Company responsible: SARL PRESTIGE VILLA RENTAL
Head office address: C/O BURO Club GUADELOUPE, 3617 Boulevard Marquisat de Houelbourg - Immeuble Simkel, 1er étage - 97122 Baie-Mahault (Guadeloupe)
SARL (Limited Liability Company) with a capital of €5 000 registered in the Pointe à Pitre Trade and Companies Register
Telephone: +33 6 85 18 53 01
Name of the person responsible for the publication: Manuel REUFF
Details of the website provider:
2 rue Kellermann
59100 Roubaix – France
+33 9 72 10 10 07
To consult the legal notices on the PRESTIGE VILLA RENTAL website, please go to the link, permanently accessible from the site at the address: https://www.prestigevillarental.com/legal-mentions/
To view the general terms and conditions of sale in PDF format: https://www.prestigevillarental.com/booking-conditions/
Date of online publication: June 1, 2016
Date of last modification: March 27, 2018
1. PURPOSE AND SCOPE
The company PRESTIGE VILLA RENTAL (hereinafter referred to as “PRESTIGE VILLA RENTAL”) is a real estate agency that offers through these present terms an intermediary service of luxury villa rental in the French West Indies (Guadeloupe, Martinique, St Barthelemy, St Martin) and on the French Riviera as well as additional optional services (hereinafter referred to as "concierge services").
The general terms and conditions of sale govern all commercial relations resulting from the furnished rental offered to (non-professional) clientele using one or more of the villas listed on the Site www.prestigevillarental.com, as well as all commercial relations resulting from the sale of concierge services as listed below:
These general terms and conditions govern all contractual relations between PRESTIGE VILLA RENTAL and the CUSTOMER.
THE CUSTOMER DECLARES HAVING READ THESE TERMS IN THEIR ENTIRETY AND FULLY AND UNRESERVEDLY ACCEPTS THE OBLIGATIONS IMPOSED.
If the customer does not fully approve of the general terms and conditions of sale, the latter is not authorised to use the site. The customer can keep a printed copy of the general terms and conditions of sale, which will also be sent on a durable medium, by e-mail and/or post, and is permanently available at the address: https://www.prestigevillarental.com/booking-conditions/.
THE CONTRACT IS FORMED ON THE DAY THE CUSTOMER RESERVES ONE OR MORE FURNISHED VACATION RENTALS LISTED ON THE SITE, WHICH IS CONSIDERED UNCONDITIONAL ACCEPTANCE BY THE CUSTOMER OF THE PRESENT GENERAL TERMS AND CONDITIONS OF SALE.
The company PRESTIGE VILLA RENTAL reserves the right to change the current terms at its discretion and at any time without informing the customer in advance, according to the evolution of its services, as well as the evolution of the legislation in force. The use of the site, platforms, systems and any other features offered by PRESTIGE VILLA RENTAL is always subject to the most recent version of the General Terms and Conditions of Sale available on the site.
By using the services offered by the company PRESTIGE VILLA RENTAL, the Customer acknowledges being of sound mind, of legal age, having the capacity to enter into a contract and not being subject to any legal protection measures for adults as defined in articles 425 and following of the French Civil Code.
By accessing the services offered by PRESTIGE VILLA RENTAL, the Customer declares to be informed and expressly consents to the collection of personal information when booking a stay, registering on the Site, subscribing to the newsletter or participating in a contest, participating in surveys or any other contact by the Customer.
When using the PRESTIGE VILLA RENTAL Site, it is strictly forbidden to:
The Customer agrees to provide only exact, current and complete information of which they guarantee at all times the accuracy, sincerity and reliability, when registering on the Site and/or when booking accommodation. Customers agree to promptly make changes to any information concerning them.
2. APPLICABLE LAW
The furnished vacation rental services as well as the optional concierge services offered by the real estate agency PRESTIGE VILLA RENTAL are intended only for individuals as consumers.
These general terms and conditions of sale are governed by the provisions of the French Civil Code and the French Consumer Code and are also subject to the specific rules governing furnished tourist accommodation.
The rates offered on the Site are published as guidelines only. They are likely to fluctuate according to changes in the exchange rate and current tax legislation.
The furnished vacation rental rates are shown inclusive of all taxes and charges (including water and electricity).
