General rental conditions
These conditions apply to every booking of the holiday house, the gîte, or house and gîte together. By making a booking the guest confirms that they have read and accept these general rental conditions.
English translation for information only. The Dutch version of these conditions is the binding text; in the event of any difference in interpretation, the Dutch wording prevails.
Article 1 — Applicability and definitions
These general rental conditions apply to every booking, offer and rental agreement concerning the holiday house, the gîte, or the holiday house and gîte together.
Deviations from these general rental conditions are only valid if they have been confirmed in writing in advance by the owner.
If any provision of these general rental conditions proves to be void, voidable or unenforceable, the remaining provisions remain fully in force. The provision in question will, as far as legally possible, be replaced by a valid provision that comes as close as possible to its purpose and intent.
These general rental conditions form an integral part of the rental agreement.
The rental sum means the agreed rent for the gîte or holiday house, excluding the additional costs referred to in Article 4 and stated on the website before or at the time of booking.
Force majeure means any circumstance beyond the reasonable control of a party as a result of which that party is temporarily or permanently unable to fulfil its obligations under the rental agreement, or cannot do so on time or properly. This includes, among other things, fire, serious water damage, natural disaster, war, serious social disruption, a government measure, an unexpected declaration of uninhabitability, or any other unforeseen circumstance as a result of which the gîte or holiday house cannot be rented out safely or lawfully.
Article 2 — Booking and formation of the rental agreement
A booking is made via the enquiry form on the website. When booking, the guest must provide correct and complete details. An enquiry is not yet a definitive booking: the owner assesses each enquiry personally and must approve it. After approval the guest receives a booking confirmation, usually within 24 hours, with a payment request. Only from that moment is the requested period held as an option for the guest. The rental agreement is formed once the owner has confirmed the booking in writing and the first payment due has been received within the stated period.
The booking confirmation states at least the rental period, the rental sum, the payment conditions and any additional costs.
Article 3 — Rental sum and payment
The rental sum is communicated to the guest before or at the time of booking.
To secure the option definitively and form a rental agreement, the guest must pay a deposit of 15% of the rental sum within 5 days of receiving the booking confirmation. If the deposit is not received on time, no rental agreement is formed and the option lapses automatically. The second instalment of 35% of the rental sum must be paid no later than 3 months before the agreed arrival date.
The remaining amount of 50% of the rental sum, the additional costs and the security deposit must be paid no later than 42 days (6 weeks) before the agreed arrival date.
If the guest makes an enquiry within 6 weeks before the agreed arrival date, the rental sum, the additional costs and the security deposit must be paid within 5 days of receiving the booking confirmation.
If the guest does not pay on time, the owner may give the guest written notice of default. If payment still fails to arrive after this notice of default, the owner may dissolve the agreement in accordance with the applicable statutory rules, without prejudice to any claims for compensation.
Article 4 — Additional costs
In addition to the rental sum, the following compulsory costs apply: tourist tax (€ 3.74 per person per night from the age of 18; children up to and including 17 are exempt), final cleaning (Gîte € 75, holiday house € 150, house and gîte together € 225) and the linen package (€ 15 per person, consisting of made-up beds, towels and a bath/beach towel). Water and energy, including the use of the air conditioning, are included in the rental sum.
Article 5 — Security deposit
A security deposit of € 500 applies for the holiday house, € 250 for the gîte and € 750 for the house and gîte together. The security deposit is refunded within 14 days after the end of the stay, insofar as no set-off is required.
The security deposit serves as security for the fulfilment of the guest's obligations and is not intended as advance payment of the rent.
The owner may use the security deposit in whole or in part for the repair of damage caused by the guest, missing or damaged inventory, extraordinary cleaning costs caused by the guest and/or unpaid costs that are for the guest's account under the rental agreement.
Normal wear and tear and damage resulting from normal use are not for the guest's account. If the damage exceeds the security deposit, the guest remains liable for the excess.
Article 6 — Cancellation by the guest
The guest may cancel the confirmed booking by email. The date on which the cancellation is received by the owner counts as the cancellation date.
