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TERMS AND CONDITIONS AFFINITY VILLAS FRANCE sas
THE AGREEMENT CONSISTS OF:
An agreement made between the Agent on behalf of the Property Owner and the Rental Client.
THE OWNER
Represented by the Agent Affinity Villas SAS Company authorized by written proxy to act for and on behalf of such owner. Affinity Villas SAS Company with a capital of € 10,000 - and its registered office located 186, le Bas Adrechs, Chemin Camp Long, 83440 MONTAUROUX entered into the MONTAUROUX Trade and Companies Register under number Siret No 531 886 604 RCS Draguignan represented by M. Eric BEURGAUD (chairman) having complied with the obligations stipulated by law of JANUARY 2nd 1970 and its implementing order number 72-678 of JULY 20th 1972 through :
1. Being the holder of the professional card issued by the Var relating to the following activity "Real Estate Management"
2. The guarantee with SEGAP Lloyds which company guarantees the sums and securities received against the real estate management business referred to by law of JANUARY 2nd 1970 and its implementing order.
Amount of the overall guarantee for such business: € 110,000
THE CLIENT
The person whose identity, the number of persons in the party, the date of arrival, the date of departure, the price of the booking and the eventual extra charges are provided for in the booking form. The Party Leader must be 18 years or over when making the booking and be authorised to make the booking on the basis of these booking conditions by all other members of the holiday party.
THE RENTAL PERIOD
Reservation of the holiday accommodation, subject of the present agreement, with the Agent, implies unreserved acceptance of the following general conditions, which the client acknowledges being aware of, as well as of the particular conditions to the seasonal rental included in the agreement.
The rental period out may not be extended without prior agreement from the owner or the agency, his Agent, such extension will be by mutual agreement between the parties may not in any case whatsoever call into question the precarious character of the occupation granted within the scope of a seasonal rental, the client expressly accepting it so.
The client declares he will not exercise and will not try to exercise any occupation in the rental trade and that the premises, subject of the present agreement, are to be rented out to him only as a provisional holiday residence, major conditions without which the present leasing would not have been agreed to.
PAYMENT
A booking is confirmed in writing once the deposit of 25% has been paid and received by Affinity Villas France SAS. Reservations on properties are accepted subject to availability and the Company reserves the right to decline any Booking prior to the issue of your written confirmation. In this event, all monies paid will be immediately refunded. Provisional bookings are normally held for 3 working days. Payment must be made within this time to confirm the Booking. If payment is not received within the time stated, the Reservation will be cancelled without notice to the Client. Payments can be made by credit/debit card, bank transfers in Euros or by cheque drawn on a French bank. The balance payment for your reservation is due no later than 6 weeks before your arrival at the property. Failure to pay the balance by the due date could be regarded as a cancelled booking and you may be liable to pay the cancellation charges in full - which would be 100%. Please note the additional payment for the Security Deposit detailed in the appropriate section below. If your arrival date is within the 6 week period, then full payment is required to confirm your reservation. Once we have received your full payment for your holiday, you will be sent your directions and arrival information for your holiday.
SPECIAL REQUESTS AND OPTIONAL EXTRAS
If you consider a particular requirement to be an essential condition for your holiday booking, you must email us with details and obtain our written confirmation that your requirement can be met before making your booking. If you do not do so we are entitled to assume that any such requirement is not in fact an essential condition of your booking.
Included in the renting price are
Bed Linen and Bathroom towels.
Final cleaning of the villa – if the property is returned as delivered.
Electricity consumption
Visitors Tax
Optional extras
Your villa is equipped with bed linen, a set of towels per person details on the booking form, bath mats and tea towels. If you require any additional towels or bed linen please ask for the prices.
Final cleaning – optional final clean can be paid if client does not wish to or does not have the time to do a full clean. The optional cost is variable according to the size of the property. Please enquire for your chosen villa
Additional cleaning – cleaning of the villa during the duration of the rental. An estimate subject to an additional charge being offered depending on the request of the client, and subject to availability of cleaning personnel.
Excessive use of electricity – at the discretion of the owner and upon copy of meter reading.
If your property has optional extras such as pets allowed, pool towel hire, meal packs etc, the payments must be paid locally or they will be deducted from your security deposit.
If you require a cot or high chair, these can be hired where they are not provided by the owners. Please enquire for costs
It is your responsibility to ensure that these have been correctly ordered by way of completion of the Pre Arrival Questionnaire which will be sent to you with your final documentation. Failure to inform Affinity Villas France on this said questionnaire may result in items not being available for hire or your use. Please enquire for charges for all additional items. We cannot be held liable for items ordered and not delivered due to non-availability.
