CONTACT INFORMATION OF SERVICE PROVIDER:
SCEA CHATEAU BARBEIRANNE
DOMAINE VAL D’ANDRIEU LIEU-DIT LA PELLEGRINE
RCS TOULON 485 318 760 00025
Site internet : https://www.barbeiranne.com/
ARTICLE 1 – Scope of application
These Terms and Conditions of Sale apply, without restriction or reservation, to any consumer, non-professional or professional (‘The Customer(s)’) who establishes a rental contract for the La Bastide apartment belonging to the CHATEAU BARBEIRANNE located in Pignans (83790), Place name La Pellegrine Domaine Val d’Andrieu (hereafter “the Stay”).
The Customer is required to become familiar with them before any transaction.
The Customer may not under any circumstances avail himself of any right to remain on the premises at the end of the period initially indicated in this contract.
These Terms and Conditions may be supplemented by special conditions before any transaction with the Customer.
These Terms and Conditions of Sale are accessible at any time on the website of CHATEAU BARBEIRANNE and shall prevail, if applicable, over any other version or any other document to the contrary.
The Customer declares to have become familiar with these Terms and Conditions of Sale and to accept them.
ARTICLE 2 – PRICE
The prices indicated are in €uro, include all taxes and take into account the VAT applicable on the day of the reservation. Any change in the applicable rate or any modification or introduction of new legal taxes put in place by the competent authorities will automatically impact the prices indicated on the invoice date.
No dispute concerning the price of the Stay can be taken into account after signing the contract. It is up to the Customer to assess, before signing, whether the price suits him.
Extras and tourist tax are not included in the rental price, they will be billable, in addition, at the end of the Stay.
– Bed linen,
– Hair dryer,
– Shower gel and shampoo,
– Housekeeping at the end of your stay and/or once a week for stays longer than 2 weeks.
ARTICLE 3 – RESERVATION, CONTRACT, PAYMENT
The rental contract which is signed with CHATEAU BARBEIRANNE indicates: the amount of the reservation, the deposit, any charges and the security deposits. The extras will be the subject of additional billing with the services requested.
By signing the contract and paying the deposit, the Customer is deemed to have accepted these Terms and Conditions of Sale.
Terms of payment:
A deposit corresponding to 15% of the total price of the Stay booked is required at the time of reservation by the Customer, unless booking 30 days before arrival.
A second deposit of 15% of the total price of the Stay booked is required 30 days before arrival, unless reserving 30 days before arrival
If booking 30 days before arrival: 30% of the price of the stay is required
The balance of the price of the Stay is due 7 days before the arrival of the Customer.
Last minute bookings, i.e., 7 days before arrival, are payable in full upon booking
Extras and security deposits are payable on arrival.
The following secure payment methods are used:
– bank cards: Visa, MasterCard.
– bank cheque,
– by bank wire.
In the event of payment by cheque, it must be issued by a bank domiciled in continental France or Monaco.
The cheque is cashed upon receipt.
The balance is paid by bank cheque, bank card or bank transfer. An invoice can be issued on request.
For renters who are not French residents, payment must always be made by transfer to the bank account indicated in your contract, with all bank charges remaining as the responsibility of the ordering party.
ARTICLE 4 – DURATION OF STAY
The Renter rents La Bastide for a fixed minimum period of three (3) days and a maximum of three (3) weeks. Under no circumstances can he claim any right to remain in the premises.
The initial length of stay may be changed by mutual agreement between the parties, subject to the availability of La Bastide. The rental contract automatically ceases upon expiration of the fixed term (subject to the schedule for the condition report of departure in effect).
For departures after the time indicated in the contract, a rate scale will be added to the rental rate.
ARTICLE 5 – SECURITY DEPOSIT OR GUARANTEE
On arrival, a security deposit is paid in an amount equal to five thousand (5,000) euros.
CHATEAU BARBEIRANNE has the right to cash the security deposit.
It is returned to the Renter after establishment of the joint condition report of departure, or is sent to him within a period of 7 days with deduction, if necessary, of the cost of tidying up the premises and any costs for replacement of the items and equipment made available. This period cannot exceed 60 days.
If the deposit is insufficient, the Renter agrees to pay within a week, based on the supporting documents provided by CHATEAU BARBEIRANNE, the remaining balance due.
ARTICLE 6 – USE OF THE PREMISES
The Renter agrees to use the rented spaces in a peaceful and responsible manner, in accordance with the intended purpose of the premises.
The maximum capacity is fourteen (14) people.
Upon his departure, the Renter agrees to leave the premises as clean as he found them on arrival.
Under no circumstances may the rental benefit third parties.
