Terms & Conditions of Sales
1 - Object
Define the rules for validating the rental contract for tourist lodges and guest rooms between
- SARL La Maison des Eyres (RCS Dax 852 860 840) hereinafter referred to as ""the owner"", represented by
Mr and Mrs LAURENT Stéphane and Dominique , the managers
The House of Eyres
744 Bidon Road
40300 PEY
Telephone: +33 ( 0)6 95 92 71 46
email: leseyres@gmail.com
- and the person who has validated these conditions, with a view to reserving accommodation, hereinafter referred to as ""the tenant"" or ""the client"".
The rental contract for gîtes and guest rooms consists of the following documents:
- These general conditions.
- The reservation form indicating, among other things, the nature of the property rented, the duration of the stay, the number of people accommodated, the amount of the rental, applicable taxes and charges, the payment schedule and the means of payment.
The tenant acknowledges having read the nature of the property rented, its location, the reservation procedures and the services available, and having requested and obtained all the necessary and/or additional information to make his reservation with full knowledge of the facts. The tenant is solely responsible for his choices and their suitability to his needs, such that the owner cannot be held liable in this regard.
In the case of a multiple rental contract (gîte and room), the conditions applicable to the gîtes apply (payment schedule, security deposit, cancellation and modification conditions, etc.)
These general rental conditions are written in French. The translated versions, whether partial or complete, of this document are for informational purposes only. Only the French version is authoritative.
2 - Presentation of The House of Eyres:
La Maison des Eyres is a guest house set in an old farmhouse typical of the Pays du Bas Adour, in a rural setting, in a preserved natural environment.
Completely renovated, it houses under its large roof 3 gîtes (for 2, 4 or 6 people) and 2 guest rooms (2 and 4 people) with authentic charm, as well as the owners' accommodation.
3 - Number of occupants
The rental contract for gîtes and guest rooms is concluded for a maximum capacity of people mentioned in the reservation form, both for sleeping and for the day.
The Tenant undertakes not to exceed this number under penalty of additional costs which may amount to €80 including tax per person per day/night.
Any visit during the day will be subject to the prior agreement of the owner and the accommodation of additional people at night is prohibited.
In any case, the owner can refuse additional people.
In case of doubt, the owner reserves the right to check that this provision is being complied with.
It is also forbidden to pitch tents in the garden or to park caravans or motorhomes there unless authorized by the owner.
In the event of abuse being noted, this contract may be terminated automatically without reimbursement of the sums paid .
4 - Length of stay
The rental contract for gîtes and guest rooms is concluded for a period mentioned in the reservation form.
The tenant signing this contract, concluded for a fixed period, may not under any circumstances claim any right to remain in the premises at the end of the stay, unless different provisions are agreed between the owner and the tenant.
Arrival: The tenant must arrive on the day and at the time specified in the rental agreement. The tenant must inform the owner a few days in advance of their expected arrival time (reception by appointment). In the event of a delay or last-minute impediment, the tenant must notify the owner immediately.
If we do not hear from you, we will not be able to welcome you after 9 p.m.
Late arrival: We welcome our guests until 9 p.m. However, in the event of a last-minute unforeseen event and after consultation , we can agree on a later arrival. You may then be asked for a supplement.
Departure: Similarly, the tenant must scrupulously respect the departure date and time specified in the contract. The tenant must keep the owner informed of their planned departure time and inform them of any early departure.
Early departure: For any departure before 7:00 a.m., the end-of-stay inventory (in the gîte) will be carried out the evening before. This information will be specified on the inventory. Any damage noted after departure will be added to the inventory and taken into account for the return of the security deposit.
5 - Rental rates and charges
The price agreed upon at the time of booking includes, for the entire duration of the rental, the payment of all rental charges.
Remarks :
- Rental prices depend on changes in energy costs (electricity, gas, wood) and various taxes. Therefore, in the event of a significant increase in energy or tax prices, the owner reserves the right to pass this cost on to their rates. The tenant will then be informed of any change in the price of their reservation at least 60 days before the arrival date at the vacation spot. In this case, they will be entitled to continue or cancel their reservation and will have 7 days to inform the owner of their decision.
