Terms & Conditions

GENERAL RENTAL CONDITIONS

DOMAINE DU BUC (special Post Covid-19 season 2021, see Force majeure)

Article 1 – Scope of application and pre-contractual information

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1.1. These general terms and conditions of rental (hereinafter the ” General Terms and Conditions “) apply to all rentals of guest rooms (hereinafter the ” Rooms “) concluded between the owner of the establishment (hereinafter the ” Renter “) and individual consumers (hereinafter the ” Customer( s)”).

No special condition may, without the express written acceptance of the Hirer, prevail over these General Terms and Conditions, so that any contrary conditions set by the Customer will, in the absence of the Hirer’s express acceptance, be unenforceable against the latter.

The Hirer reserves the right to modify these General Terms and Conditions at any time, it being understood that the modifications will only apply to bookings made after the said modifications.

1.2. The present General Terms and Conditions are communicated to any Customer who so requests and are in any event available on the Renter’s website: www.domainedubuc.com

They are also communicated at the time of the Room Reservation Confirmation to the e-mail address indicated by the Customer.

Any reservation of a Room and in particular any payment of a deposit for the reservation implies unreserved acceptance of the present General Conditions.

Consequently, the Customer expressly acknowledges having been provided, prior to booking the Rooms and entering into the contract, in a legible and comprehensible manner, with these General Terms and Conditions and with all the information listed in article L.121-17 of the French Consumer Code and in particular the following information:

– the essential characteristics of the services and in particular of the Rooms offered by the Renter;

– prices of services and room rentals, as well as accepted means of payment;

– information about the Renter’s identity, business and contact details;

– information on the absence of a right of withdrawal.

1.3. These General Terms and Conditions are written in the French language in their original version, which alone is authentic and takes precedence over any other version translated into a foreign language.

If any provision of these General Terms and Conditions is declared invalid or unenforceable on any legal grounds whatsoever by a court of law or any other administrative or regulatory authority, such decision shall in no way affect the validity of the remaining provisions.

Failure to exercise, at any time, any prerogative or right recognized herein, or to require performance of any provision hereof, shall in no event be construed as a modification of the contract, or as an express or implied waiver of the right to exercise such prerogative in the future, or of the right to require strict performance of the obligations hereunder.

Article 2 – Identity and contact details of the Renter

The room rental services described in these Terms and Conditions are offered by the Renter, whose full details and contact details are set out below:

Article 3 – Description of services – guest rooms

3.1. The rental services, the Rooms and all ancillary and/or complementary services that may be offered by the Owner are described in detail with regard to their specific features and qualities on the Owner’s website.

Although the Owner makes every effort to ensure that the photographs appearing on its website are faithful and up-to-date reproductions of its Rooms and services, variations may occur due in particular to the technical characteristics and color resolution of the photographs.

Similarly, for reasons of internal organization and in order to ensure the comfort of the Rooms and the renewal of furniture and equipment, the Renter may have to replace certain furniture and/or equipment shown in the photographs on the website.

As a result, the customer may not claim any compensation whatsoever, nor call into question in any way the reservation made, due to inadequacies or delays in updating certain photographs on its website.

In any event, the Customer may contact the Hirer for any questions and/or additional information on the details of the services and Rooms offered, using the contact details given in article 2 above.

The Hirer may also draw up a specific quotation to meet the Customer’s specific requirements and needs.

3.2. The Customer is expressly informed that the Rooms offered by the Hirer are designed for a precise and determined number of persons.

Consequently, the Renter may at any time, without incurring liability in any way and for any reason whatsoever, refuse the entry and presence of additional persons in the Rooms initially rented.

The Customer expressly acknowledges and accepts that the Room rental services offered by the Renter are for a limited and specific period of time, so that the Customer cannot claim, for any reason and at any time whatsoever, a right to remain in the premises.

Article 4 – Formation of contract – Booking conditions

4.1. Reservation confirmation

The Customer is expressly reminded that the precise description of the rental services and Rooms offered by the Hirer may be obtained from the Hirer’s website and/or by contacting the Hirer using the contact details set out in article 2 above.

Regardless of the method of contact, the Hirer will send the Customer, at the Customer’s postal address or e-mail address as indicated by the Customer, a booking confirmation (hereinafter the ” Booking Confirmation “) containing details of the Room(s) booked, prices and payment terms, including the deposit referred to in article 4.2 below, as well as these General Terms and Conditions.