ARTICLE 7 – CONDITION REPORT AND INVENTORY
The condition report and inventory of furniture and various items of equipment are done at the start and end of the stay in the presence of [personnel of] CHATEAU BARBEIRANNE and are signed by both parties.
The condition report is established jointly by the parties, once the renter takes possession of the i.e., premises and upon release of the premises by the renter. In this regard, it is specified that the furniture and movable objects must only show wear and tear resulting from the normal use for which they were intended. Any object, material or household appliance that is lost, broken, defaced or damaged must be replaced or reimbursed, at its replacement value, by the renter who agrees to do so.
ARTICLE 8 – CANCELLATION
The Renter can cancel his rental at any time, subject to the following provisions:
The following scale is applicable, making the Renter responsible:
– In the event of cancellation more than 45 days before the start of the Stay, no cancellation fee will be applied;
– In the event of cancellation between 45 and 30 days before the start of the Stay, the cancellation fee will be 15% of the amount of the Stay;
– In the event of cancellation between 30 and 7 days before the start of the Stay, the cancellation fee will be 30% of the amount of the Stay.
– In the event of cancellation less than 7 days before the start of the Stay, the cancellation fee will be 100% of the amount of the Stay.
Whatever the reasons for the cancellation, the renter must notify CHATEAU BARBEIRANNE by letter or email, the date of receipt of this notice determining the scale to be applied. The renter who has not notified CHATEAU BARBEIRANNE will be required to pay the full price of the Stay.
In the event of cancellation due to occurrence of a case of force majeure as defined by the provisions of article 1218 of the Civil Code, all sums paid will be refunded to the Renter.
In the event of cancellation, except in cases of force majeure, and at the initiative of CHATEAU BARBEIRANNE, the latter will reimburse 100% of the sums paid by the Renter.
Any interrupted or shortened stay, or any service not consumed, does not grant entitlement to any reimbursement. Even in the event of repatriation, it is the renter’s responsibility to take out appropriate insurance.
ARTICLE 9 – ARRIVAL AND DEPARTURE
CHATEAU BARBEIRANNE receives the Renter for the arrival formalities. The Renter must arrive on the day specified when making his reservation, by 4:00 p.m. at the earliest (time of availability of the accommodation and time of remittance of the keys), and by 7:00 p.m. at the latest. The Renter must inform CHATEAU BARBEIRANNE in advance, by telephone (at 07 50 08 39 35) or by email firstname.lastname@example.org of his arrival time so that CHATEAU BARBEIRANNE can make arrangements to be present to welcome him during the aforementioned reception time slot.
The condition report and departure must take place before 10:00 a.m.
CHATEAU BARBEIRANNE insists on respect of the agreed appointment time for establishment of the condition report.
Furthermore, since the Renter has his domicile as indicated at address in the rental contract, the renter does not have the right to sub-lease.
ARTICLE 10 – OBLIGATIONS OF CHATEAU BARBEIRANNE
CHATEAU BARBEIRANNE is required to:
– Deliver the leased premises in a good state of use and repair, as well as the equipment mentioned in the contract, which must be in proper working order.
– Ensure the Renter peaceful enjoyment of the rented premises and guarantee him against defects and flaws which could pose an obstacle to this.
– Maintain the accommodation in good condition for its intended use.
– Provide towels and bed linen to renters.
ARTICLE 11 – OBLIGATIONS OF THE RENTER
La Bastide is made available to the Renter in a perfect state of cleanliness and arrangement, the appliances are clean and in perfect working order, the premises (inside and outside) do not show any signs of damage whatsoever.
The Renter declares that he:
– Recognizes that the seasonal rental is done on a temporary basis for leisure purposes. The premises may not be used as a main or even secondary residence and the renter may not practice any commercial, craft or professional activities there.
– Will behave in accordance with the rules of good manners and ensure proper upkeep of La Bastide during his stay.
– Will return La Bastide to its initial state of cleanliness and arrangement at the end of his stay (washing and storage of clean and dry dishes, sheets and towels gathered and folded at the entrance of the house, barbecue and household appliances cleaned, floors washed, garbage removed and thrown away…). If these conditions are not respected, the cleaning deposit will be cashed by CHATEAU BARBEIRANNE.
– Will use furniture and movable objects for the normal purposes for which they are intended. That which, upon expiration of the rental, is missing or no longer operational, for a reason other than normal use, will have to be paid for (or replaced by the renter with approval from CHATEAU BARBEIRANNE). This clause also applies to painted walls, window and door frames and the building in general (inside and outside).
– Will leave the furniture and dishes inside La Bastide.
– Will not sleep on the mattress cover, bedding, blankets or quilts. The price of washing or cleaning blankets, duvets, mattresses, bedding, etc. which may have been stained, will be retained, if applicable.