In the event of cancellation by the guest, the following cancellation costs are payable:
- for cancellation more than 3 months before the arrival date: 15% of the rental sum;
- for cancellation from 3 months to 6 weeks before the arrival date: 50% of the rental sum;
- for cancellation within 6 weeks before the arrival date, for non-arrival or late arrival, or for early termination of the stay: 100% of the rental sum.
The payment obligations set out in this article are without prejudice to any mandatory provisions of the applicable law.
Amounts already paid by the guest are set off against the cancellation costs due. Insofar as the amounts paid are lower than the cancellation costs due, the guest remains obliged to pay the difference to the owner.
Article 7 — Re-letting after cancellation
If the guest cancels and the owner succeeds in re-letting the holiday accommodation (in whole or in part) for the same period to a third party, the owner will reasonably deduct the net rental sum actually received from that new letting from the cancellation costs due.
Net rental sum means the amount the owner actually receives from the new letting, less costs directly related to that new letting, including any brokerage, advertising or transaction costs.
The owner is not obliged to accept a new guest at a lower rental price solely in order to release the original guest from their payment obligations.
Article 8 — Cancellation by the owner
The owner may cancel by email if there is a circumstance as a result of which the owner cannot reasonably be expected to make the accommodation available during the agreed rental period.
This is in any case the case if a situation of force majeure occurs. The owner may also cancel if another serious and unforeseen circumstance occurs that lies beyond the owner's reasonable sphere of influence and as a result of which performance of the rental agreement cannot reasonably be expected of the owner.
If the booking is cancelled due to force majeure or another circumstance referred to in this article, the amounts already paid by the guest in respect of the unused rental period are refunded to the guest. In that case the owner is, insofar as permitted by law, not obliged to pay any additional compensation, including costs for transport, replacement accommodation, travel insurance or other consequential loss.
If the cancellation is not the result of force majeure or another serious circumstance referred to in this article, but solely the result of a choice or action of the owner, this provision does not apply. In that case the guest retains their statutory rights.
Article 9 — Arrival and departure
Arrival is possible from 4:00 p.m., departure before 10:00 a.m. Different times only by arrangement and where possible.
Article 10 — Number of persons
The maximum number of persons is 8 for the holiday house, 2 for the gîte and 10 for the house and gîte together. The accommodation may not be used by more persons than the maximum stated in the booking confirmation. Extra guests or overnight stays are only permitted with the prior written consent of the owner. Parties or events are not permitted. If the maximum number of persons is exceeded, the owner may refuse access to the accommodation or require persons to leave.
Article 11 — House rules
- Smoking is not allowed indoors; smoking outside is fine.
- Open fire is not permitted (fire safety).
- Report damage, defects or complaints within 24 hours of discovery, in accordance with Article 14.
- Do not put anything into toilets, sinks or drains that may cause a blockage.
- Leave the barbecue clean; cleaning it is not part of the final cleaning.
- Charging electric cars is only permitted via the charging point provided; it is not permitted to charge the electric car in any other way. Any resulting costs will be recovered from the guest.
- For maintenance, a member of staff may enter the Domaine; the owner announces this in advance.
- Free wifi is available. In exceptional circumstances (such as bad weather or a provider outage) the connection may be temporarily disrupted.
- Camping (tents/campervans) on the grounds is not permitted.
- Dogs and cats are welcome. A maximum of 2 in the holiday house, a maximum of 1 in the gîte, and a maximum of 2 in total when the holiday house and gîte are booked together.
- Please respect the peace and quiet of the immediate surroundings. Amplified music outside is not permitted after 11:00 p.m.
- Please leave the accommodation tidy and clean.
Article 12 — Swimming pool
The pool is fitted with a safety cover in accordance with French law. Use of the pool is entirely at your own risk. Always supervise children and anyone who cannot swim. Close the cover when the pool is not in use. Dogs and cats are not allowed in the pool.
Article 13 — Damage and liability of the guest
The guest is liable for damage that occurs during the rental period to the accommodation, the inventory or other property of the owner and that is caused by the guest, their fellow travellers or third parties admitted by them.
The guest must report damage to the owner immediately.
It is not permitted to carry out repairs or alterations to the accommodation without the owner's consent.