4.2. Down payment

4.2.1. Unless otherwise agreed by the Hirer, the conclusion of the rental contract is expressly subject to the prior payment of a deposit of Twenty-Five Percent (25%) of the total amount of the reservation made, including all taxes (TTC). This amount is only withdrawn at the time of final booking, i.e. 15 days before the start of the holiday. Before this date, the renter may cancel the reservation at any time.

The Customer is informed of the obligation to pay this deposit and of the terms of payment in accordance with article 5.2 below, at the time of the Reservation Confirmation referred to in article 4.1 above.

It is expressly agreed that the payment of the above-mentioned percentage constitutes a ” deposit “, thus excluding the qualification of “earnest money” in accordance with the provisions of article L.131-1 of the French Consumer Code.

Consequently, the payment of this deposit by the Customer and its collection by the Hirer firmly and definitively binds the Parties to the rental contract, subject to the stipulations of articles 4.5 and 4.6 below.

Any deposit paid by the Customer is cashed on receipt by the Hirer to firmly and definitively validate the reservation of the Room(s) and deducted from the invoice for the total amount of the stay.

Customers are expressly reminded that payment of a deposit implies unreserved acceptance of these General Terms and Conditions.

4.2.2. Notwithstanding the above stipulations, for reasons of internal organization of its establishment and for stays of less than 2 nights, the Owner reserves the right to require the Customer to make full cash payment prior to any firm and definitive reservation of Rooms.

In this case, the Customer will be expressly informed on the Reservation Confirmation sent by the Hirer.

4.3. Online booking and payment

4.3.1. The Customer may book Rooms directly from the Owner’s website. In this case, the following steps must be followed:

1. Enter the website address and follow the instructions.

1. Fill in the reservation form provided online, according to the instructions provided, and enter the information required for identification, in particular surname, first name, postal address and e-mail address.

iii. Check booking details and, if necessary, identify and correct any errors or omissions.

4. Validate the reservation, the total price including all taxes (VAT) and the payment of the deposit in accordance with the conditions set out in article 4.2 above.

4. Follow the instructions of the online payment server to pay the price inclusive of all taxes (VAT) or the requested deposit in accordance with article 4.2.

1. The Customer will then receive a Reservation Confirmation electronically and without delay, mentioning acceptance of payment and validation of the reservation.

4.3.2. Customers who have chosen to make their reservation via the website will definitively validate their reservation by clicking on the “Confirmation of reservation with payment obligation” tab on the screen, thereby demonstrating their commitment, knowledge and acceptance of these General Terms and Conditions and of the reservation made.

At the end of the booking process, the customer is advised to download, save or print these General Terms and Conditions.

4.4. No right of withdrawal

In accordance with article L.121-21-8, 12° of the French Consumer Code, and notwithstanding the modification and cancellation terms set out in articles 4.5 and 4.6 below, the Customer is expressly informed that he/she does not benefit from the legal right of withdrawal set out in article L.121-21 of the French Consumer Code..

4.5. Modification / Cancellation by the Customer

4.5.1. Unless otherwise agreed by the Renter, reservations for Rooms and arrival dates may not be changed by the Customer, once they have been confirmed as firm and definitive and, in particular, once the deposit referred to in article 4.2 above has been received.

In any event, the Customer undertakes to inform the Hirer of any late arrival in relation to the agreed date and time, and in any event after 7pm , in accordance with article 6.1 below.

In the absence of such information and if the Customer does not show up before the mandatory arrival times referred to in article 6.1 below, unless otherwise agreed by the Owner, the reservation will be deemed to have been cancelled by the Customer and the Owner will be free to use the Rooms.

4.5.2. Except in cases of force majeure, in the event of cancellation of the reservation by the Customer and if the Customer has paid a deposit at the time of reservation :

GUEST ROOMS

– two (2) weeks or more before the start date of the holiday: the Hirer undertakes to refund the Customer the full amount of the deposit paid;

– less than two (2) weeks before the start date of the stay: the Hirer retains the full amount of the deposit paid;

– less than eight (8) calendar days before the start of the holiday: the Hirer(i) retains the full amount of the deposit paid and(ii) reserves the right to request the full amount, including all taxes (VAT), of all nights booked, with the exception of any additional services not consumed.

GITES

– Three (3) weeks or more before the start date of the holiday: the Hirer undertakes to refund the Customer the full amount of the deposit paid;

– less than three (3) weeks before the start date of the stay: the Hirer retains the full amount of the deposit paid;

– less than eight (8) calendar days before the start of the holiday: the Hirer(i) retains the full amount of the deposit paid and(ii) reserves the right to request the full amount, including all taxes (VAT), of all nights booked, with the exception of any additional services not consumed.

