Terms of sale

GENERAL CONDITIONS OF SALE (Update : may 27^th 2023)

Preamble
1. The purpose of the Association of owners of furnished accommodation in Saint-Gervais - Le Fayet is to put in touch owners of furnished accommodation, members of the Association, with potential tenants.
2. All the information published on our site relating to furnished accommodation for seasonal rental by tourists is based on declarations made by the owners themselves and is only binding on them, to the exclusion of the Association.
3. Within the framework of the rental of our members' furnished accommodation, the Association's mission is limited to the material management of the website, to informing the Internet users on the basis of the information in our possession, to collecting the deposit (and possibly the balance) of the rentals and to providing a rental contract to the tenant and the owner.
4. The Association does not intervene in any way in the terms and conditions of the stay, nor in any disputes that may arise between the tenant and the owner of the rented furnished accommodation.
5. However, any tenant who feels that he/she has been deceived or harmed by a rental made via our site is invited to inform us so that we can take the appropriate measures, without any recognition of responsibility.
Reservation procedures
1. Pre-booking online on the Association's website:
  1. After having indicated the booking dates for the furnished accommodation, chosen any options and clicked on the "Validate" button, the hirer is taken to a new screen where the name of the selected furnished accommodation, the duration of the stay expressed in weeks, the price of the stay excluding options, a summary of the options ordered (with their price), the special conditions specific to the furnished accommodation booked (also referred to as "Conditions" on the screen in question), the total price of the booking including options (excluding any discounts) and the amount of the deposit to be paid are displayed.
    On this same screen, the tenant must then indicate which method of payment he/she chooses and can also leave a comment for the Association or the owner.
    The hirer must also fill in their contact details, validate the box indicating that they are aware of and accept the general terms and conditions of sale, and tick the "I am not a robot" box.
    Finally, they must click on the "Validate" button.
    By this last action, the hirer validates and confirms his order, declares to have taken knowledge and accepted the present general conditions of sale.
  2. The hirer will receive a confirmation of the registration of his pre-reservation by e-mail. This confirmation will include the essential characteristics of the reservation, its price (excluding any discounts) and the terms of payment of the deposit.
2. Pre-booking via contact with the Association's secretariat:
  1. If the hirer contacts the Association prior to making a pre-booking online, for example to ascertain the price of a holiday taking into account certain discounts, the Association will make a price offer by e-mail for the pre-booking(s) envisaged by the hirer.
  2. The hirer shall then comply with the online booking procedure described above, except that after the hirer has made the online pre-booking at the "non-discounted" price, the Association shall confirm by e-mail the price offer previously made and indicate the correct amount of the deposit to be paid.
3. At this stage of the procedure, neither party is yet bound.
4. Transformation of the pre-reservation into an effective reservation:
  1. The booking will only become effective on receipt of the deposit.
  2. It must be in the possession of the Association within 10 days of the date of the pre-reservation registered on the Association's website.
  3. Upon receipt of the deposit, the parties (tenant and owner) are bound.
    The Association sends the tenant and the owner a rental contract by e-mail.
    This contract includes the essential characteristics of the reservation (identification of the furnished accommodation, reservation period, equipment of the furnished accommodation, special conditions for this furnished accommodation, ....), the amount of the deposit already paid, the amount of the balance due and the deadline for payment of the balance.
    The tenant must return a signed copy of this contract to the owner.
  4. The Association's mission is now over, except in the cases explained in the paragraph below concerning the payment of the balance of the rental.
    ALL details that may ensure the smooth running of the stay must then be settled by direct contact between the tenant and the owner.
    The same applies to any disputes.
Payment of the balance of the rental
1. The "latest" date for payment of the balance is mentioned in the text of the rental contract and must be paid at least 15 days before the tenant enters the rented accommodation.
2. The tenant can either:
  1. pay the balance directly to the owner,
  2. pay the balance via the Association (online payment, bank transfer or ANCV holiday vouchers). In this case, the balance only passes through the Association, which immediately transfers it to the owner.