The price includes the furnished vacation rental for the planned duration, a service charge of up to 5% of the full amount of the booking, and the security deposit (hereinafter referred to as "Security Deposit").
Service charges include booking fees and bank charges.
The price does not include the final cleaning costs upon departure or the tourist tax established in accordance with Article L. 2333-29 of the General Local Authorities Code, which must also be settled on site.
The furnished vacation rental may be booked for a maximum, non-renewable period of ninety consecutive days.
5. BOOKING PROCEDURES AND PAYMENT METHODS
EXCLUSION FROM THE WITHDRAWAL PERIOD: THE TENANT ACKNOWLEDGES AND FULLY AND UNRESERVEDLY ACCEPTS THE PROVISIONS OF ARTICLE L. 221-28 12° OF THE FRENCH CONSUMER CODE; THE RIGHT OF WITHDRAWAL IS NOT APPLICABLE.
Article L. 221-28 French Consumer Code “The right of withdrawal cannot be exercised for contracts that:
12° Supply accommodation services, other than residential accommodation, goods transportation services, car rental, catering services or leisure activities that are to be provided on a fixed date or for a fixed period.
By the present General Terms and Conditions of Sale, the customer expressly agrees to use the site's booking platform and the stipulated payment terms as means of concluding the contract.
Customers acknowledge that when making the booking on the Site, they are required to pay for the full amount of the service, and only the collection of payment can confirm the booking.
Booking steps and procedures:
For your information: Paybox is a payment operator specialised in the management and security of banking and private card transactions on e-commerce sites and in Distance Selling activities in general.
The customer is directed to a secure payment page encrypted by SSL (128-bit) PayBox technology.
Upon payment of the remaining balance, another invoice will also be sent with a mention of the amount settled, the final confirmation and accommodation directions.
SPECIFIC CASE: in the case of a booking made less than 30 days before the arrival date (45 days for Martinique, 60 days for St Barth, St Martin and the French Riviera), the full invoice amount will have to be settled upon the customer’s confirmation of the for the booking. Payment by bank transfer is excluded for bookings made less than 30 days (45 days for Martinique, 60 days for St Barth, St Martin and the French Riviera) before the tenant’s arrival date. Therefore, only secure online payment will be accepted for bookings made less than 30 days (45 days for Martinique, 60 days for St Barth, St Martin and the French Riviera) before the arrival date.
IN ANY CASE, THE BOOKING PAYMENT CONSTITUTES FIRM AND DEFINITIVE COMMITMENT FROM THE CUSTOMER WHO IS REQUIRED TO DO SO AND IN DOING SO TRIGGERS THE FORMATION OF THE CONTRACT.
IN THE EVENT OF EVEN PARTIAL REJECTION OF THE DEPOSIT AND/OR THE TOTAL BOOKING AMOUNT, THE BOOKING WILL BE CANCELLED IMMEDIATELY, AND THE CUSTOMER CANNOT MAKE ANY CLAIMS WHATSOEVER. IT IS THE CUSTOMER’S RESPONSIBILITY TO ENSURE THAT THEIR ACCOUNT HAS SUFFICIENT FUNDS.
BY THE PRESENT GENERAL TERMS AND CONDITIONS OF SALE, THE CUSTOMER GUARENTEES THAT THEY HAVE ALL THE NECESSARY PERMISSIONS TO PERSONALLY USE THE METHODS OF PAYMENT (BANK CARD, BANK TRANSFER) AND ACKNOWLEDGES THAT THE COMMUNICATION OF INFORMATION RELATING TO THESE METHODS OF PAYMENT CONSTITUTES AUTHORISATION TO DEBIT FUNDS FOR THE BENEFIT OF PRESTIGE VILLA RENTAL:
In the event of non-payment of a partial or of the full amount within the agreed period, (i.e. 30 days before the arrival date), the full amount will become immediately payable, in addition to the costs necessary for the recovery of the sums due, namely postal charges, bailiffs' fees and lawyers' fees.
6. PENALTIES AND INTEREST ON LATE PAYMENTS
In the absence of full payment by the tenant before the arrival date, the tenant acknowledges by the present general terms that they may be subject to legal action by PRESTIGE VILLA RENTAL for the purposes of recovering the price and payment for damages.
In the event of late payment, late fees will be due on the day after the settlement date shown on the invoice.
