Terms and Conditions
Please read these booking terms and conditions (these Terms). They set out the terms and conditions of your contractual relationship with Les Jardins de Louisa and the policies and procedures that apply to your stay. They are important.
1. Definitions
The following words when capitalised in these Terms have these meanings:
Accommodation is the period of time at the Property for which Les Jardins de Louisa provides accommodation to you as set out in the agreed Booking.
Booking is your request for Accommodation made via our website booking form or email.
Check-in Date is the date (and time) on which Accommodation will begin and the Property is made available to you.
Event Outside Our Control is as defined in section 10 of the Terms.
Property is the house and its contents and the connected gardens and related belongings of Les Jardins de Louisa.
Property Specific Terms are the specific restrictions applicable to the Property as detailed to you by us.
Terms are the booking terms and conditions set out in this document and includes the Property Specific Terms and any other terms provided to you by us.
We, Our, Us (we, our, us) means Les Jardins de Louisa.
You (you) means the person who has made the Booking and includes all persons that you have advised will be using the Property with you during the Accommodation.
In these Terms when we use the words writing or written, this includes a communication by e-mail unless we say otherwise.
2. Our Contract with You
These Terms are the basis upon which we are providing Accommodation to you.
The Property is as detailed in the Booking.
Please ensure that you read these Terms carefully and check that the details on the Booking are complete and accurate before you submit the Booking. If you think that there is a mistake or you would like to make a change, please contact us as soon as possible. To avoid any confusion between you and us, we will confirm any changes to you in writing.
These Terms become binding when you have made the required payment. At that point a contract will come into existence between you and us.
If any of these Terms conflict with any term of the Booking, the Booking will take priority.
You promise that you will arrive at and leave the Property at the dates and times in the Booking (unless we agree with you otherwise in writing in advance of your arrival and departure dates).
The Accommodation will not be available at any time outside of the check in and out times unless this has been agreed in advance and confirmed by us to you in writing.
We endeavour to keep our illustrations, photographs and other imagery as up to date as possible. All of these images are for illustrative purposes only, however, and are subject to change.
The activities that are described on our website and in the literature in the Property are outside of our control and are not supplied by us. If you wish to carry out any activity at or near the Property, we strongly recommend that you book the activity with the relevant provider.
You confirm that you are over the age of 18.
Once your Booking has been confirmed, we agree to provide the Accommodation in accordance with section 4.
You can cancel this contract in accordance with sections 9 and 11.
3. Changes to Bookings or Terms
We may revise these Terms from time to time in the following circumstances:
· to reflect changes in how we accept payment from you,
· to reflect changes in relevant laws and regulatory requirements or
· if we have a valid commercial reason to do so.
If we have to revise these Terms for one of these reasons, we will give you at least 14 days written notice of any changes before they take effect. You can then choose to cancel the contract in accordance with section 11.
You may request a change to the Booking for Accommodation by contacting us. Any requested changes to the Booking will be permitted by us at our sole discretion.
If you wish to cancel a Booking before the Check-in Date, please see your right to do so in sections 9 and 11.
4. Providing Accommodation & Restrictions
We will supply the Accommodation to you for the period set out in the Booking.
The maximum number of people who can stay in the Property will be notified to you as part of the Booking. You promise that you will not exceed that number.
We will make every reasonable effort to make the Accommodation available to you on time. However, there may be delays due to an Event Outside Our Control. See section 10 for our responsibilities when an Event Outside Our Control happens.
If you do not pay us for the Accommodation when you are supposed to, access to Accommodation will not be permitted.
Pets are only permitted in the Property if agreed by us in advance in writing. If you turn up with a pet that has not been agreed you may be refused entry to the Property and will not receive a refund if you are unable to make an alternative arrangement for the pet to stay away from the Property.
Smoking is strictly prohibited in the house but is permitted on the outside terraces. Note that the Property is located in a drought area and care is required at all times to ensure that there are no wildfires.
Internet access is offered in the Property. A minimum speed, unrestricted bandwidth or uninterrupted provision of an internet access service cannot be guaranteed, however. We are not liable for any form of compensation or expense claimed by you or any or your guests in the event that internet service is disrupted or becomes unavailable during the Accommodation.
You promise to take proper care of the Property and its contents during the Accommodation. In the event of damage or loss to the Property during the Accommodation you will be liable for the cost of repair or replacement, in our discretion.
We only supply the Property for domestic and private use. You agree not to use the Property for any commercial, business or re-sale purpose.
5. Price and Payment
The price of the Accommodation will be set out at the time you place your Booking and when we confirm your Booking.
Payment may be made by debit card, credit card through the booking system, or bank transfer. Bank transfers must be in cleared funds by the deadlines for payment as set out in these Terms.