– Will do nothing which, due to him, his family or acquaintances, might affect the tranquillity of the neighbourhood.
– Will absolutely refrain from throwing in the sinks, bathtubs, showers, sinks, toilets, etc., objects likely to obstruct the pipes (diapers, wipes, tampons, cotton swabs, sanitary napkins, etc.), otherwise, he will be liable for any costs incurred to repair this equipment.
– Will immediately inform CHATEAU BARBEIRANNE of any event or damage occurring to the premises, even if no apparent damage results.
– Will immediately inform the reception area of any external visitors, since CHATEAU BARBEIRANNE is private.
– Will answer for damage and losses that occur by his own doing or due to the actions of people under his responsibility, during his possession of the premises, unless he proves that it occurred through no fault of his own or that of the above-designated persons.
– In case of high temperatures in the summer, as is done in any home, close the shutters and windows of the premises during the day to keep it as cool as possible, and then open them in the evening, or even overnight (shutters closed), in order to permit cooler, fresh air to circulate.
The unit must not under any circumstances be occupied by a number of people greater than that indicated in the contract, unless prior and exceptional agreement has been obtained from CHATEAU BARBEIRANNE. If applicable, CHATEAU BARBEIRANNE may claim additional rent, or even refuse to provide accommodation if it cannot ensure that the renter will respect the maximum number of people specified for rental of the accommodation and, in this case, no reimbursement whatsoever to the renter can be considered.
ARTICLE 12 – NUISANCES
CHATEAU BARBEIRANNE cannot be held responsible for the neighbouring areas and their animals.
CHATEAU BARBEIRANNE cannot be held responsible in the event of the possible presence of mosquitoes or various insects, nor for irregularities and/or absence of use that may occur due to the electricity services (cut-off of WIFI in the event of wind and/or bad weather), mobile telephony, etc.… and declines any responsibility for lack of use not resulting from its responsibility.
Similarly, CHATEAU BARBEIRANNE cannot be held responsible for weather which prevents the renter from fully enjoying his stay, the swimming pool area or the proposed outdoor areas made available.
ARTICLE 13 – POOL AREA
The swimming pool area meets the safety standards imposed by legal and regulatory provisions in effect.
It is up to the renter to take all necessary precautions for use of the swimming pool, notably if he is travelling with young children, of whom he must ensure supervision. He takes full responsibility for the material and bodily consequences that could result from accidents or other incidents related to use of the swimming pool, notably for monitoring bathers who cannot swim or who are not good swimmers.
The renter acknowledges that he fully releases CHATEAU BARBEIRANNE in the event of an accident involving himself, his family or his friends.
The renter may not bring any animal into the pool area, even temporarily.
CHATEAU BARBEIRANNE reserves the right to close access to the swimming pool area for health and safety reasons.
CHATEAU BARBEIRANNE asks the renter:
– to respect the premises,
– to clean after each use,
– to close the parasols,
– to store deckchairs or any other equipment that the renter may use so that the space remains clean and tidy for other users,
– to refrain from bringing any glass or sharp object into the pool area.
ARTICLE 14 – PETS
The Renter agrees not to bring any family or companion animal (dog, cat, etc.) into the accommodation without prior authorization from CHATEAU BARBEIRANNE. Such a possibility would be contingent upon the animal causing no damage to CHATEAU BARBEIRANNE or any disturbance of enjoyment in the vicinity.
If notified in advance, CHATEAU BARBEIRANNE will then accept well-behaved and docile animals in the accommodation.
Any animal admitted in the accommodation must not, however, under any circumstances or at any time, remain alone and locked up in the accommodation, on the terrace or in the garden in the absence of its owners.
No animal is accepted within the Swimming Pool area, even temporarily.
ARTICLE 15 – EXTRAS
Extras are offered in addition to your rental:
– Sheets and additional towels are billed from 2 €/each.
– A departure cleaning service can be chosen by the renter: 80 €. The provision of this optional service is understood for accommodation left in a normal state of rental use, respect and regular upkeep during the stay. The deposit left on arrival would, therefore, be cashed.
If your departure is late, an additional charge of 20 €/additional hour will be applied for the accommodation.
ARTICLE 16 – INTELLECTUAL PROPERTY
The Service Provider remains the owner of all intellectual property rights.
The Customer is thus forbidden from any reproduction or exploitation without express, prior and written authorization from CHATEAU BARBEIRANNE, which may make it contingent upon financial compensation.
