Updated 05/20/2024
GENERAL AND SPECIAL CONDITIONS OF SALE (GCS)
Between the Company SARL LES JARDINS DES BALISIERS, Route de douville – 97180 Sainte Anne, with a Share Capital of €1,000, registered in the Trade and Companies Register of Pointe à Pitre, SIRET 754 003 002 00013, represented by Mrs. CATHERINE NUNES, as manager, duly authorized for the purposes hereof. The company can be contacted by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the ""Seller"" or the ""Company"" or ""the service provider"".
On the one hand, And the natural or legal person purchasing products or services from the company,
Hereinafter, ""the Buyer"", or ""the Customer"", or ""the tenant""
On the other hand, it has been stated and agreed as follows: Preamble
The Seller is a publisher of short-term tourist accommodation products and services exclusively for consumers, marketed through its website (https://www.lesjardinsdesbalisiers.com).
The list and description of the goods and services offered by SARL Les Jardins des Balisiers can be consulted on the aforementioned site.
Article 1: Purpose These General and Specific Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
Article 2: General Provisions These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the websites of SARL LES JARDINS DES BALISIERS, which are an integral part of the offer between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in the event of multiple payments) of the order. These GTC can be viewed on the Company's website at the following address: www.lesjardinsdesbalisiers.com. The Customer declares that they have read all of these General and Specific Terms and Conditions of Sale and accept them without restriction or reservation. The Customer acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Client declares that he is able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Rental contract The rental contract is reserved for the exclusive use of furnished tourist accommodation. The parties declare that the rental does not concern premises rented for use as a primary or secondary residence or residential accommodation. No person not mentioned in the rental contract is authorized without the authorization of the seller. The tenant agrees not to sublet the accommodation, to use the premises peacefully and to insure against rental risks such as theft, fire, water damage.
Article 4 : Duration of stay The tenant who signs the contract concluded for a fixed period may not under any circumstances claim any right to remain on the premises at the end of the stay.
Article 5: Conclusion of the contract - The tenant will pay a deposit corresponding to 50% of the rental amount and must accept the reservation offer and the general conditions of sale through the reservation platform. The reservation is considered final upon receipt of the deposit.
- For any reservation made 30 days or less before the start of the stay, the deposit corresponds to 100% of the rental amount. The entire rental price must therefore be paid at the time of booking.
- For any short-term reservation (less than or equal to 6 nights), the deposit corresponds to 100% of the rental amount. The full rental price must therefore be paid when booking.
- when the tenant books via the website's reservation center, the rental offer received by the tenant constitutes a rental contract.
Article 6: Price of the stay
6.1 The price includes: - Rental of the equipped and furnished accommodation, - maintenance of the garden and swimming pool, - household linen: - SINGLE BED: 2 flat sheets, 2 pillowcases and 2 towels (1 large 1 small) - DOUBLE BED: 2 flat sheets, 4 pillowcases and 4 towels (2 large 2 small) - Shower room: 1 floor mat per shower room - Kitchen: 2 tea towels - Consumption of water, gas, electricity and WIFI internet, - on request: ironing board and iron.
6.2 The price does not include:- Tourist tax (5% of accommodation/number of people/number of nights with a maximum of 2.40 euros per person per night),
- the mandatory ""end of stay cleaning"" package (€80 in a 2-bedroom villa – €50 in a 1-bedroom villa –
70 € en suite) unless otherwise specified in the offer (special or promotional offers),
- Cancellation guarantee (taken out by the tenant),
- Additional options such as: first breakfast kit, breakfast or other meal services served in the villa, cleaning during the rental period, wellness care services, etc.
- the security deposit (1000€/2-bedroom villa – 500€/1-bedroom villa)
- Additional services resulting from a voluntary or involuntary extension of the stay (early arrival, climatic and/or health conditions, etc.): they are the responsibility of the customer based on the current rate.
Article 7 : Payment for items not included in the rental price
7.1 Administration fees For any order (stay or provision of services), an administration fee (also called service fees) corresponding to 4% of the amounts to be paid will be charged. These administration fees are added to the amount of the rental and/or services ordered. They are due at the time of booking or purchase of the services and are non-refundable, regardless of the reason for the cancellation.