- Rates are calculated based on reasonable water and energy consumption. Any excessive consumption may be billed at the end of your stay.
- The end-of-stay cleaning of the gîte, carried out by us, does not exempt the tenant from daily maintenance. In the event of obvious failure, cleaning of the gîte may be charged €80.
When the tenant of a gîte is a company, they must indicate this when booking. In this case, a weekly cleaning service carried out by us is provided and invoiced at the time of booking (cost mentioned on the description sheet).
6 - Reservation
The booking site allows you to book a stay online.
After choosing the dates of their stay, the customer selects the accommodation that meets their needs and the corresponding rate. They can opt for the cancellation insurance offered.
It provides the number of occupants expected while respecting the maximum authorized capacity, as well as the desired services.
He completes his contact details, the accuracy of which he is solely responsible for, then validates the general rental conditions.
He can then proceed to payment, which confirms the reservation, according to the defined schedule.
7 - Conditions, deadlines and methods of payment accepted
Payment is made by credit card.
The customer provides their bank details as a guarantee of the reservation.
The deposit, to be paid upon reservation, represents
- 50% of the total amount of the stay for the lodgings, is
- Or 100% of the amount of the stay for guest rooms
The balance will be debited 60 days before the start of the stay at the lodge. A message will be sent to inform the client of the debit.
- If the reservation request is made less than 60 days before the start of the stay in the gîte, the balance will be taken within 48 hours of payment of the deposit.
- Please note, if the customer wishes to pay the balance by another means (Vacation Vouchers for example), they must notify us promptly before the due date.
8 - Inventory
The inventory of fixtures and fittings, both indoor and outdoor, will be carried out jointly at the beginning and end of the stay in the gîte, by the owner or his representative and the tenant, and will bear the signature of both parties.
9 - Security deposit
The amount of the security deposit covering the cottage, its furniture and equipment, as well as outdoor facilities is defined in the rental agreement. A security deposit may also be required from the tenant in a bed and breakfast if they wish to use certain facilities made available to them (bicycles, for example).
It is paid at the latest on the day of arrival, either:
- by bank check payable to: SARL LA MAISON DES EYRES,
- through the proposed online deposit provider.
As a general rule, it is returned to the tenant no later than 15 days after departure, less any replacement or repair costs in the event of damage to the elements of the gîtes and guest rooms and the goods made available.
If the deposit is insufficient, the tenant agrees to make up the amount after the exit inventory.
10 - Modification of the contract
10 - 1 - By the Tenant
The tenant can request a change to their stay (nature of the property rented, number of people, rental date, rental duration, etc.) at the latest 15 days before arrival.
After agreement from the owner, and subject to availability , a new contract will be sent to the tenant with a new payment schedule if applicable.
The rules relating to booking and payments described in paragraphs 6. and 7. remain applicable.
If the approved documents and payment (if applicable) are not received within 7 days, the modification request will be cancelled and the initial contract will remain applicable.
Once approved, this new contract will no longer be modifiable. Any new requests will be refused.
Please note , for gîtes, if the rental dates are changed less than 60 days before the initial arrival, the stay will remain non-cancellable even if the arrival is postponed beyond 60 days: No refund will be made in the event of cancellation. By the Owner
The owner can offer the tenant to modify their stay (nature of the property rented, number of people, rental date, rental duration, etc.).
In the event of a price increase following this modification request, this will be fully covered by the owner.
In the event of a price reduction, the difference will be refunded to the tenant upon signing the new contract or taken into account in the payment schedule.
The tenant has 7 days to accept or reject the proposal.
In the event of refusal, the initial contract will remain applicable.
If agreed, a new contract will be sent to the tenant.
The rules relating to booking and payments described in paragraphs 6. and 7. remain applicable.
If the approved documents and payment (if applicable) are not received within 7 days, the proposed amendment will be cancelled and the initial contract will remain applicable.
11 - Cancellation of the contract
11 - 1 - By the tenant
The tenant is advised to take out cancellation insurance with their insurance company, or failing that with the insurer proposed at the time of booking, in order to be insured against cancellations or interruptions of the stay.