Accepted means of payment
1. Online payment (credit card and transactional email with payment link),
2. Bank transfer (SEPA zone only),
3. ANCV CONNECT holiday vouchers (electronic payment).
Pre-booking and booking less than 15 days before the start of the stay
Only full online payment by credit card for the entire reservation (deposit + balance) is accepted.
Cancellation of the pre-reservation in the event of non-payment of the deposit within the time limit
1. If the deposit is not paid within 10 days of the pre-reservation, a reminder will be sent by the Association to the Hirer.
2. If the tenant does not follow up, it will be considered that the tenant renounces the pre-reservation and the pre-reserved furnished accommodation will be made available again and re-opened for rental.
Cancellation of the reservation by the hirer, non-occupation or interruption of the stay
1. Cancellation after the payment of the deposit and before the payment of the balance.
  In this case, the deposit paid by the client will be retained by the owner as compensation, unless the association finds a new tenant for the same period and at the same price.
2. Cancellation after payment of the balance, non-occupation or interruption of the stay.
  After payment of the balance, and in the event of cancellation of the reservation, non-occupation of the accommodation by the tenant or interruption of the stay, no refund will be made by the owner.
  The owner reserves the right to consider that a tenant does not follow through with his reservation if he has not occupied the rented premises 48 hours after the planned date of arrival or if he has not informed the owner of his delay within the same time limit; in no case may his delay be deducted from the rental price.
3. Note :
  The Association suggests a cancellation insurance, Tranquiloc, for those who wish to take out such insurance, to be taken out directly on the internet, the link being indicated on the Association's website and in the rental contract.
  The Association is in no way involved in this insurance and cannot in any way assume the contractual responsibilities of either party.
Modification or cancellation of the reservation by the owner
1. In the exceptional event that a confirmed reservation (i.e. after the Association has received the deposit and sent the rental agreement to the parties) is modified or cancelled by the owner, the owner undertakes to make a new equivalent or better offer to the client.
2. Within 8 days of being notified in writing (by e-mail), the hirer must :
  1. either cancel the booking (in this case the owner will return the deposit within 8 days),
  2. or accept the proposed stay by signing a rider to the proposed stay.
3. If no reply is received from the Tenant within 8 days, the client is deemed to have accepted the proposal made by the Owner.
Obligations of the tenant
1. It is the responsibility of the hirer to ensure that the information he/she provides at the time of pre-reservation on the Association's website, or at any other time, is accurate and complete.
  Similarly, it is the responsibility of the tenant to ensure that the contact details he/she provides to the Association or the owner are correct and allow him/her to receive all e-mails sent to him/her in connection with his/her reservation of a furnished accommodation.
  In the event that the tenant does not receive confirmation of the registration of his pre-reservation or his rental contract at the various times described in these general conditions, it is his responsibility to contact the Association in order to receive these documents.
  Finally, any change in contact details must be reported to the Association and the owner without delay.
2. The rental contract is concluded with the person who made the reservation on the Association's website and whose contact details are given in the rental contract.
3. The hirer may not transfer the rental or part of it, nor sublet it.
4. The hirer undertakes to take the rented premises in the state in which they will be when he/she takes possession of them, as described in the description sent. The furniture and furnishings shall only suffer the depreciation resulting from the normal use for which they are intended.
5. The Tenant must, within 24 hours of taking possession, inform the Landlord of any anomaly noted.
6. For safety reasons, bunk beds are not suitable for children under the age of 6.
7. In the event of an unexpected breakdown of one of the household appliances, a repairman will be called as soon as possible, without this leading to any reduction in the rental price on the part of the owner.
8. Under no circumstances will barbecues be accepted during the stay.
Obligations of the owner
1. As soon as the Association sends the rental contract to the Hirer and the Owner, the Owner becomes the sole interlocutor of the Hirer and is responsible to the Hirer for the performance of the obligations arising from the execution of these general terms and conditions of sale.
  However, the owner cannot be held responsible for fortuitous events, cases of force majeure or the actions of any person not involved in the course of the holiday.
2. The owner is obliged to make the rented premises available to the client in a good state of use and repair, and the equipment mentioned in the contract in good working order.