4.5.3. Likewise, in the event of a no-show by the Customer, without information or warning from the Hirer, or in the event of a shortened stay, the Hirer retains the full amount of the deposit paid and reserves the right to request the total amount, including all taxes (TTC), of all the nights booked, with the exception of any additional services not consumed.

4.5.4. In any event, the Customer undertakes to inform the Hirer of any modification and/or cancellation by any written means (letter, fax, e-mail).

4.6. Modification / Cancellation by the Hirer

4.6.1. In view of the management constraints specific to the booking of Rooms and for reasons of safety and/or temporary refurbishment of the Rooms, the Renter reserves the right to change the Room initially booked for a Room of the same or higher capacity and standard.

In this case, and unless otherwise agreed by the Hirer, the Customer may not request any reduction in the price of the reservation.

4.6.2. Except in cases of force majeure, in the event of cancellation of the reservation by the Hirer :

BED AND BREAKFAST

– less than two (2) weeks before the start date of the holiday: the Hirer will refund the Customer the full amount of the deposit paid;

– less than eight (8) calendar days before the start date of the stay: the Hirer(i) reimburses the deposit paid in full and, in the absence of an amicable solution agreed to rehouse the Customer(ii) pays compensation equal to the total amount, including all taxes (TTC), of all the nights booked, with the exception of additional services not consumed.

GITES

– less than three (3) weeks before the start date of the holiday: the Hirer will refund the Customer the full amount of the deposit paid;

– less than eight (8) calendar days before the start date of the stay: the Hirer(i) reimburses the deposit paid in full and, in the absence of an amicable solution agreed to rehouse the Customer(ii) pays compensation equal to the total amount, including all taxes (TTC), of all the nights booked, with the exception of additional services not consumed.

4.6.3. In any event, the Hirer undertakes to inform the Customer of any modification and/or cancellation by any written means (letter, fax, e-mail).

Article 5 – Prices and payment terms

5.1. Price

The prices for the rental of Rooms and all ancillary or complementary services are indicated by the Renter on its website and/or in all brochures, documents and Internet platforms delivered and/or accessible to the Customer, as well as in the Reservation Confirmation sent in accordance with article 4.1 above.

Unless otherwise stated, these prices are inclusive of all taxes, taking into account the VAT rate applicable on the day of booking, with the exception of tourist tax.

The Hirer reserves the right to modify its prices at any time, it being understood that price modifications will only be applicable to bookings made after the said modifications.

5.2. Terms of payment

On the day of departure, the Hirer will issue an invoice corresponding to the total amount, including all taxes (TTC), of the stay booked, less the deposit previously paid in accordance with article 4.2 above.

The balance of the invoice is payable by the customer on the day of departure. Additional services consumed by the customer during his stay will also be invoiced and paid for at the end of his stay.

The means of payment available to the customer are : cash, credit card (CB, AA), bank transfer, cheque, vacation voucher

Article 6 – Obligations of the Renter

6.1. Subject to the regular completion of the reservation formalities by the Customer and in particular the payment of the deposit referred to in article 4.2 above, the Renter undertakes to make the reserved Room(s) available to the Customer according to the agreed dates and duration of the stay.

In this context, unless otherwise agreed by the Hirer, the Customer is expressly informed of the following mandatory arrival and departure times:

– Arrival times: 16hThe Customer must inform the Hirer of any arrival after 7pm.

– Departure time: 11 a.m. at the latest.

6.2. Subject to the clauses of article 4.6.1. above, the Renter undertakes to guarantee the Customer the peaceful enjoyment of the rented Room and the availability of its equipment and furnishings.

Article 7 – Customer obligations

7.1. Use of rooms, gîtes and premises

7.1.1. The Customer is obliged to use and enjoy the rented Room(s), the common areas and the furniture and equipment in a peaceful manner.

Smoking is strictly prohibited in the Rooms and in the common areas of the Hirer’s premises.

More generally, in order to ensure the peace and quiet and peaceful enjoyment of the premises by all the Hirer’s customers, each Customer undertakes to respect reasonable and appropriate good manners, as well as any instructions communicated by the Hirer which are not included in these General Terms and Conditions.