Any cancellation must be notified by registered letter or email addressed to the owner before the start of the stay.
If the tenant has cancellation insurance, he must refer to the reimbursement conditions provided for in the insurance contract.
If the tenant does not have cancellation insurance, for any cancellation due to the client, reimbursement by the owner is made as follows:
- cancellation up to and including the 61st day (midnight local time) before the start of the stay for a gîte rental, and up to and including the 15th day (midnight local time) before the start of the stay in a guest room: reimbursement of all sums paid, with the exception of booking fees, the amount of which corresponds to 5% of the sums paid.
- cancellation beyond these deadlines: no refund will be made.
If the tenant has not shown up on the day mentioned in the contract, after a period of 24 hours and without notice being given to the owner:
- This contract is considered terminated.
- The deposit and the balance remain the property of the owner.
- The owner can dispose of his accommodation.
For any stay interrupted or not consumed for any reason whatsoever, the entire amount of the reserved stay will remain with the owner. No refund will be made.
11 - 2 - By the owner
The owner may terminate the contract for one or more failures to fulfill the tenant's contractual obligations without reimbursing the sums paid.
If the owner unilaterally cancels the contract, he can only do so in the event of force majeure making the rental impossible. In this case, he must, after consultation with the tenant:
- Reimburse the amounts paid by the tenant.
- Or offer the tenant a credit corresponding to the amounts paid.
- Or offer, where possible, an equivalent rental (same date, same area, same services) at no extra cost to the tenant.
12 - Termination
In the event of failure by the tenant to fulfill one of his contractual obligations, this contract will be terminated automatically without reimbursement of the sums paid .
This termination will take effect immediately after a simple oral or email or hand-delivered letter remains unsuccessful.
13 - Insurance
The tenant is responsible for all damages caused by him.
The owner must be provided with a copy of their rental or holiday liability insurance covering rental risks (defined in Article 1733 of the Civil Code). This copy will be provided upon booking or before the start of the stay.
14 - Individual police record
An individual police form (according to the Code of Entry and Residence of Foreigners and the Right to Asylum Articles R814-1 to R814-3) must be completed by all occupants upon entering the premises.
The personal data collected pursuant to Article R. 814-1 include in particular:
- Name and first names;
- Date and place of birth;
- Nationality;
- The foreigner's usual place of residence;
- The foreigner's mobile phone number and email address;
- The date of arrival at the establishment and the planned departure date.
- Data relating to children under 15 years of age may appear on the record of an accompanying adult.
15 - Obligation of the tenant
The tenant, signatory of the rental contract, is responsible for all occupants (including visitors) of the rented property and their actions, for the entire duration of the stay.
The tenant will make peaceful use of the rented property.
He will maintain the rented property and return it in a good state of cleanliness: washing and putting away of dishes carried out, sheets and towels collected*, barbecue cleaned, floor swept*, household rubbish and other waste removed*. (* does not apply to overnight stays in guest rooms)
He undertakes to make normal and reasonable use of the means of comfort (heating, water, electricity, etc.) as well as the equipment (household appliances, multimedia, kitchen, garden furniture, etc.) made available. Sofas and armchairs must under no circumstances be used as extra beds.
He undertakes for himself and his family not to smoke inside the house, nor on the terraces and to place cigarette butts outside in an ashtray, then to dispose of them, carefully extinguished, with household waste.
He is responsible for the use of the internet access made available to him during the rental period (See paragraph 16.).
Due to the adjoining property, the owner must scrupulously respect the neighborhood and the internal regulations of the property and is prohibited from organizing any exceptional event (wedding, reception, parties, New Year, etc.) without the prior written agreement of the owner.
He undertakes not to make any changes to the arrangement of the furniture and premises.
He undertakes to inform the owner as soon as possible of any breakdown, damage, incident or malfunction.
The tenant is prohibited from any transfer of the contract, whether in full or partial rental, as well as from making a copy of the keys given by the owner.
16 - Internet
To meet the growing needs of digital devices, owners have implemented a network aggregation system through routers.
A "guest" network is available to tenants. The password will be given to you upon your arrival.
