Terms & Conditions of Sales
1. Purpose
Define the rules for validating the rental contract for tourist lodgings 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 having 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 rental amount, applicable taxes and charges, the payment schedule and methods.
The tenant acknowledges having taken note of the nature of the property rented, its location, the reservation terms 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 for 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.)
2. Presentation of The House of Eyres:
La Maison des Eyres is a guest house set up in an old farm 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 unless authorized by the owner, under penalty of additional costs which may amount to 80€ per person per day/night.
In any case, the owner can refuse additional persons.
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 camper vans there unless authorized by the owner.
In the event of abuse being noted, any modification or termination of the contract will consequently be considered to be at the initiative of the tenant.
4. Duration 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 times specified in the rental contract. He must inform the owner a few days in advance of his expected arrival time. In the event of a delay or last-minute impediment, the tenant must notify the owner without delay.
Late arrival: We receive our guests until 9 p.m. However, in the event of a delay and after consultation, we can agree on a later arrival. You may then be asked for a supplement. Without news from you, we will not be able to accommodate you after 9 p.m.
Departure: Similarly, the tenant must scrupulously respect the day and maximum time of departure mentioned in the contract. He must keep the owner informed of his expected time of departure and inform him of any early departure.
Early departure: For any departure before 8:00 a.m., the end-of-stay inventory (in a 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.
In case of early arrival or late departure desired, contact us upon booking to validate this possibility together. You may then be asked for a supplement.
For any unvalidated overrun, an additional cost of €25 per hour will be charged in a guest room, €50 in a gîte.
5. Rental rates and charges
The price agreed upon when booking includes, for the entire rental period, the payment of all rental charges.
Included, among other things, are tourist tax, end-of-stay cleaning, heating, water and electricity, sheets and towels, and bicycle rental. For guest rooms, breakfast is also included, the cost of which is included in the price of the night.
Remarks :
- The rental price depends on the evolution of energy costs (electricity, gas, wood). Consequently, in the event of a sharp increase in energy prices, the owner reserves the right to pass on this cost to the rates. The tenant will then be informed of any change in the price of his reservation at least 60 days before the date of arrival at the vacation spot. In this case, he will be entitled to continue or cancel his reservation and will have 7 days to inform the owner of his decision.
- Rates are calculated based on reasonable water and energy consumption. Any consumption deemed excessive may be billed at the end of the stay.
- The end-of-stay cleaning in the gîte, carried out by us, does not exempt the tenant from daily maintenance. In the event of an obvious failure, cleaning the gîte may be charged €80.
When the tenant of a gîte is a company, it must indicate this when booking. In this case, weekly cleaning carried out by us is planned and invoiced when booking (cost mentioned on the description sheet).
6. Reservation
The booking site allows you to book a stay online.
After choosing the dates of his stay, the customer selects the accommodation that meets his needs and the corresponding rate. He can opt for the proposed cancellation insurance.
It provides information on 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 alone is responsible for, then he 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, representing 50% of the total amount of the stay, charges and tourist tax included, is to be paid upon reservation.
- The balance is taken 60 days before the start of the stay in a gîte, 14 days in a guest room. A message will be sent to inform him of the withdrawal.
- If the reservation request is made less than 60 days in a gîte or 14 days in a room, the balance will be taken within 48 hours following payment of the deposit.
- Please note, if the customer wishes to pay the balance by another means (Holiday Vouchers for example), they must notify us promptly before the due date.
8. Inventory
The inventory of fixtures and fittings and the interior and exterior equipment 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 the outdoor equipment is defined in the rental contract. A security deposit may also be requested from the tenant in a bed and breakfast in the event that the latter wishes to use certain equipment made available to him (bicycles for example).
It is paid at the latest on the day of arrival, i.e.:
- by bank check payable to: SARL LA MAISON DES EYRES,
- through the proposed online surety provider.