7.1.2. In accordance with article 1731 of the French Civil Code, the Customer is presumed to have received the rented Room, its furniture and equipment in a good state of use and conservation, and is required to return them to the Renter in the same state.

Consequently, the Customer is liable and obliged to compensate the Hirer for any damage and/or loss occurring during the stay, rendering the rented Room unfit for its purpose and for any new rental, unless such damage and/or loss occurred through no fault of the Customer.

The Customer is required to send the Owner any complaints concerning the conformity and/or condition of the Rooms reserved within three (3) calendar days of entering the premises.

In any event, the Customer is required to inform the Hirer as soon as possible of any incident, deterioration and/or damage that may occur, whether or not due to his/her fault, from the time of entry into the premises and throughout the duration of the stay.

7.2. Animals

Unless otherwise agreed at the time of booking, pets are not allowed on the rental premises.

In the event of failure to comply with this instruction, the Hirer may cancel the holiday booked by the Customer, without the latter being entitled to any right to reimbursement or compensation whatsoever.

Guide dogs for the blind or visually impaired are accepted by the Hirer, unless otherwise specified at the time of booking.

7.3. Swimming pool

The pool is open every day from 8 a.m. to 8 p.m.

Access to and use of the pool area is reserved exclusively for resident Customers, who are solely responsible for it, and the Hirer cannot be held liable in any way whatsoever for any accident occurring in the pool area.

Minors wishing to access the pool must be accompanied by their parents and/or an adult with authority over them, who are solely and exclusively responsible for their care and supervision.

More generally, each Customer undertakes to comply scrupulously with all indications and instructions provided by the Owner concerning access to and use of the pool area.

7.4. Responsibility for minors

The Customer is expressly informed and warned that minors present and working on the Hirer’s premises are placed under the sole and entire responsibility of their parents and/or any person having authority over them.

7.5. Personal property

The Customer’s personal belongings are placed under the Customer’s sole and entire responsibility, and it is the Customer’s responsibility to take all precautionary and security measures that are useful and necessary for their preservation and/or for any damage they may cause.

Subject to the relevant legal provisions, the Hirer accepts no liability whatsoever in the event of loss, theft, injury and/or damage to goods and/or persons on the Hirer’s premises, however caused and whenever incurred.

Article 8 – Force majeure

8.1. In accordance with article 1148 of the French Civil Code and the definition adopted by the jurisprudence of the French courts and tribunals, force majeure is defined as any event beyond the control of the Parties that is both unforeseeable and irresistible and/or unavoidable.

Consequently, it is expressly agreed that in the event of default by one of the Parties on any of the obligations provided for and/or arising from the present General Terms and Conditions due to an event of force majeure within the meaning of the present article, the defaulting Party shall not incur any liability vis-à-vis the other Party.

8.2. In particular, the Customer is expressly informed that the Hirer may be prevented, against his will, from fulfilling all or part of his obligations under these General Terms and Conditions due to an event of force majeure, such as, but not limited to, bad weather, earthquakes, fires, storms, floods, water damage and any climatic event making it impossible to welcome and/or accommodate customers under normal and legal safety conditions.

In such cases, it is expressly agreed that the Hirer shall not be held liable in any way whatsoever, nor be liable to pay any compensation to the Customer for the total or partial non-performance of its obligations.

8.3. CANCELLATION RELATED TO COVID-19

If the customer is unable to come to Domaine du Buc for a reason related to COVID 19 (flight cancelled, confinement, positive test), the Hirer undertakes to refund the deposit in full up to 15 days before the stay.

Article 9 – Personal data

Information and data concerning the Customer are collected by the Hirer solely for the purpose of processing Room reservations.

This information and data may be collected and recorded in a customer file belonging to the Hirer.

In accordance with the “Loi Informatique et Libertés” of January 6, 1978, the Customer has the right to access, withdraw and rectify his personal data by contacting the Hirer using the contact details given in article 2.

Likewise, the Customer is expressly informed of the fact that during the process of reserving Rooms, he/she may be asked to accept or refuse to receive commercial and/or promotional offers from the Renter at a later date.

Article 10 – Applicable law and settlement of disputes

The present General Terms and Conditions and any contractual relationship arising between the Parties are governed exclusively by French law, to the exclusion of any other foreign legislation and/or regulations.

For any dispute relating to the validity, interpretation, performance, non-performance, interruption and/or termination of these General Terms and Conditions and any obligations arising therefrom, the jurisdiction of the Courts shall be determined in accordance with the applicable rules of procedure and international regulations and conventions.

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