CANCELLATIONS
On your part. There is no refund of deposit if the holiday is cancelled. However, if we are able to resell the cancelled period a refund may be made less administration and/or bank charges incurred but this decision is entirely at the discretion of the property owner. If you cancel within 6 weeks of your arrival date and after the final balance has been paid, then we will refund 75% of the full cost of your holiday if we have been able to resell the period cancelled. On the Owners part. If for any reason your holiday has to be cancelled on the part of the owner, irrespective of causes, then a refund of original deposit or monies paid to date is due by the owner.
SECURITY DEPOSIT.
The Security Deposit is held at the discretion and on behalf of the owner and solely for that purpose. It is paid to cover the damages that might be caused to the rented property and to the movable objects or others furnishing the property as well as for the different charges and consumptions that you may incur. The security deposit may not in any case be considered as an advanced payment of the renting price and will not bear any interest. The Deposit must be paid in addition to your holiday and paid or guaranteed by credit/debit card no later than 10 days before your arrival. Payment of this Deposit is obligatory and the owner or agent has the right to refuse entry without receipt of the said Deposit.
It is understood that it may not be possible to verify that no unforeseen breakages or damages have occurred on the day of departure. It can occur from time to time that damages or breakages may be missed when you check out and in this event we may provide you with photographic verification. In such cases we undertake to advise you on your return home and the appropriate deduction will be made from your deposit and the balance returned to you. The Property Owner reserves the right to pursue the costs of any damage or breakages caused during your stay but not covered by the Security Deposit. Such damage or breakage may include the cost of emptying a Septic Tank in the event of blockage after your stay in the villa. In such cases, a statement from the Drain Clearance company will state the cause of any blockage. If the costs exceed the value of the Security Deposit taken or the amount held on Credit Card Guarantee, the client agrees to indemnify Affinity Villas France for any additional costs or charges and agrees to pay all costs and expenses of recovery against the Client .
The amount due is as stated on the Affinity Villas France invoice. A Security Deposit Payment Option form will be sent to you with your final invoice. The Security Deposit can be paid by one of the following ways
1) Cheque drawn on a mainland French Bank. In the event of charges being applied against the Security deposit for breakages, damages or supplementary services not paid for, the cheque will be banked, an administration fee will be charged ,please see * below. A cheque will be sent to you for the balance. If no deductions are made, your cheque will be returned by post.
2) UK Bank account holders can pay in Sterling into a Designated Client Account held with the Natwest Bank. Please enquire for details. In the event of breakages, damages or supplementary services not paid for, an administration fee will be charged please see * below. If no deductions are made, the refund will be made within 72 hours of your return home or once we have your bank details for the transfer.
3) By Credit/Debit Card Guarantee. Valid credit or debit card details must be supplied at the time of payment of your final balance or when full payment has been made (if booking within 6 weeks of your arrival date). In the event of charges being applied against the Security deposit for breakages, damages or supplementary services not paid for locally, We reserve the right to deduct such charges, up to the maximum of your Security Deposit value, as pledged by you in the Security Deposit documentation. An administration fee will be charged please see * below.
* Any additional charges incurred during your stay relating to the Security Deposit, such as damage, breakages or any items of supplementary services provided to you eg. towel hire, meal packs, additional cleaning etc., must be paid for before your departure from your accommodation. Failure to pay such charges due will result in a deduction from your cheque payment, bank transfer or credit card for the amounts due. Affinity Villas France will provide you with a breakdown of the additional charges if applicable. There will be no supplementary charges levied on breakages or damages. There will, however, be a mandatory supplement of 50 Euros to cover administration costs for non-payment of any services already paid for on your behalf, such as shopping, towel hire, cot hire etc. There will be a 2.5% for credit/debit card administration fee on the total amount due for Security Deposits held by Credit Card Guarantee.
SWIMMING-POOL SAFETY
The client acknowledges that he is informed by Affinity Villas France SAS of the installation by the owner on the rented-out property of a safety device for the swimming-pool in accordance with the law of JANUARY 3rd 2003 and its implementing order of DECEMBER 31st 2003.
Working instructions will be available to the tenant upon his taking possession of the property either by written instructions or the device manufacturers instructions. Such instructions delivered by the contain:
§ The features, working and maintenance conditions for the safety device installed in the property,
§ an information note on drowning risks, the general prevention measures to be taken and recommendations.
The client undertakes under his sole responsibility to comply with the technical instructions and to comply with the directions for use of the safety device installed.
