer chooses to benefit from it, 25% of the amount of all services directly linked to the sées will be retained;The balance will be reimbursed if it has been cashed on the date of cancellation.
• cancellation between the 20th and the 8th day inclusive before the start of the stay: 50% of the amount of the rent and the amount of the services directly linked to the stay as shown on the description sheet will be retained, if the Customer has chosen to benefit from them;
• cancellation between the 7th and 2nd days inclusive before the start of the stay: 75% of the rent and the amount of the services directly linked to the stay as shown on the description sheet will be retained, if the Customer has chosen to benefit from them;
• Cancellation the day before or on the day of arrival originally specified in the contract or failure to show up: no refund will be given
.

8 - Interruption of the day by the Customer : In the event of interruption of the day by the Customer, no reimbursement will be made unless the reason for the interruption is covered by the cancellation insurance available to the Customer.

9 - Cancellation by the Vendor : If, before the start of the day, the Vendor cancels the day, he must inform the Customer by registered letter with acknowledgement of receipt. By way of derogation, in the event of cancellation between the 7th day and the day of arrival, notification will be made by telephone and e-mail. The Customer will be reimbursed immediately and without penalty for any sums paid. He will also receive compensation at least equal to the penalty he would have incurred if the cancellation had been his fault on that date.

These provisions do not apply where an amicable agreement is reached for the purpose of the Customer accepting a substitute day within the Gîtes de France® network proposed by the Seller.

10 - Modification of a substantial élément by the Seller prior to the dégoal of the séday : If, prior to the date specified for the expiry of the contract, the Seller is obliged to make a change to one of the essential elements of the supply contract, the Customer may, after having been informed of the change, request the Seller to amend the contract;informed by the Seller by registered letter with acknowledgement of receipt or by dérogation, between the 3^èth day and the day of arrival, by telephone and by email :

• or cancel its reservation contract and obtain immediate reimbursement of the sums paid without penalty;
or
• or accept the change or substitution of accommodation proposed by the Seller: an amendment to the reservation contract specifying the changes made shall then be signed by the parties. Any reduction in price will be deducted from the sums still owed by the Customer, and if the payment made by the Customer exceeds the price of the modified service, the excess will be returned to the Customer before the end of the Customer's stay.

11 - Prevention of the Seller from providing the services set out in the reservation contract during the course of the period : If, during the course of the day, the Seller is unable to provide a significant proportion of the services set out in the reservation contract (other than due to unforeseen circumstances), the Seller shall be deemed to have failed to fulfil its obligations under the reservation contract;servation (other than due to weather conditions such as heavy rain, snow, ice, fire or any other external event such as strikes, epidemics, disruption of the supply of electricity, etc.);2 days for a one-week rental period and 3 days for a three-week rental period;riode de réservation sup&eute;rieure à la semaine, le Vendeur proposerera un séjour en remplacement du séjour prévu en bearing éventuellement toute supplément de prix.

If the séjour accepted by the Customer is of inferior quality, the Vendor will reimburse the Customer for the price difference before the end of the Customer's séjour. If the Vendor is unable to offer a replacement day or if this is refused by the Customer, the Vendor will reimburse the Customer pro rata for the day not used.

However, in order to benefit from this article, the Customer must inform the Vendor (by e-mail) immediately, which will enable the Vendor to attempt to resolve the difficulty and make the delay run.

12 - Customer's responsibility : It is the Customer's responsibility to check that the information he/she provides when registering, or at any other time, is accurate and complete. It is the Customer’s responsibility to ensure that the contact details they provide when registering are correct and that they will enable them to receive confirmation of their registration. In the event that the Customer does not receive this confirmation, it is the Customer's responsibility to contact the Seller. In order to ensure that the Customer's file is properly followed up, the Customer must immediately inform the Seller of any changes to the information provided at the time of registration.

13 - Liability of the Vendor: The Vendor who offers services to a Customer is the sole interlocutor of this Customer and is answerable to this Customer for the fulfilment of the obligations arising from these General Terms and Conditions of Sale. The Seller cannot be held responsible for fortuitous events, cases of force majeure or the act of any person interfering with the organisation and running of the event.

14 - Absence of rétractation : For services carried out remotely, the Customer does not benefit from the reservation period, in accordance with;Article L221-28 of the Consumer Code relating in particular to the provision of accommodation services supplied on a specific date or for a specific period of time.

15 - Usage de la langue française et primauté du Français : In accordance with law 94-664 of 4 August 1994, the offers presented on the Site, intended for French customers, are made in French. Commercial translations into foreign languages of all or part of the sections appearing on this site may, however, be accessible. The parties agree that the French language version shall take precedence over any commercial translations made into another language.

16 - Use of the Site : The Site offers bookings for stays in approved accommodation Gîtes de France^®, classified by the territorially competent Association, on behalf of the Fédération Nationale des Gîtes de France® et du Tourisme Vert. The purpose of the Site is to assist the Customer in the search for accommodation and associated services, and to make the appropriate reservations or any other transaction. Fraudulent use of this Site or use that contravenes these general terms and conditions of sale may result in the refusal by the Association with territorial jurisdiction, at any time, of access to the services offered on the Site.

