GENERAL TERMS AND CONDITIONS OF SALE
Preamble :
The purpose of these General Terms and Conditions of Sale is to govern the rights and obligations of BE MY GUEST LACANAU and its client (natural or legal person) in the context of the sale of all BE MY GUEST LACANAU services. These General Terms and Conditions apply to all orders for services placed with our agency.
The General Terms and Conditions of this site have been drawn up in accordance with articles L. 111-1 et seq. of the French Consumer Code and article L.465-1 of the French Commercial Code.
BE MY GUEST LACANAU, EURL with capital of €1,000, registered with the Bordeaux Trade and Companies Register under No. 921 439 725 R.C.S. Bordeaux, represented by Mrs Alice GUFFROY, manager.
HEAD OFFICE: 18, résidence Atlantic Green, 33680 LACANAU. E-MAIL: contact@bemyguest-lacanau.com - TELEPHONE ASSISTANCE: 06.52.12.91.19
1 - DEFINITION
For the purposes of these GCU/CGV, the terms below shall be defined as follows:
"Site" or "Services": The https://www.bemyguest-lacanau.com site and all of its pages
"Services": All of the accommodation services that can be booked on the site
"Publisher" or « Owner" OR « tenant » or « lessor": The legal or natural person who owns the accommodation and is responsible for the publication and content of the site
"User": The Internet user visiting and using the site
"Customer": The Internet user making a booking on the site
2 - CONTENT AND SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply ipso jure to the provision of seasonal rental services. The sale is effective on the date of booking and by payment of the deposit.
Consequently, online reservations imply unreserved acceptance of these General Terms and Conditions of Sale, which prevail over all other conditions, with the exception of those expressly accepted by the seller. The customer declares that he/she has read these General Terms and Conditions of Sale and accepts them before confirming his/her reservation.
3 - PURPOSE OF THE LEASE
The accommodation is rented as a temporary residence. The description of the accommodation is drawn up in good faith by BE MY GUEST LACANAU. The information relating to the reservation is accessible online after the validation of the sale in order to provide clear and transparent information. The photographs reflect a faithful image of the accommodation but are not contractual insofar as they cannot ensure a perfect similarity with reality.
4 - RATES
The prices appearing in the advertisements are indicated in Euros, inclusive of all taxes, taking into account the VAT in force on the day of purchase. The price is firm and definitive. It includes the rent, charges and agency fees payable by the tenant. However, the rent does not include other additional costs such as tourist tax, cleaning costs, disinfection costs, laundry costs, pet supplements or any other additional services requested by the tenant (non-exhaustive list).
BE MY GUEST LACANAU reserves the right to modify its prices at any time, however the price shown on the site on the day of the order will be the only price applicable to the customer.
At the time of booking, the customer undertakes to leave a deposit by credit card imprint, for the amount indicated at the time of booking. This sum is a guarantee intended to cover any damage and/or deterioration that may be caused to the rented property and to the furnishings or other items in the accommodation, as well as to the various charges and consumption.
The security deposit will be returned to the customer within a maximum of 20 days after departure, after deduction of any items replaced, any costs of restoration, additional cleaning and the amount of consumption. However, if the total amount of these deductions exceeds that of the security deposit, the additional costs will be borne exclusively by the Tenant.
5 - LENGTH OF STAY
The length of stay is specified at the time of booking. The Tenant acknowledges that the rented premises are made available only as a temporary residence for a specified period, which may not be extended without the prior agreement of the owner.
6 - PAYMENT METHODS
Payment is made in three stages:
Deposit: a deposit of 40% of the rental price is required at the time of booking, giving rise to a confirmation e-mail. This payment must be made on the day of the online booking.
2nd payment: 40% of the remainder of the rental price is required 70 days before the keys are handed over.
The balance: it is agreed between the parties that the customer will pay the outstanding balance, i.e. 20%, on the agreed date, i.e. 10 days at the latest before the handover of the keys.
7 - MEANS OF PAYMENT ACCEPTED
Payment may be made by bank card (AMERICAN EXPRESS NOT ACCEPTED)
Payment by bank transfer, cash or mobile payment application is also accepted.
However, a special request must be made to ensure that payment is received in full before the start of the holiday.
An invoice will be sent to the purchaser on request.
8 - CANCELLATION
In the event of cancellation, the following conditions will apply:
- if the cancellation occurs more than 2 months before the arrival date, the penalty will be 1% of the rental amount.