As far as necessary Affinity Villas France SAS reminds him:
- That a safety device does not in any case replace the vigilance of responsible adults, who must keep a continuous and full surveillance,
- That he must be aware of the safety instructions relating to the safety device installed,
- That he must never let a child get access on his / her own to the swimming-pool, nor leave him / her on his / her own or let him / her out of his / her sight even though for a few moments,
- That when bathing, it is very much advised to fit out your children with floating devices (appropriate rubber ring, armbands, floating bathing suits, etc. …).
This device will be applicable from the beginning of the rental period. In the case there is a fault and it is out of order this will be explained to and will be repaired as soon as possible, but it does not avoid the necessity of watching over your children.
CLIENTS’ OBLIGATIONS
The client undertakes to take possession of the rental property in the condition as described in the descriptive statement in this agreement. The client must comply with the following obligations:
• The furniture and movable objects must only suffer the wear and tear due to their intended normal use. Those items which at the end of this agreement are missing or will have been put out of use, for any other reason than normal wear and tear, must be paid for or replaced by the client with the owner's or his Agent's consent. Such clause also applies to wallpapers, curtains and generally to the actual property.
• If necessary, there may be retention for:
- The value of broken or cracked objects,
- The price of washing or cleaning the carpets, blankets, mattress, bed linen etc that may have been stained.
• The client undertakes to use the furniture and objects furnishing the rental property for their intended purpose and on the premises where they are. He expressly undertakes not to carry them out of the rented premises. He must, before the departure inventory is made in the presence of the parties, put the furniture and objects back to the place they occupied when he took possession of the rental property.
• The client must categorically abstain from throwing away in the wash-basins, baths, bidets, sinks, washtubs etc. ... objects of a nature to block the water pipes, as advised the property house book. Failure to follow those guidelines and if a blockage is caused he shall owe the expenses incurred for the reconditioning of such equipment. Concerning such matter, on account of difficulties met with in the season to obtain the intervention of personnel or a specialized enterprise, the agency accepts no liability regarding the possible delay in completing the necessary repairs.
• On pain of termination, the client may not, IN ANY CASE WHASOEVER, sub-let or transfers his rights under the present agreement without the owner's or his Agent's express consent. He shall occupy the rented premises only for non-commercial purposes and may not, under whatever circumstances, store house furnishings, except linen and small objects.
• On pain of termination, the client may not in any case organize any event whatsoever on the rented premises (wedding receptions, evening parties, film shooting etc) without prior and express consent from the owner or his Agent, who may make their consent dependent on an additional rent payable in advance.
• The currently rental property must not under any circumstances be occupied by a number of persons higher than that mentioned within the scope of the present agreement, except with the Agent's prior agreement, who may claim an additional rent or refuse entry to the property.
• Animals are only allowed in certain properties and with the express permission of Affinity Villas France. There is a supplementary charge and details can be given at the time of permission granted. The number of pets must be agreed prior to acceptance of the reservation. It is imperative that you put the number of pets, type and breed of pet you are bringing on your Pre Arrival Questionnaire. If you do not inform the Agent of any pets, the owner reserves the right to request that either the pet is placed in kennels at your destination for the duration of your stay or your removal from the property without a refund or compensation will take place.
• The client must accept the presence within the property, subject of the present rental agreement, of the owner's possible personnel in charge of surveillance and / or maintenance of the property.
• The client must authorize on the premises, carrying out of urgent works required for maintaining in good repairs the rented property and common equipment units, without any recourse against the agent for any delay in the work completion.
• The client must see to it that the sound level of radios, TV, etc. does not disturb the neighbours. He will be held personally responsible for any noise, smoke or any other inconvenience constituting an unusual private nuisance that might be caused.
• In the event of a loss of keys, the Agent may require replacement of the accommodation locks, fix the cost of a specialist's possible intervention and deduct the corresponding amount from the caution money
• If the rented property is offered for sale, the client will allow the visit of the premises only after mutual agreement with the Agent.
INSURANCE & SECURITY
The client must be insured with an insurance company for his rental liabilities and any damaged caused to the rental property or its contents or adjoining property. Consequently, the owner and his Agent accept no liability for the recourse that their insurance company might exercise against the client in the event of damage.
Any valuables left at the property are left at your own risk. Neither Affinity nor the Owner are responsible for any loss. You are responsible for the locking and closure of the property every time you vacate it. It is imperative that it is locked at night and whenever unattended. Failure to do so may result in invalidation of the property insurance and any losses or damage as a result of your failure to secure the property will be passed on to you in full.