Each user is legally responsible for the use he makes of this connection. He undertakes
- to respect the rules of IT ethics and in particular not to disclose the network password to others.
- to use the means made available to it in accordance with the laws and regulations in force, and in particular:
- not to consult sites that are offensive to human dignity (racism, pedophilia, pornography or inciting hatred or violence, etc.).
- not to commit crimes and acts of piracy that infringe the rights of others, copyright and the safety of people.
- not to intentionally carry out operations which could result in masking one's true identity, altering, modifying data or accessing information belonging to other network users.
Internet access by a minor is under the responsibility and supervision of the person who entered into the rental agreement or an adult designated by the latter. NO CONTENT FILTER IS INSTALLED.
In the event of a request from the competent authorities, the owner of the accommodation will transmit the contact details of the tenant who has benefited from said connection in accordance with the law.
17 - Obligation of the owner
The owner undertakes to maintain the accommodation covered by this contract in a satisfactory state of maintenance, cleanliness and safety. In the event that a device or equipment having a major influence on the comfort of the tenant should fail, the owner undertakes to implement the means allowing for repair or replacement as soon as possible.
18 - Presence of animals
Except for guide dogs under certain conditions and after consultation with the owner, animals, even pets, are not accepted. Their presence would result in the immediate termination of this contract.
19 - Special case of companies
When the tenant of a gîte is a company, it must indicate this when requesting a reservation.
These general rental conditions apply with the following additional specificities:
- Weekly cleaning carried out by us is planned and invoiced upon reservation.
- The person (or company) who signed the contract is responsible for all occupants (including visitors) of the rented property and their actions, for the entire duration of the stay, even if they themselves are not staying there.
- To facilitate communication, the company will designate a contact person among the occupants, whose contact details will be forwarded to the owner. In the case of foreign occupants, this person must be able to understand and make themselves understood in French or, failing that, in English.
- The accommodation conditions stipulated in the labor code (Article R4228-26 to R4228-37) must be respected. In particular, the non-mixed rooms or the number of people limited to 1 per bed.
- The security deposit must be paid to the owner before entering the premises:
- either sent by mail in advance,
- be entrusted to the contact person who will give it to the owner upon arrival.
- The entry and exit inventory must be carried out and signed with the contact person. Therefore, the company must allow the necessary time for its completion.
- An invoice will be issued at the end of the security deposit retention period and sent to the company.
20 - Consumer information on the possibility of opposing telephone canvassing
Since the law of January 6, 1978 relating to information technology, files and freedoms, everyone can oppose the use or transfer of their personal data. This allows consumers to oppose various forms of commercial prospecting from professionals using their data.
These provisions were reinforced by the HAMON law, which inserted into Article L. 223-2 of the Consumer Code the obligation for any professional who collects a consumer's telephone data to inform the latter of their right to register on the telephone canvassing opt-out list. This obligation came into force on June 1, 2016.
If information relating to the consumer's telephone data is collected at the time of entering into a contract, the contract must clearly and comprehensibly mention the existence of this right for the consumer. This is therefore a new mention to be added to the general conditions of any professional addressing the consumer.
Consumers can register for free on this list available on the website www.bloctel.gouv.fr.
In addition to the obligation to provide information, the professional will be prohibited from soliciting consumers registered on this list, unless they are previous customers.
It is therefore the responsibility of the professional who wishes to carry out a prospecting campaign to check via their registration on the bloctel.gouv.fr website that their clients do not appear on this list.
He will therefore have to purge his prospecting file of the contact details of the people registered on this list. It is also recalled that the sale or rental of files containing the telephone data and contact details of one or more consumers registered on the telephone canvassing opposition list is prohibited.
These prohibitions do not apply to protection for the supply of newspapers, periodicals or magazines. Any professional who does not comply with these provisions is liable to an administrative fine of up to €15,000 if they are a natural person and up to €75,000 if they are a legal entity.
21 - Home
For the performance of this contract, the owner and the tenant elect domicile at their respective addresses, indicated in paragraph 1 for the owner and at the time of booking for the tenant. However, in the event of a dispute, the court of the owner's domicile will have sole jurisdiction.
This contract is subject to French law.