7.2 Tourist tax The tourist tax is collected on behalf of the Riviera du Levant (agglomeration of municipalities of which Sainte Anne is part) and is not included in the price of the stay. It must be paid at the latest on site on the day of the tenant's arrival at the premises.
7.3 The end-of-stay cleaning package This is mandatory. If it is not included in the rental price, it can be paid when the balance of the rental is paid or at the latest on site on the day of arrival when the keys are handed over.
7.4 Additional options These can be paid at the time of the rental balance or at the latest on site on the day of the tenant's arrival at the premises.
7.5 Wellness services Wellness services must be purchased with a stay. They are then paid for at the time of purchase on the website.
7.6 The security deposit It is paid by check payable to SARL LES JARDINS DES BALISIERS on the day the keys are handed over.
Article 8: Reservation procedure1) The availability calendar of the villas on the website "les jardins des balisiers" https://www.lesjardinsdesbalisiers.com is kept up to date. However, it is preferable to make a request for pricing and availability: - by email lesjardinsdesbalisiers@gmail.com - from the "book" or "confirm purchase" buttons or the "contact" form on the website - by phone at 0690 97 51 47 (from abroad + 590 690 975 147).
2) To confirm your reservation and establish the rental contract, we will need personal information: name, first name, postal address, telephone number (mobile). Upon receipt of this information, we will draw up a quote and send it to you by email.
The reservation of a villa is effective upon receipt of the deposit corresponding to:
- 50% of the rental amount if the reservation is greater than or equal to 7 nights and occurs more than 31 days before the delivery of the keys.
- 100% of the rental amount if the reservation is less than or equal to 6 nights or occurs 30 days or less before the delivery of the keys.
The deposit can be paid by bank transfer, credit card, holiday vouchers. Upon receipt, the customer will be informed by email and an invoice and the contract will be drawn up and sent.
Article 9: Payment of the balance The balance of the rental is paid 1 month at the latest before arrival at the rental by bank transfer, bank card or holiday vouchers.
In the event that the rental balance is not paid on the day of taking possession of the premises, the service provider will have the premises available again without having to reimburse the amount of the deposit paid.
Article 10: Cancellation by the customerAny cancellation must be notified by registered letter or email addressed to SARL LES JARDINS DES BALISIERS, route de douville –– 97180 sainte Anne Guadeloupe / email: lesjardinsdesbalisiers@gmail.com The date on which the cancellation is taken into account will be the day on which the service provider is notified by registered letter or email.
10.1 - The tenant will lose the deposit (as well as the administration fees) if he withdraws 31 days or more before the effective date of the lease (= date of arrival in the rental).
10.2 - If the tenant cancels between 30 days and the date of arrival in the rental, the tenant will pay the difference between the deposit and the equivalent of the total rent for the stay as well as all the options requested. 10.3 - in the event of a no-show by the tenant: the entire reserved stay and its options will be due.
10.4 - in the event of early departure of the tenant: payment of the entire stay reserved and its options will remain acquired.
10.5 - If the customer has not shown up on the day mentioned in the contract, after a period of 24 hours and without notice being given to the seller:
- this contract is considered terminated,
- The price of the service remains acquired by the seller,
- The seller can dispose of his service.
Article 11: Cancellation by the seller The seller will refund to the tenant double the amounts already paid by the tenant on the date of the seller's withdrawal.
Article 12 : Arrival / Departure of the tenant
12.1 -Upon arrival, the customer must arrive on the specified day and from the time mentioned in this contract. In the event of a late or delayed arrival, the customer must notify the company or its representative so that they can best organize the customer's reception.
12.2 - Departures are made 7 days a week before 12:00 p.m. The tenant is obliged to respect the schedule for vacating the villa (because the organization of cleaning as well as the schedule for making the villa available to the following guests depend on it) as well as the departure instructions written in the welcome booklet (dishes done and put away, trash and recyclables removed, etc.). The deposit can be recovered on the day of the customer's departure. In this case, 1 hour will be necessary to establish the exit inventory.
Article 13: Inventory and inventory
13.1 -Upon entering the rental, the client has 24 hours to check that the premises are in accordance with the description given and to report any anomalies noted to the seller. After this period, the rented property will be considered free of damage upon the tenant's entry.