The Association with territorial jurisdiction may, at any time, refuse access to the services offered on the Site.

The Association with territorial jurisdiction may, at any time, refuse access to the services offered on the Site.

The Association with territorial jurisdiction may, at any time, refuse access to the services offered on the Site.

The Association with territorial jurisdiction may, at any time, refuse access to the services offered on the Site.

The online publication of information is subject to the same legal regime as traditional publication. The content of the Site is therefore governed by various texts which confer various rights and duties on the Internet reader. The Vendor and publisher of this site undertakes to comply with the editorial rules in force and to do everything possible to ensure the validity of the information made available to the public. It authorises the reader to print all or part of the content offered on the site for strictly personal use.

17 - Intellectual property: The Site is an intellectual work protected by intellectual property rights. The Site as a whole and each of the intellectual property elements of which it is composed (such as, in particular, texts, tree structures, software, databases, photographs, illustrations, sounds, charts, masks, logos, trademarks, designs and models) are the exclusive property of the Vendor.

The Customer hereby accepts that the Vendor shall not be liable for any loss or damage resulting from the use of the Site.

The Customer undertakes to respect the intellectual property rights of the Seller relating to the Site and its constituent elements, as well as the various contents offered on the Site. This excludes any reproduction or use for professional, profit-making or mass distribution purposes. The user undertakes not to copy all or part of the Site onto any other medium. Failure to comply with these undertakings constitutes an infringement liable to incur the civil and criminal liability of the offender.

18 - Protection of personal data : Gîtes de France® processes, on its own behalf, your personal data, under the conditions set out in the Privacy Policy available at the following URL address: https://gites-de-france-reunion.com

19 - Territoriality of applicable law and jurisdiction: The parties agree that these general terms and conditions of sale are governed by French law, including the definition of jurisdiction.

20 - Proof : It is expressly agreed that, except in the event of a manifest error committed by the Seller, the data stored in the Seller's and/or the Owner's information system shall have evidential value in relation to orders placed. Data stored on computer or electronic media by the Vendor shall constitute evidence. If they are produced as means of proof by the Vendor in any litigation or other proceedings, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same evidential value as any document that would be recorded, stored or kept by the Vendor.

21 - Expression of complaints – Dispute resolution – Independent customers : Any complaint relating to the electronic registration procedure may be addressed to the registration agency. Any complaint regarding the state of the premises and/or the state of the description of the day's accommodation must be submitted to the rental agency within three days of entering the premises. Any other notification must be sent to the Vendor as soon as possible by letter or e-mail. When the Seller, in its capacity as agent, is required to compensate the Customer on behalf of the Owner, the Customer shall subrogate to the Seller the rights and actions that the Seller has against the Owner. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous debt.

Médiation : In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, the Customer has the right to use, free of charge, the mediation service offered by the settlement agency after having followed any amicable procedure. The mediating entity in force is: SAS CNPM – MEDIATION – CONSOMMATION. In the event of a dispute, the Customer may submit a complaint on the website: http://cnpm-mediation-consommation.eu or by post to CNPM - Médiation - Consommation - 27, avenue de la Libération - 42400 SAINT-CHAMOND

Particular conditions applicable to the reservation of a day in a gîte
The conditions set out in this chapter supplement the conditions
applicable to all reservations.

22 - The dates of collection of the price of the séday : The Customer will be invited by electronic mail to pay his deposit, corresponding to 25% of the rental amount, plus the total cost of the reservation and the cost of;cancellation insurance possibly taken out, plus if the Customer chooses to benefit from it, 25% of the amount of all services directly linked to the stay as shown on the description sheet.

The balance is due 30 days before the start of the day: At that time, the Customer will be invited by e-mail to pay this amount.

The balance is due 30 days before the start of the holiday.

For bookings made less than 30 days before the start of the holiday, the full price of the holiday will be required on conclusion of the contract.

23 - Prices : Prices are indicated in each description and correspond to the overall cost of renting the gite for a week, a weekend or a short stay.

24 - Arrival and duration of the stay: The Customer must arrive on the specified day and at the times indicated on the rental contract or on the acknowledgement of receipt of the rental. In the event of late or delayed arrival or last-minute cancellation, the Customer must notify the Owner whose address and telephone number appear on the rental voucher or description sheet. The reservation contract is concluded for a definitive period. Under no circumstances may the Customer claim any right to remain in the premises at the end of the period.

25 - Inventory of fixtures and fittings: An inventory is drawn up jointly and signed by the Customer and the Owner or his representative on arrival and departure. This inventory is the only reference in the event of a dispute concerning the state of the premises. The Customer is obliged to use the rented property in a reasonable person. The state of cleanliness of the property on the Customer's arrival must be recorded in the inventory of fixtures. The Customer is responsible for cleaning the premises during the rental period and prior to departure. The amount of any cleaning costs is calculated on the basis set out in the description sheet.