During the stay the guest is responsible for careful use of the accommodation and for compliance with reasonable safety instructions.
Article 14 — Complaints
The guest is obliged to report damage, defects and complaints orally or in writing within 24 hours of their being discovered or reasonably having to be discovered, so that guest and owner can look for a solution together. The guest must report in writing, no later than 14 days after departure, any complaint already reported orally that could not be resolved on site.
Article 15 — Insurance
The owner advises the guest to take out appropriate travel, cancellation and liability insurance.
Article 16 — Liability of the owner
The owner is only liable for damage suffered by the guest that is the direct result of a failure attributable to the owner in the performance of the rental agreement, and such liability is limited to the amount of the rental sum agreed for the relevant rental period.
The owner is not liable for indirect or consequential loss, including loss of holiday enjoyment, lost income, travel and transport costs, costs of replacement accommodation, loss of reservations, loss of use or other financial or non-material consequential loss.
The limitation of liability set out in this article does not apply insofar as the damage is the result of intent or an equivalent serious fault on the part of the owner, nor to liability the limitation or exclusion of which is not permitted under mandatory French law.
Nor is the owner liable for damage resulting from circumstances that lie reasonably beyond its sphere of influence, including force majeure.
Article 17 — No right of withdrawal
The guest has no general right to withdraw from the agreement within 14 days without giving reasons.
Article 18 — Personal data
Controller
The owner is responsible for the processing of personal data in the context of the rental of the gîte and the holiday house in France.
Which personal data are processed
The owner only processes personal data that are necessary for the booking and performance of the rental agreement, such as name, address, email address, telephone number, stay details and payment details.
Purposes of the processing
The personal data are used for:
- processing and confirming bookings;
- concluding and performing the rental agreement;
- communicating with the guest about the booking and the stay;
- processing payments and administration;
- complying with legal obligations;
- handling questions, complaints and any disputes.
Legal basis
The processing takes place insofar as this is necessary for the performance of the rental agreement, to comply with legal obligations or on the basis of a legitimate interest of the owner. Where consent is required, it is requested separately.
Disclosure to third parties
The personal data are not sold or provided to third parties for commercial purposes. Data may only be provided to third parties where this is necessary for the performance of the rental agreement, for example to a payment service provider, administrator, caretaker or maintenance service, or where this is legally required.
Retention period
Personal data are not kept longer than necessary for the purposes for which they were collected, unless a statutory retention obligation or a legitimate interest, such as establishing or defending a legal claim, requires a longer retention period.
Security
The owner takes appropriate technical and organisational measures to protect personal data against loss, unauthorised access and other forms of unlawful processing.
Rights of the guest
The guest has, insofar as the GDPR provides for this, the right to access, rectification, erasure and restriction of the processing of their personal data. The guest may also, depending on the circumstances, object to the processing and has the right to data portability. A request can be submitted via the owner's contact details.
Complaint
The guest has the right to lodge a complaint with the competent supervisory authority if they believe that their personal data are not being processed in accordance with the applicable privacy legislation. In the Netherlands this is the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). Depending on the circumstances, the French supervisory authority, the CNIL, may also be competent.
Article 19 — Applicable law
French law applies to the rental agreement, these general conditions and the legal relationships arising from them.
The choice of French law is without prejudice to mandatory provisions applicable under relevant European or other regulations.
Insofar as French law contains specific rules for the rental of a meublé de tourisme, these rules are observed.
Article 20 — Disputes
Guest and owner will make every effort first to resolve any dispute by mutual consultation.
If a dispute cannot be resolved amicably, it will be submitted to the court that has jurisdiction under the applicable rules of international and French procedural law.
Article 21 — Language
These general rental conditions have been drawn up in Dutch.
If a French, German or other translation is provided, it is intended to enable the guest to understand the content of the agreement clearly in their own language.
The Dutch version constitutes the original contract text and prevails in the event of any differences between the Dutch text and a translation, insofar as this is legally valid under the applicable law. If a difference is the result of a translation error or an obvious mistake, the parties will endeavour to interpret the provision in accordance with their common intention at the time of concluding the rental agreement.