As a general rule, it is returned to the tenant no later than 15 days after their departure, after deduction, in the event of damage to the elements of the gîtes and guest rooms and the goods made available, of any replacement or repair costs.
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 modification 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.
In the event of non-receipt of the approved documents and payment (if applicable) 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 request will be refused.
Please note , for lodgings, in the event of modification of the rental dates 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.
10.2. 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 refuse 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 apply.
In the event of non-receipt of the approved documents and payment (if applicable) 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 benefits from cancellation insurance, he must refer to the reimbursement conditions provided for in the insurance contract.
If the tenant does not benefit from 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 amounts paid, with the exception of booking fees, the amount of which corresponds to 6% of the amounts 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 acquired by the owner. No refund will be made.
11.2. By the owner
The owner may terminate the contract for one or more failures to perform the contractual obligations of the tenant without reimbursing the sums paid.
If the owner unilaterally terminates the contract for any reason other than a failure to perform the contractual obligations of the tenant, he may 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 a credit to the tenant corresponding to the amounts paid.
- Or offer, where possible, an equivalent rental (same date, same area, same services) at no extra charge for the tenant.
12. Insurance
The tenant is responsible for all damages caused by him.
He must provide the owner with a copy of his rental or holiday liability insurance covering rental risks (defined in article 1733 of the civil code). This copy will be given when booking or before the start of the stay.
13 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 habitual domicile of the foreigner;
- The foreigner's mobile phone number and email address;
- The date of arrival at the establishment and the expected date of departure.
- Data relating to children under 15 years of age may appear on the record of an accompanying adult.
14. 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 clean condition: washing and putting away of dishes done, sheets and towels gathered*, barbecue cleaned, floor swept*, household trash 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 should never 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 15).
Due to the adjoining property, the owner must scrupulously respect the neighbourhood and the internal regulations of the property and is prohibited from organising any exceptional event (wedding, reception, parties, New Year's Eve, etc.) without the prior written consent of the owner.
He undertakes not to make any changes to the layout 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 total or partial, as well as from making a copy of the keys given to him by the owner.
15. Internet
In order to meet the growing needs of digital devices, owners have implemented a network aggregation system via routers.
A ""guest"" network is made 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 computer 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 detrimental 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 users of the network.
Internet connection by a minor is done under the responsibility and supervision of the person who concluded the rental contract 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.
16. 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 were to fail, the owner undertakes to implement the means allowing repair or replacement as soon as possible.
17. 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.
18. Termination and breach of contract
In the event of a breach by the tenant of one of his contractual obligations, this contract will be terminated automatically. This termination will take effect after a period of 24 hours following a simple summons by email or hand-delivered letter remaining unsuccessful. At the end of this period, the tenant must have vacated the premises.
In the event of a breach resulting in a breach of contract (presence of animals for example), the termination will take effect as soon as the breach is noted. The tenant is required to leave the premises immediately.
In these cases, no reimbursement of the amounts paid will be made.
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 specific features:
- 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 exchanges, the company will define a contact person among the occupants whose contact details will be transmitted 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 nature of 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 reference person who will give it to the owner upon arrival.
- The entry and exit inventory must be carried out and signed with the reference person. Therefore, the company will have to plan the time necessary 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 objecting to telephone canvassing
Since the law of 6 January 1978 relating to information technology, files and freedoms, everyone can object to the use or transfer of personal data concerning them. This allows consumers in particular to object to various forms of commercial prospecting by 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 required to collect a consumer's telephone data to inform the latter of their right to register on the list of opposition to telephone canvassing. This obligation came into force on June 1, 2016.
If information relating to the consumer's telephone data is collected at the time of concluding 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.
The consumer can register for free on this list available on the website www.bloctel.gouv.fr.
In addition to the information obligation incumbent on him, 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 telephone data and contact details of one or more consumers registered on the telephone canvassing opt-out list are 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 person.
21. Home
For the execution 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.