In the event of the client being out of the rented premises, day and night, the client must also see to it that he complies with the conditions of the property insurance contract on pain of his own liability being involved, to with:
- locking of all exits and openings leading outside,
- Switching on the alarm system which the property is fitted with.
The client is informed of his interest to take out a cancellation insurance policy, in the event of an illness, accident or unexpected event. Details of an insurance policy must be communicated to the Agent. The Agent will not be responsible for sums due under the present agreement where failure to take adequate insurance prevails.
ARRIVALS AND DEPARTURES
The usual times of arrival are between 15.00 hrs and 19.00hrs. We understand that due to traffic or to the availability of cheaper flights or flight delays this might not always be possible and special arrangements can be made for your key handover. This information will be given to you close to your arrival date. If you wish to arrive early you may have to wait until the property is cleaned for you but will try to accommodate you as best we can.
You will be asked to depart by no later than 10.00hrs in order for the property to be prepared for the incoming guests. Some villas have key safes and you will be able to gain entry at a time to suit yourselves. Details will be sent to you with your arrival information.
TERMINATION
In the absence of payment on the dates set or should any clause of the present commitment be unfulfilled, and eight days after a formal demand that remained ineffectual, the owner or his agent may claim termination forthwith of the present agreement and the lessee must leave the rented premises on an order from the judge in charge of summary matters.Changes - in the unlikely event, for any reason, we have to make an alteration to your holiday accommodation before your arrival we will inform you immediately and do our utmost to offer you accommodation of a similar standard. If we are unable to provide you with alternative accommodation we will of course immediately refund the monies paid to us at that date, in full.
OTHER MATTERS
Only the number of persons stated in the property description and on your booking contract will be permitted to use the property unless otherwise previously agreed in writing with Affinity Villas France. The maximum number of people including infants may not be exceeded. The Owner has the right to terminate your rental without prior notice and without refund or compensation if the maximum number is exceeded.
Parking of caravans and pitching of tents at any property is strictly forbidden.
Affinity Villas France, on behalf of the Owner, has the right to inspect the property at any time and right of access to conduct urgent maintenance or repairs or in the event of any emergency. Gardeners and pool maintenance staff may enter the grounds during your stay in order to keep your pool and garden clean.
In the event of any incorrect, indecent or behaviour of any party at the property that causes offence, danger or disturbance to the property or the surrounding neighbourhood, Affinity have the right to instruct immediate departure from the property of the individual(s) concerned. There will be no refunds made and any expenses incurred will be deducted from the Security Deposit.
Affinity Villas France, who are agents for the property owner, or the property owner will not be held responsible for the death or personal injury of any member of the reserved group of persons or any other person at the property, unless neglicence can be proven on the part of the property owner or the staff or principals of Affinity Villas France.
The local area is subject to growth , improvements and redevelopments. New villas and villa extensions and improvements are common in the area. Major construction is rare in the summer months and we hope that our properties will not be subject to any disturbance. If we become aware of any works that may affect your holiday enjoyment we will let you know in advance and should we feel that it may cause serious disturbance to your holiday then we will try to find a solution but this cannot be guaranteed. Affininty Villas France cannot not be held responsible for local noise or disturbances which are beyond our control.
Affinity Villas France or the Owner cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, pool systems, domestic equipment or for the failure of public utilities such as water, gas and electricity.
Pets are only allowed in certain properties and with the express permission of Affinity Villas France. There is a supplementary charge and details are given on the FAQs section of the website. The number of pets must be agreed prior to acceptance of the réservation. It is impérative that you put the number of pets, type and breed of pet you are bringing on your Pre Arrival Questionnaire. If you do not inform us of any pets, the owner reserves the right to request that either the pet is placed in kennels at your destination for the duration of your stay or your removal from the property without a refund or compensation will take place.
Your Contract - We undertake to ensure to the best of our ability that the property you have reserved will be in a good condition and of a correct standard in accordance with the advertisement placed. In the unlikely event that you have a problem, please report to a representative of Affinity Villas France and we will in turn do our best to help you resolve the issue raised. We will not accept any complaints after the day of departure. In the event errors, omissions and changes can occur with any of our properties, their description and advertisements. We do our best to provide an honest and accurate description of each property but cannot be held liable for any alterations made by the owners or any items missing or services not available due to circumstances beyond our control.
ATTRIBUTION OF JURISDICTIONS
To execute this contract, the person who completed the booking form has agreed that, in the event of a dispute, a competent court will be that of the jurisdiction to where the rented accommodation is located. The possible costs of registration stamp for these presents are chargeable to the client.
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