7. TERMINATION OF THE CONTRACT
Any termination must be made in writing and delivered to PRESTIGE VILLA RENTAL by
registered letter with acknowledgement of receipt. The termination is effective on the date PRESTIGE VILLA RENTAL receives the notification made by the Customer.
REFUND POLICY IN CASE OF TERMINATION BY THE CUSTOMER:
o In the event of cancellation made at least 30 days (45 days for Martinique, 60 days for St Barth, St Martin and the French Riviera) before the arrival date, the full deposit paid by the customer will not be refunded. It will be retained by the Owner minus the commission owed to PRESTIGE VILLA RENTAL;
o In the event of cancellation made within 30 days (45 days for Martinique, 60 days for St Barth, St Martin and the French Riviera) [of the arrival date], the Customer will be liable for the full amount of the booking. The full amount (minus the commission owed to PRESTIGE VILLA RENTAL) will be paid to the Owner.
PRESTIGE VILLA RENTAL is not responsible in the event of a Customer no-show or a tenant’s shortened stay.
PRESTIGE VILLA RENTAL will not refund nor compensate the Customer.
In the event that Customers do not warn of an arrival delay of more than 24 hours, they unreservedly accept that the reserved property may be made available again for rent by PRESTIGE VILLA RENTAL on its Site and PRESTIGE VILLA RENTAL will not renounce its claim to the total payment of the agreed service in addition to damages and interests.
In the event of cancellation made at least 30 days (45 days for Martinique, 60 days for St Barth, St Martin and the French Riviera) before the Customer’s arrival date and THUS INVOKING A PENALTY CLAUSE, the Owner agrees to offer new furnished tourist accommodation of equivalent price and standard to that initially proposed at the time of booking.
If no equivalent accommodation is available, the Owner will refund the Customer the full deposit paid for the booking.
In the event of cancellation made within 30 days (45 days for Martinique, 60 days for St Barth, St Martin and the French Riviera) of the Customer’s arrival date and THUS INVOKING A PENALTY CLAUSE, the Owner will refund the customer the deposit paid plus compensation equivalent to 50% of the total price, corresponding to a refund of 75% of the price.
PRESTIGE VILLA RENTAL shall under no circumstances be held liable. It shall be the Customer's responsibility to take direct action against the Owner.
PRESTIGE VILLA RENTAL and/or THE OWNER cannot be held responsible in the event of force majeure, including but not limited to: the risk of war or war itself, military training, strikes, boycotts, traffic or transportation problems, government measures, scarcity of raw materials, natural disasters (such as, but not limited to hurricane, floods, drought, heat waves, earthquakes, tsunamis, volcanic eruptions or major astronomical events such as comets, nuclear disasters, and any other circumstances that reasonably prevent PRESTIGE VILLA RENTAL and/or THE OWNER from fulfilling their obligations.
In these cases, PRESTIGE VILLA RENTAL and/or THE OWNER may resolve the booking made without the Customer being able to assert rights of compensation or restitution. If force majeure occurs during the stay, so that the Customer has only partially been able to stay in the reserved accommodation, the rental contract is considered to be completely resolved even if, for the period in question, the Client can establish genuine lack of use of the rented accommodation.
8. TRAVEL INSURANCE AND LIABILITY
PRESTIGE VILLA RENTAL implements rigorous procedures in quality accommodations selection and to guarantee the safety of Customers allowing them to spend the best possible holidays. However, some risks like the cancellation or the interruption of stay, the rental damages, etc. may be subject to optional insurance. In this regard, PRESTIGE VILLA RENTAL subscribes for all its Customers an insurance covering these risks with the Company PM CONSEILS via the insurer AM TRUST.
This insurance is included in each booking but can be refused by the Customer on request.
See the general terms and conditions of insurance: https://www.dropbox.com/s/k7k2v2lu1bzxn3v/RESUME-GB-RESERVATAIRE-AM-TRUST.pdf?dl=0
The presence of pets is prohibited without express permission from the owner. It is up to the latter to accept or refuse the presence of pets in the accommodation and this should follow an initial request from the Customer that must be made at least 24 hours before the arrival date.
The surcharge for pets is €50 per week. The Customer acknowledges and accepts by these general terms and conditions of sale for the surcharge to pay for pets.