- if the cancellation occurs between 4 weeks and 2 months before the arrival date, the penalty will be 30% of the rental price.
- if the cancellation occurs less than 4 weeks before the arrival date, the penalty will be 100% of the rental price.
- In the event of a no-show, the customer will forfeit 100% of the rental price.
9 - CHARTER AND GENERAL CONDITIONS OF USE OF THE ACCOMMODATION
An inventory of fixtures and fittings and an inventory of the furniture made available to the customer are given to the customer on entering the accommodation.
If, for any reason whatsoever, the entry inventory of fixtures and/or the inventory are not drawn up by both parties and signed simultaneously by the Landlord or his representative, the Tenant may contest them within 72 hours (*).
In the absence of any complaints, the entry inventory of fixtures and fittings drawn up by the Lessor or its agent and communicated to the Tenant on entering the accommodation will be deemed to have been accepted unreservedly by the Tenant.
(*) In the case of a stay of less than 72 h 00, the time limit for complaints is exceptionally reduced to 24 h 00.
All tenants must report any comments within 72 h 00 of their arrival. The owner or the persons in charge will have a period of one month from the customer's departure to inform the owner of any anomaly noted.
In the absence of any damage and/or deterioration, the security deposit must be returned in full to the Tenant no later than 20 days after he/she has handed over the keys to BE MY GUEST LACANAU and has actually left the premises.
During their stay the customer undertakes :
To respect the dates and times of occupation of the accommodation, as stated at the time of booking.
To abide by the rules and regulations of the accommodation, in particular the requirement not to cause a nuisance to neighbours and to be quiet after 10 p.m., Not to exceed the number of occupants indicated at the time of booking, including children and babies. For any additional person, an additional cost per night and per person will be payable, in accordance with the usual rates.
Not to hold any parties, events or guest receptions in the accommodation. In the event of non-compliance, the deposit will be systematically retained.
For any specific request, please contact us.
Not to make any changes to the layout of the furniture and objects in the rented property and not to transport them outside the premises. To return the premises in the condition in which the Tenant found them. To pay the cost of washing or cleaning any carpets, blankets, mattresses, bedding, etc. that may have been stained.
To inform BE MY GUEST LACANAU of any malfunctions that they may notice Not to smoke in the accommodation. For reasons of hygiene and safety, smoking is not permitted in the accommodation.
In the event of a suspected smell of smoke and/or burn marks on the furniture, BE MY GUEST LACANAU will deduct from the tenant's deposit the actual amount corresponding to the compensation for the damage suffered (bedding, carpets, curtains, etc.), which will be necessary.
Not to assign this lease. Any total or partial subletting, or making the property available to others, is strictly forbidden BE MY GUEST LACANAU reserves the right to visit the property. The Tenant may not oppose a visit to the premises if the owner or his agent so requests.
BE MY GUEST LACANAU CHARTER
A charter relating to the rules applicable to the accommodation is available when booking the rental in order to give it binding effect and to be able to take any useful measures in the event that the rules relating to it are not respected.
10 - PETS
The Tenant undertakes not to bring any pets (dogs, cats, etc.) into the accommodation without prior authorisation from the Owner.
And in the event that the owner has given his agreement, the possibility of keeping the animal is subject to the fact that the animal does not cause any damage or any disturbance to the enjoyment of the neighbourhood. Any animal accepted in the accommodation must not, under any circumstances and at any time, remain alone and locked up or on the terrace or in the garden in the absence of its owners. In particular, it is strictly forbidden for pets to climb onto sofas and beds. Additional charges apply for pets, and their number is limited.
Documents will also be requested from the animal's owner to certify its ownership and state of health.
11 - OBLIGATION OF THE OWNER
The lowner undertakes to make the rented accommodation available to the lessee in accordance with the description of the property.
12 - INSURANCE
All objects or personal effects belonging to the Tenant are the Tenant's own responsibility. They are not covered by any insurance policy issued by the owner-rental company or the agent. The Tenant shall be required to take out insurance with an insurance company against the risks of theft, fire, glass breakage and water damage, and more generally for all its rental risks as well as for the rented furniture, and for recourse by neighbours, and to provide proof of this at the first request of the owner or its agent.
Consequently, the latter decline all responsibility for the recourse that their insurance company could exercise against the tenant in the event of a claim.
13 - RIGHT OF WITHDRAWAL
In application of 12° of article L. 221-28 of the French Consumer Code, no right of withdrawal may be exercised by the tenant after the conclusion of the sale.