ARTICLE 17 – UNFORESEEN CIRCUMSTANCES
These Terms and Conditions of Sale expressly exclude the legal system regarding unforeseen circumstances, as provided for in article 1195 of the Civil Code. CHATEAU BARBEIRANNE and the Client each renounces availing itself of the provisions of article 1195 of the Civil Code and the provisions for unforeseen circumstances specified therein, agreeing to assume its obligations even if the contractual balance were to be upset by circumstances which were unforeseeable at the time of establishment of the Contract, even if execution of them would prove excessively expensive, and to endure all the economic and financial consequences.
ARTICLE 18 – FORCE MAJEURE
The Parties may not be held responsible if non-performance or delayed performance of any of their obligations, as described herein, results from a case of force majeure, as intended under article 1218 of the Civil Code.
The Party observing the event must immediately inform the other party of its inability to perform its service and provide proof of it to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or penalties for delay.
Performance of the obligation is suspended for the duration of the force majeure event if it is temporary and does not exceed a period of 90 days. As a result, once the cause of the suspension of their reciprocal obligations has ceased to exist, the parties will make every effort to resume, as quickly as possible, normal fulfilment of their contractual obligations. For this purpose, the hindered Party will notify the other party of the resumption of its obligation by registered letter with confirmation of receipt or by any extrajudicial document. If the impediment is final or exceeds a period of 90 days, this agreement will be terminated outright.
Cancellation by operation of law for force majeure may only take place 30 days after sending formal notice by registered letter with confirmation of receipt or any extrajudicial document, notwithstanding the Termination clause for breach by a party of its obligations, as stated below.
However, this formal notice must mention the intention to apply this clause.
ARTICLE 19 – PERSONAL DATA
Personal data collected from Customers undergoes electronic processing done by CHATEAU BARBEIRANNE. It is recorded in his Customer file and is essential for processing his order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any guarantees that may apply.
The data controller is CHATEAU BARBEIRANNE. Access to personal data will be strictly limited to the employees of the data controller, authorized to process it by virtue of their duties. The information collected may be communicated to third parties linked to the company by contract for performance of the subcontracted tasks, without the Client’s authorization being necessary.
Within the framework of performance of their services, third parties have only limited access to the data and are required to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases mentioned above, CHATEAU BARBEIRANNE is prohibited from selling, renting, assigning or giving access to third parties to the data without the prior consent of the Customer, unless it is forced to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Customer will be informed of this and the guarantees taken to secure the data (for example, adherence of the external service provider to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified.
In accordance with applicable regulations, the Customer has a right of access, rectification, elimination, and portability of data concerning him, as well as the right to object to the processing for legitimate reasons, rights which he can exercise by contacting the data controller at the postal or email address: contact@ barbeiranne.com.
In the event of a complaint, the Customer may submit a complaint to the personal data protection officer of CHATEAU BARBEIRANNE.
ARTICLE 20 – DISPUTES
Any disputes to which the purchase and sale transactions established in application of these terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences or aftermath, and which could not be resolved between CHATEAU BARBEIRANNE and the Customer, will be submitted to the competent courts under the conditions of common law.
The Consumer Customer is informed that, in any event, he may resort to contractual mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) (C. consom. Art. L 612-1) or with existing sector mediation bodies, whose references appear on the CHATEAU BARBEIRANNE website, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Customer, observing that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to Ter obtain, against the data controller or subcontractor, compensation before a civil or administrative court or before the Commission Nationale de l’Informatique et des Libertés.
ANY DISPUTES RESULTING FROM THIS CONTRACT AND THE RESULTING AGREEMENTS CONCERNING THEIR VALIDITY, INTERPRETATION, FULFILMENT OR CANCELLATION, CONSEQUENCES OR AFTERMATH SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
ARTICLE 21 – LANGUAGE OF THE CONTRACT – APPLICABLE LAW
These Terms and Conditions and the operations which result from them are governed by French law.
They are drafted in the French language. In the event that they are translated into one or several languages, only the French text shall prevail in any disputes.
ARTICLE 22 – Pre-contractual INFORMATION – CUSTOMER ACCEPTANCE
The Consumer Customer acknowledges having received, prior to placing his order and establishing the contract, in a readable and understandable manner, these Terms and Conditions of Sale and all the information listed in article L. 221- 5 of the Consumer Code and, in particular, the following information:
– the essential characteristics of CHATEAU BARBEIRANNE’s services, taking into account the communication medium used and the service concerned; –
– the price of services and related costs;
– information relating to the identity of CHATEAU BARBEIRANNE, its postal, telephone and electronic contact details, and its activities, if it does not appear from the context,
– the possibility of resorting to contractual mediation in the event of a dispute;
– information relating to the right of retraction (existence, conditions, time limit, methods of exercising this right and standard retraction form), the conditions of cancellation and other important contractual conditions.
– the means of payment accepted.