10. SECURITY DEPOSIT
For each furnished vacation rental, a deposit proportional to the proposed rental price of the property will be claimed by the owner upon the Customer's arrival at the premises, by cash or credit card pre-authorisation. The requested security deposit must be considered as a guarantee stricto sensu and constitutes a part of the total price as described in article 3 "Price".
An inventory check of the property will be carried out upon the arrival at and departure from the accommodation.
In the event that the check-out inventory is consistent with the one carried out upon arrival:
In the event that the check-out inventory is not consistent with the one carried out upon arrival, PRESTIGE VILLA RENTAL agrees to return the security deposit minus any repair costs or replacement costs for any furniture, electronic equipment or furniture or property damaged owing to the fault or negligence of the Customer, within 1 month from the day the keys are returned.
If the amount for any repairs and/or replacement exceeds the amount of the security deposit, the Customer agrees to pay the difference due to the owner subject to the presentation of supporting invoices.
The villa is furnished and equipped, in perfect state of maintenance and repair. The customer agrees by the present general terms and conditions of sale to make normal and fair use of the movable and immovable objects present in the furnished accommodation, until the keys are returned.
By agreeing to provide a security deposit to the owner, the Customer agrees in the event of voluntary or involuntary, direct or indirect deterioration of any movable or immovable object, to be liable for the amount of repairs or replacements definitively withheld from the security deposit.
The Customer agrees to not make any modification, alteration or adjustment in the accommodation, either inside or outside. They acknowledge by the present general terms and conditions of sale the obligation to return the accommodation in the same condition as when it was rented.
They acknowledge having fully read the rules made available by the Owner in paper format in the accommodation. And, in particular, they agree to not to use washbasins, sinks, toilets for the disposal of any object likely to block them or to damage them, under penalty of assuming the expenses of any repair costs.
The accommodation includes household linen (bath towels & sheets) in sufficient quantity for the number of holiday guests and in good condition. The Customer acknowledges that it is forbidden to hang household linen from the windows or other openings and to make it visible from the outside.
The rented Tourist Accommodations must be occupied by the number of persons stipulated in the contract. The accommodation facilities (swimming pool, bedding...) are exclusively reserved for the persons stipulated on the sales contract.
In the event that it is discovered during the stay by the on-site representative that there is an excess number of people than the number stipulated in the contract, PRESTIGE VILLA RENTAL may request compensation calculated in proportion to the number of additional people based on the initial amount: in any case, the number of additional people may not exceed the maximum capacity permitted by the Tourist Accommodation. In the event of refusal, the representative may demand the departure of people not initially specified in the contract.
Customers acknowledge by the present general terms and conditions of sale the obligation hold civil liability insurance for themselves and for each of the adults and children using the accommodation, which includes a "holiday clause". A confirmation of the latter may be requested before entering the accommodation. If the tenant does not have insurance, in the event of an accident, the latter is held liable. PRESTIGE VILLA RENTAL recommends the purchase of insurance from PM CONSEILS, the link to which can be found on our website. Travel insurance is available from as little as €1.
12. FINAL CLEANING FEES
To ensure that each customer enjoys clean Tourist Accommodation upon arrival (dust-free furniture, clean windows, cleaned refrigerator...), the final cleaning fees are compulsory.
However, each customer is still required to return the Tourist Accommodation in a good state of cleanliness, dishes done, bins emptied, BBQ, oven and microwave cleaned.
Failure to comply with this clause will result in a deduction from the deposit.
In the event that the furnished accommodation provides common areas such as a swimming pool or a playroom, the Customer agrees to be held solely responsible for the use of all common areas, including themselves and all other registered adults and children or visitors.
The latter, as well as any accompanying adult or children accept the use of the common areas made available during the stay in full and complete knowledge of the facts and by accepting the present general terms and conditions of sale relieve PRESTIGE VILLA RENTAL from any liability in the event of a material, immaterial, direct or indirect accident caused during the use of the common areas (particularly the pool and its surroundings). The Customer, by taking preventive and surveillance measures, agrees by the present general terms and conditions of sale to ensure the safety and security of accompanying persons, in particular young children for the duration of the stay, when using the accommodation and the common areas.
14. DAYS OF ARRIVAL AND DEPARTURE
For bookings made between the Christmas and New Year holiday period, the arrival and departure days are Saturday only. For the rest of the season, the Customer is free to choose the day of arrival.