14 - TERMINATION
In the event of a breach by one of the Parties of its respective obligations, either Party may terminate the sales contract by sending a registered letter with acknowledgement of receipt notifying the breach(s) in question, and the other Party may terminate the sale by operation of law, notwithstanding any damages to which it may be entitled.
Similarly, in accordance with articles 1219 and 1220 of the French Civil Code, either party may refuse to perform its obligation, even if it is due, if the other party fails to perform its obligation and if such failure to perform is sufficiently serious. A party may suspend performance of its obligation if it is clear that the other party will not perform when due and if the consequences of such non-performance are sufficiently serious for the party. This suspension must be notified as soon as possible.
15 - COMPLAINTS
Complaints must be submitted within 72 hours* of the event in question. BE MY GUEST LACANAU cannot be held responsible if personal belongings are left in the rented accommodation when you leave.
(*) In the event that the duration of the stay is less than 72 h 00, the time limit for complaints is exceptionally reduced to 24 h 00.
16 - INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
The information collected by the agent in the context of this lease is processed by computer for the purpose of carrying out the tasks entrusted to the agent. In accordance with the amended French Data Protection Act of 6 January 1978, the parties have the right to access, rectify and delete information concerning them. To exercise these rights, the parties may contact the agency using the contact details given on this site.
The information collected on this site is processed by the company BE MY GUEST LACANAU, 18 Résidence Atlantic Green, 33680 LACANAU, which is responsible for processing requests and reservations.
The collection of customer information is essential for the provision and management of our services. Refusal to consent to the processing of personal data would prevent these services from being carried out.
17 - JURISDICTION
Any dispute shall be subject to the jurisdiction of the courts in the area in which the operator is domiciled. The law governing the sales contract is French law.
Any dispute concerning the purchase and sale operations concluded in application of the General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences and consequences, and which could not be resolved amicably between the vendor and the customer, will be submitted to the competent courts under the conditions of common law.
In the event of a dispute or challenge, only the courts of the BORDEAUX Court of Appeal shall have jurisdiction.
18- CHANGES TO THIS CLAUSE
The website reserves the right to modify this clause relating to the protection of personal data at any time. If a modification is made to the present personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they may delete their account. The Service Provider may modify and/or update these GTC. These modifications will only take effect for the subscription of Services subsequent to the communication of the new GTC, unless this modification results from an obligation imposed by a mandatory law immediately applicable on French territory.
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GENERAL TERMS AND CONDITIONS OF USE
The purpose of these general terms and conditions of use (hereinafter referred to as the "GTCU") is to provide a legal framework for the terms and conditions under which the site and services are made available by BE MY GUEST LACANAU and to define the conditions of access to and use of the services by the "user".
The GCU must be accepted by any user wishing to access the site. They constitute the contract between the site and the user. Access to the site by the user signifies acceptance of these GCU. The user hereby undertakes to comply with these conditions.
In the event of non-acceptance of the GCU stipulated in the present contract, the user must renounce access to the services offered by the site. Authentic Stay reserves the right to unilaterally modify the content of these GCU at any time.
1 - DEFINITIONS
In the context of these GCU, the terms below are defined as follows:
User: this term designates any person who uses the site or one of the services offered by the site.
User Content: this is the data transmitted by the User on the Site.
Member: the User becomes a member when he/she is identified on the site.
User ID and password: this is all the information required to identify a User on the site. The login and password enable the User to access services reserved for members of the site. The password is confidential.
2 - ACCESS TO SERVICES
The site provides the User with free access to the following services:
Information articles Consultation and Publication of comments / personal works; Reservation of online Services The site is accessible free of charge from any location to any User with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) are at the User's expense.
Non-member Users do not have access to services reserved for members. Member Users undertake to provide truthful and accurate information concerning their civil status and contact details, in particular their email address.
To access the services, users must identify themselves using their user name and password, which will be sent to them after registration and which are strictly personal. These are strictly personal and may not be divulged. If they do, they will remain solely responsible for any use made of them.
In the event of non-compliance with the general conditions of use, the BE MY GUEST LACANAU site will have the possibility of suspending or even closing a user's account after formal notice has been sent by electronic means and has remained without effect.
Any deletion of an account, for whatever reason, will result in the pure and simple deletion of all the user's personal information.
BE MY GUEST LACANAU cannot be held responsible for any event due to force majeure resulting in a malfunction of the network or server. The site makes every effort to ensure quality access to its services. As the obligation is one of means, the site does not undertake to achieve this result.