13.2 - The inventory of fixtures and exit inventory will be carried out on the day of the tenant's departure so that the tenant can recover his security deposit in full if no damage or deficiencies are found. He must then allow 1 hour for the seller to draw up this exit inventory.
If damage is found, SARL LES JARDINS DES BALISIERS will retain the security deposit. It will make the purchases and/or work necessary to restore the accommodation. It will provide the invoice(s) by returning the security deposit from which the expenses incurred will have been deducted.
13.3 -In the absence of a contradictory inventory at the end of the rental, the absence of any dispute by the service provider within 72 hours following the end of the rental (time of departure of the tenant) will be deemed to be the return of the premises in good condition and with a complete inventory. The security deposit check will then be returned to the tenant within 7 to 10 days after the tenant's departure and by post.
Article 14: Security deposit The tenant pays a security deposit by check upon arrival. This deposit is not cashed except for the purpose of restoring the premises and/or various repairs. The amount of these deductions must be duly justified by invoices from the provider of the premises. If the security deposit proves insufficient, the tenant agrees to complete the amount on the basis of the supporting documents provided by the seller. This present deposit may in no case be considered as a contribution to the rent. If no damage is found after the exit inventory, the security deposit will be returned in full to the tenant by post within a period not exceeding 10 days after their departure.
Article 15: Use of the premises Les Jardins des Balisiers is dedicated to rest and rejuvenation, therefore parties and evenings are not permitted. The tenant must ensure the peaceful nature of the rental, use it in accordance with the intended use of the premises and ensure the proper maintenance of the premises. The entire villas are 100% non-smoking. The client, if he wishes, may smoke in the garden or on the outdoor terraces, without disturbing the other tenants present at that time (be careful of the wind direction). In the event of an infringement, the tenant will be liable for a fine equivalent to the rate of an additional night as well as any specific cleaning costs. Deep frying is not permitted on the entire site.
Article 16: Capacity The capacity is limited to the number and name of the people indicated in the contract for the entire duration of the stay. If the number of tenants exceeds the capacity or the number of people stipulated in the rental contract, the service provider reserves the right to refuse entry to the premises (and therefore the taking of possession of the rental by the tenant) or to request an increase in the price. Any modification or termination of the contract will therefore be considered at the initiative of the tenant and no refund will be made. In the event of abuse, the service provider or its agent may demand immediate departure from the premises and request compensation for damage suffered. The same may apply in the event of neighborhood disturbance.
Article 17: AnimalsPets are allowed throughout the site with a limit of one pet per villa. Exceptions are made for assistance animals.
Article 18: Insurance The tenant is responsible for all damages caused by him. He is required to be insured by a holiday insurance contract for these various risks.
Article 19: Right of withdrawal
In application of the provisions of article L 221-28-12 of the Consumer Code, the services offered on the site www. Lesjardinsdesbalisiers.com (with the exception of gift cards and vouchers for well-being services) are not subject to the application of the right of withdrawal provided for in articles L. 221-21 et seq. of the Consumer Code regarding distance selling. Consequently, the services ordered on the site www.lesjardinsdesbalisiers.com are exclusively subject to the cancellation and modification conditions provided for in these General Conditions of Sale and the Customer may not invoke the right of withdrawal.
Concerning the gift cards and vouchers for wellness services, they are subject to the right of withdrawal: the buyer has a right of withdrawal of 14 days from the date of purchase. In this case and before the withdrawal period expires, the buyer sends the seller an email expressing his wish to withdraw to the following address: lesjardinsdesbalisiers@gmail.com The customer will then be reimbursed for his purchase with the exception of the administration fees (see article 7.1 of these General Terms and Conditions)
Article 20: Telephone canvassing The customer has the possibility of registering on the Bloctel telephone canvassing opposition list from the site https://conso.bloctel.fr
Article 21: Disputes / Applicable law This text is subject to French law. Any dispute relating to its interpretation and/or execution shall be subject to the French courts.
Article 22: Mediation In the event of a dispute, the consumer mediator may be contacted: Société Médiation Professionnelle www.mediateur-consommation-smp.fr 24 rue Albert de Mun - 33000 Bordeaux
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