On the day of arrival, the Customer will be able to check into the accommodation from:
And on the day of departure, the Customer must vacate the accommodation and return the keys no later than 11am unless the Parties agree otherwise in writing. The accommodation may be available until 12 noon unless it is due for another rental immediately afterwards.
Any complaints concerning the service provided by PRESTIGE VILLA RENTAL must be sent by registered letter with acknowledgement of receipt to the following address:
PRESTIGE VILLA RENTAL
3617, Boulevard Marquisat de Houelbourg - C/O Buro Club – Immeuble Simkel
Or by email: email@example.com
Within seven days following the date of returning the keys to the owner.
16. THE LIABILITY OF PRESTIGE VILLA RENTAL
PRESTIGE VILLA RENTAL assumes no responsibility in case of:
PRESTIGE VILLA RENTAL cannot be held responsible for any inconvenience suffered by the Customer or by any third parties resulting from the stay in the rented property, including: temporary water failure and/or energy resources, the breakdown of the elevator, sauna, heating installation, swimming pool, in the event of changes in the road layout, access roads, neighbouring buildings, surrounding noise, etc.
The inbound and outbound travel formalities are the sole and exclusive responsibility of the customer. The real estate agency PRESTIGE VILLA RENTAL assumes no responsibility in the event of additional transport costs, visa refusal, failure to check-in at the airport, flight cancellation resulting in the impossibility for the latter to take full advantage of the stay or to reside in the booked accommodation.
In any case, PRESTIGE VILLA RENTAL is bound by an obligation of means and can only be held liable in the event of proven misconduct resulting from its obligations under these conditions. Its liability is limited to direct damages and excludes any form of indirect damages. PRESTIGE VILLA RENTAL'S liability shall be limited to the maximum amount that PRESTIGE VILLA RENTAL'S insurer will pay.
17. NON-TRANSFERABILITY OF THE CONTRACT
The booking confirmation by the Customer on the Site constitutes final acceptance and triggers the formation of the rental contract. The contract is concluded intuitu personae and may in no case be transferred by the Client without express written permission from PRESTIGE VILLA RENTAL.
18. AGREEMENT ON EVIDENCE
The information provided by PRESTIGE VILLA RENTAL as well as any e-mail communication delivered by PRESTIGE VILLA RENTAL to the customer shall be deemed authentic between the Parties. PRESTIGE VILLA RENTAL and the Customer establish, in the context of the services, rules concerning the evidence admissible between them in the event of a dispute and their probative value.
The following provisions thus constitute the agreement of evidence between the parties, which is committed to respect the present article. PRESTIGE VILLA RENTAL and the customer agree to accept that in the case of a dispute, the data resulting from the use of the site, platforms, systems and any other functionality offered by the Site, any information sent by the customer, including but not limited to photographs, letters and e-mails, constitute proof of acceptance of these conditions, acceptance by electronic means of all offers and all services and authenticated payment methods, in particular through the express waiver of the right of withdrawal.
PRESTIGE VILLA RENTAL and the Customer agree irrevocably that in the case of a dispute, the significance of these documents, information and data is that granted to an original, within the meaning of a hard-copy document, signed by hand.
19. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These general terms and conditions of sale are subject to French law. Customers may, at any time, consult their rights at the following addresses: www.legifrance.fr - www.cnil.fr. Any dispute relating to the validity, interpretation, execution, non-execution of the present general terms and conditions governing the relationship between the parties shall be submitted to the court where PRESTIGE VILLA RENTAL has its registered office (High Court of Basse Terre), without prejudice to PRESTIGE VILLA RENTAL'S right to take legal action against any person who has infringed its rights, before a court which would have jurisdiction, in the absence of the above-mentioned clause.
Online Dispute Resolution Platform: In accordance with article 14 of (EU) Regulation No. 524/2013, the European Commission has set up a Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
In the event of a dispute, the consumer may use a consumer mediator in application of Order No. 2015-1033 of 20 August 2015 on out-of-court settlement of consumer disputes. After having written to PRESTIGE VILLA RENTAL, the customer may refer any consumer dispute that has not been successfully settled to the Ombudsman: MEDIATION – NET Consommation – 3 rue des Morillons – 75015 Paris / http://www.mediation-net.com