Access to the site's services may be interrupted, suspended or modified at any time without notice for maintenance or any other reason.
The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract.
The User may contact the site by e-mail at contact@bemyguest-lacanau.com.
3 - RESPECT FOR PRIVACY
The site ensures that the User's personal data is collected and processed with respect for privacy in accordance with the French Data Protection Act no. 78-17 of 6 January 1978.
Under the terms of the law dated 6 January 1978, the User has the right to access, rectify, delete and object to his/her personal data. The User may exercise this right:
By accessing their personal space; By using the contact form; By e-mail to contact@bemyguest-lacanau.com; By post to 18 Résidence Atlantic Green, 33680 LACANAU.
4 - COPYRIGHT
Trademarks, logos, signs and all site content (text, images, sound, etc.) are protected by the French Intellectual Property Code and, more specifically, by copyright.
The User must request prior authorisation from the site for any reproduction, publication or copying of the various contents. The User undertakes to use the contents of the site in a strictly private context; any use for commercial purposes is strictly prohibited.
Any total or partial representation of this site by any means whatsoever without the express authorisation of the website operator shall constitute an infringement punishable under article L 335-2 et seq. of the French Intellectual Property Code.
In accordance with article L 122-5 of the French Intellectual Property Code, any user who reproduces, copies or publishes protected content must cite the author and source.
5 - HYPERTEXT LINKS
Numerous outgoing hypertext links are present on the site, however the web pages to which these links lead in no way engage the responsibility of BE MY GUEST LACANAU, which has no control over these links.
The User therefore refrains from holding the site responsible for the content and resources relating to these outgoing hypertext links.
6 - COOKIES
Users are informed that when they visit the site, a cookie may be automatically installed on their browser software.
Cookies are small files stored temporarily on the hard disk of the user's computer by your browser and which are necessary for the user of the BE MY GUEST LACANAU site. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique identifier, generated randomly and therefore anonymous. Some cookies expire at the end of the user's visit, others remain.
The information contained in cookies is used to improve the site, for example by :
Enabling a service to recognise the user's device, so that they do not have to give the same information again and again (example: Filling in a form or survey) Remembering that you the user has already given their username and password, so you don't have to do it again on every new page Monitoring how users use services, to make them easier to use and allocate sufficient power to ensure they are responsive Analysing "Anonymised" data to help understand how users interact with different aspects of online services and therefore enable them to be improved. By browsing the site, the user accepts them.
In the absence of acceptance, the user is informed that certain functions or pages may be refused. Users may deactivate this cookie using the settings in their browser software.
7 - QUALITY AND USE OF INFORMATION
The sources of the information published on the site are reputed to be reliable. However, BE MY GUEST LACANAU reserves the right not to guarantee the reliability of the sources. The information provided on the site is for information purposes only. The User therefore assumes sole responsibility for the use of the information and content of this site.
The site allows members to publish questions in the contact area. In their publications, members undertake to respect the rules of netiquette (rules of good conduct on the Internet) and the rules of law in force.
The site may moderate publications and reserves the right to refuse their publication online, without having to justify this to the member. Members retain full ownership of their intellectual property rights. However, by publishing a publication on the site, the member transfers to the publishing company the non-exclusive right, free of charge, to represent, reproduce, adapt, modify, broadcast and distribute the publication, directly or through an authorised third party, throughout the world, on any medium, for the duration of the intellectual property. In particular, the member grants the right to use his or her publication on the Internet and mobile phone networks. The company undertakes to include the member's name close to each use of its publication.
Any content put online by the User is his/her sole responsibility. The User undertakes not to put any content online that may harm the interests of third parties. Any legal action taken by a third party against the site will be borne by the User. The User's content may be deleted or modified by the site at any time and for any reason, without prior notice.
8 - GUARANTEES AND RESPONSIBILITIES
The sources of the information published on the BE MY GUEST LACANAU site are deemed reliable, but the site does not guarantee that it is free from defects, errors or omissions.
The information provided is given for general guidance only and has no contractual value. Despite regular updates, the BE MY GUEST LACANAU site cannot be held responsible for changes to administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained on this site.
The site may not be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.
9 - APPLICABLE LAW
French law applies to this contract. In the event of failure to resolve a dispute between the parties amicably, only the courts within the jurisdiction of the BORDEAUX Court of Appeal shall have jurisdiction.