Any bank or transfer charges shall be borne by you.
Cheques may not be used for payment of any sums due.
Payment may only be made in GBP unless otherwise agreed in advance by us in writing.
You must pay the total cost of the Accommodation, including the security deposit and cleaning fee, at the time that you make your Booking.
6. Legal Rights
As a consumer, you have legal rights if the Accommodation is not offered to you with reasonable skill and care, or if the services are not as described. Nothing in these Terms will affect these legal rights.
The full extent of Our liability is as set out in the Agreement at section 7.
7. Our Liability to You
We are responsible to you for loss or damage you suffer that is a foreseeable result of our breach of the Terms or of our negligence, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damages are foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time this contract was entered into.
We have no liability to you for any transport or alternative accommodation costs even if that was foreseeable. We do not have any responsibility or liability to you for loss or damage to any of your items, belongings or vehicles, howsoever caused. We also have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, even if that was foreseeable.
Except as required by law, our total liability to you shall not exceed the price you have paid for the Accommodation.
8. Events Outside Our Control
Neither you nor we shall be in breach of these Terms nor liable for delay or failure to perform, if such delay or failure results from events, circumstances or causes beyond our or your reasonable control.
If the Property cannot be provided to you as a result of an event or circumstance beyond our reasonable control, we will inform you as soon as possible so a full refund can be arranged for you. Such circumstances would include, for example, a decision by the French public authorities to restrict entry to France by non-EU nationals as a result of Coronavirus (COVID-19) if means that you could not access the Accommodation.
For the avoidance of doubt, if you or a member of your group contracts Coronavirus you will not be able to rely on this section 8 to terminate the contract, and the standard terms and conditions will apply to your cancelled Booking.
9. Your Right to Cancel and the Applicable Refund
You may cancel your Booking for Accommodation and receive a 100% refund for the total amount you have already paid if you decide to cancel in the 15 day period after the Booking. You must contact us in writing during this 15-day period to confirm your cancellation. We will then confirm your 100% refund in writing.
You may cancel a Booking for Accommodation up to 60 days before the Check-In Date and receive a refund for 50% of the total amount you have already paid. You must contact us in writing at least 60 days before the Check-In Date to confirm your cancellation. We will then confirm your 50% refund in writing.
If you cancel a Booking for Accommodation within 60 days of the Check-In Date your security deposit and cleaning fee will be refunded, but you will not receive a refund of the rental amount.
Where you have cancelled a Booking because of our failure to comply with these Terms or if we change these Terms under section 3 and you have then elected to cancel the contract you will receive a 100% refund of the total amount you have already paid.
Once you have accessed the Property or the Check-In Date has passed, you may only cancel the contract for Accommodation by giving us written notice if we:
· breach this contract in any material way,
· change these Terms under section 3 and you elect to then cancel the contract, or
· have had an Event Outside Our Control.
10. Our Right to Cancel and the Applicable Refund
We may have to cancel a Booking before the start date for the Accommodation, due to an Event Outside Our Control or the unavailability of key personnel without which we cannot provide the Accommodation. We will promptly contact you if this happens. If we have to cancel a Booking for this reason and you have made any payment in advance for Accommodation, we will refund these amounts to you in full.
We may cancel the contract for Accommodation at any time with immediate effect by giving you written notice if you do not pay us when you are supposed to break the contract in any other material way prior to or during the Accommodation. If we have to cancel a Booking for these reasons, you will not be entitled to any refund of amounts paid by you, other than the security deposit which will be returned in the event there is no damage or loss to the Property.
11. How to Contact Us
If you have any questions or if you have any complaints, please contact us by email to southoffrancevacationhome@gmail.com.
If any section of these Terms requires you to give us notice in writing (for example, to cancel the contract), you should do so by sending an email to southoffrancevacationhome@gmail.com. We will confirm receipt of your email by return email.
If we have to contact you or give you notice in writing, we will similarly do so by email to the address you provided in the Booking.
12. How We May Use Your Personal Information
All data you provide to us will be treated in accordance with our Privacy Policy.
13. Other Important Terms
You acknowledge that we may enforce any and all of these Terms against you.
Except for you and us, no other person shall have any rights to enforce any of these Terms. No-one other than the persons listed in the Booking may enjoy the Accommodation.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or we delay in doing so, that will not mean that we have waived our rights against you and it will not excuse you from the need to comply with those obligations. Conversely, if we do waive a default by you, we will only do so in writing.
These Terms are governed by English law. All parties agree to submit to the non-exclusive jurisdiction of the English courts in the event of a dispute.
Thank you for taking the time to read through these Terms.