3. The charges (electricity/gas/oil) are included in the rental price.
4. The rental includes the provision of blankets and pillows, crockery, cutlery and kitchen utensils.
5. Unless otherwise stated in the description of the flat, household linen is not provided (sheets, pillowcases, towels, tea towels, etc.)
Use of the premises
1. Arrival and departure
  The contract mentions the time slots in which arrivals and departures must take place.
  1. A late arrival may result in the impossibility of access to the rented accommodation on the first day of the rental period, without this giving rise to any reimbursement or compensation.
  2. A departure later than the time indicated by the owner will result in the payment of an additional day's rent (price of the stay excluding any options divided by the number of days of the stay initially booked - deducted from the security deposit).
2. The rented premises must not under any circumstances be occupied by a number of people greater than that indicated in the description sent to the Hirer, children being considered as full occupants (unless special conditions are granted by the accommodation provider).
  If the number of persons to be accommodated exceeds the capacity of the furnished accommodation, the owner may refuse access to the excess persons. In this case, any modification or breach of contract will be considered as being at the initiative of the tenant.
3. Pets : the contract mentions if pets are allowed during the stay. If this clause is not respected, the owner can refuse the stay. In this case, no refund will be made.
4. The Tenant must allow the urgent work necessary to maintain the rented premises and the common equipment to be carried out in the premises.
5. The tenant will comply, as an occupant of the premises, with the internal regulations of the building or establishment.
Internet
1. In furnished accommodation where Internet access is available, the use of the Internet should be in accordance with a number of principles.
2. It is reminded that the following are in particular forbidden
  1. The consultation of sites whose content is likely to offend the dignity of others, good morals, public order or intellectual property, such as for example the use of this Internet access for the purpose of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by a neighbouring right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without authorisation. The user is informed that sharing software, when connected to the Internet, may automatically make downloaded files available. If sharing software has been used to download protected works, it is therefore preferable to deactivate it.
  2. More generally, the use of the Internet for any kind of illegal activity.
3. The hirer, user of the connection, is solely responsible for any direct or indirect, material or immaterial damage caused to himself or to third parties as a result of his use of the Internet.
4. Consequently, the owner is not responsible for the contents accessible through the Internet network and the damage that may arise from their use, nor for the exploitation of the data and information that the user would have introduced on the Internet network.
5. The owner reserves the right to take action against the user in the event that its responsibility is called into question for acts committed by the latter, who may, among other things, be accused of an infringement of copyright (Article L. 335-3 of the Intellectual Property Code).
Security deposit
1. The security deposit, the amount of which is specified in the rental contract, is required to cover any damage that may be caused to the rented property and to the furniture or other objects in the rented premises. It will be returned to the Tenant within 30 days of his departure, after deduction, with supporting invoices or estimates, of the objects replaced, and of any costs of restoration and additional cleaning.
2. If the accommodation is left in a poor state of cleanliness, a fixed amount of 50,00 € will be charged.
3. An inventory of fixtures carried out on arrival and departure will be taken as proof.
Insurance
1. The Tenant is responsible for all damage caused by him. He is required to take out holiday insurance for theft, damage caused by him to the premises he occupies and to third parties.
2. A certificate of insurance or a declaration on honour may be requested on entry to the premises.
Tourist tax
1. Unless otherwise specified in the rental agreement, the tourist tax is not included in the rental price and must be paid in addition to the owner.
2. It is charged by the commune and paid to the Treasury.
  Its amount is fixed by the local council and varies according to the star rating of the accommodation concerned.
  It is payable per person liable for payment and per night.
  The municipal council determines the persons liable to pay and the persons exempted.
3. See our page dedicated to the tourist tax on our website.
Use of the French language and primacy of French
1. This site, intended for potential tenants of our furnished accommodation, is written in French.
  Commercial translations in foreign languages appearing on our site are however accessible to all.
2. The parties agree that the French language version prevails over all commercial translations written in another language.
Jurisdiction
In the event of a dispute concerning the execution of the present contract, the parties agree that the competent court will be that of Bonneville (Haute Savoie).