1.1 South France Villas Limited (a company registered in England and Wales under number 4334670, whose registered office is at 2 Villiers Court, 40 Upper Mulgrave Road, Cheam, Surrey SM2 7AJ) ('we/our/us') act as agents for the owners of the accommodation ('Owner(s)').
1.2 Reference made to 'you/your' in these Booking Conditions means all members of the party named on the Booking Form including anyone who is added or substituted at a later date. To make a booking you must be at least 18 years old and able to create a legally binding contract. You undertake that all details you provide to us for the purpose of the booking are accurate.
2: HOW TO BOOK A PROPERTY
2.1 We act as booking agent for property owners whose properties are featured on our Website. Although we are responsible for processing bookings made through us using the Booking Form, your contract for the letting of the property is with the Owner of the property and governed by the terms of the Rental Contract that will be forwarded to you upon checking of availability of the property, as set out below.
2.1.1 Weddings: Where you book a property in connection with a wedding, either as a wedding venue or as accommodation for you and/or your guests, additional terms and conditions apply as set out in the Wedding Booking Terms as set out at the bottom of these Booking Conditions.
2.1.2 Ski Chalets: Where you book a property that is booked as a ski chalet and such property is provided with catering or other additional services, the terms of such provision is governed by the Rental Contract with the property Owner. If any other additional services are required by you, such as a ski instructor, such services are arranged and booked by the property Owner as agent for the ski instructor or other services supplier. We shall not be responsible for resourcing any ski instructor or other additional services supplier nor shall we be liable to you for any act or omission of any ski instructor or other services supplier.
2.2 Availability: Once you have found the property that you like and wish to book, you will need to check the availability of the property for the period of time you wish to rent the property. We keep the availability chart of properties on the Website up-to-date on a daily basis, but you must contact us before making a booking to obtain confirmation of availability. We will confirm by email whether the dates you want are available within 48 hours of receipt of your request.
2.3 Provisional Reservation: If the requested dates are available, a provisional reservation will be made with the Owner of your requested property on your behalf. If there are any specific questions about the property that you wish to ask and that are important to you, e.g. suitability for the elderly or very young children, allergies, whether or not a late arrival time can be arranged at your property of choice, etc, then you must let us know when you check availability so that we can raise these enquiries with the Owner and so you can make an informed decision on whether to continue with your booking with us prior to entering into the contract with the Owner for the letting of the property.
- A provisional reservation of a property with an Owner does not constitute a binding contract and no party will be bound by it.
- If you decide not to proceed with a provisional reservation, then please notify us by telephone or email as soon as possible. If you decide to proceed with your booking, then you must follow the procedure outlined below.
3: BOOKING CONDITIONS
3.1 Once we confirm availability of the dates that you have requested and make a provisional reservation on your behalf, we will email you:
- Booking Form for your completion and signature; and
- Full payment details for your booking.
3.2 Should you wish to proceed with the booking, you must then send to us the following within 5 days from the date of receiving confirmation from us regarding availability:
- a signed and completed Booking Form by post/email/fax. The Booking Form confirms the details of your booking and the details of all relevant parties included in the booking who will be staying at the property; and
- the deposit as set out below.
3.3 We will acknowledge receipt of the Booking Form and deposit by email.
3.4 The provisional reservation will automatically expire 5 days from the date of receiving confirmation from us regarding availability of the property. If your Booking Form and deposit are not received within this 5-day period, we cannot guarantee that your booking will be accepted.
3.6 Receipt of a signed and completed Booking Form together with the deposit constitutes an offer to the Owner for the rental of the property as set out in the Booking Form and subject to the Rental Contract. A binding contract will come into effect when a signed and completed Booking Form has been submitted to us by you, together with payment of the deposit or total payment and we have accepted the booking and issued you with a Receipt of Payment. We will process the deposit or total payment and issue you with a Receipt of Payment immediately on our acceptance of the booking and receipt of cleared funds. The Receipt of Payment will be sent to the member of the party who signs the Booking Form ('Party Leader'). You must check this receipt carefully as soon as you receive it and contact us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later.
3.7 The Party Leader, by signing the Booking Form, certifies that he/she is over 18 years of age and is authorised to:
- make the booking detailed in the Booking Form; on behalf of himself/herself and every member of the party named on the Booking Form including those members that are added or substituted at a later date. Bookings cannot be accepted from parties of young people who are less than 18 years of age.
4.1 Should you wish to proceed with a booking, a non-refundable deposit of 30% of the total booking price as notified to you in writing by us at the time of forwarding the Booking Form and Rental Contract, must be paid to us when returning the signed Booking Form within 5 days from the date of receiving confirmation from us regarding availability.
4.2 Once we receive payment for the deposit in cleared funds from you, we will forward the deposit (less our commission) to the Owner of the property being rented to you.
4.3 The balance of 70% of the total booking price is due 8 weeks before your arrival date at the property, the date of which will be shown on your Receipt of Payment, and is payable to us. We and the Owner reserve the right to treat your booking as cancelled if you fail to pay the balance on time and we may apply the cancellation charges set out in clause 6.
4.4 Once we receive payment for the balance in cleared funds from you , we will forward the balance to the Owner (less our commission) of the property being rented to you.
4.5 Subject to clause 4.6 below, for bookings made less than 8 weeks before the arrival date at the property, the deposit and the balance are payable at the time of booking. You must pay the total booking price of the property at that time to secure the booking.
4.6 Some properties have different arrangements for payment of the deposit and balance. If applicable, this will be explained to you at the time of booking.
4.7 We accept payment by non-UK residents in € Euros by bank-to-bank transfer. We cannot accept cheques, nor can we accept payments in $US Dollars.
4.8 We accept payment by UK residents by bank-to-bank transfer, or cheque counter-credit at any UK branch of Barclays Bank. We also accept payment by debit/credit card in £ GB Pounds Sterling, however please note that payment by credit card and international debit card incurs a 2.5% service charge for Visa and Mastercard and for Amex 3.5% on your booking price. Payment by UK debit card is exempt from this service charge.
4.9 We accept the following payment cards:
5.1 Prices are quoted in ‘€ Euros per week’ (or in some cases 'GB£Sterling per week') and are exclusive of any applicable Value Added Tax, or any other levy or charge that may be applicable.
5.2 If paying in £GB Pounds Sterling the rate of exchange will be supplied to you and will be based upon the prevailing rate at that time.
5.3 Our price is for accommodation only, with some inclusive services connected to the property (if applicable) which are noted on each property and in the additional documents sent through with the Booking Form and the Rental Contract. The prices are for one week, for the whole property (not price per person), as notified to you in writing by us at the time of forwarding the Booking Form and Rental Contract. Telephone, electricity, heating, bedlinen, and housework, may not be included in the booking price and details of this will be set out in the Booking Form and in the Rental Contract. Any additional charges (eg. Breakages Deposit at clause 11) must be paid directly to the Owner or his representative upon arrival unless otherwise stated in the Rental Contract.
5.4 Any prices quoted are subject to change prior to booking and you will be advised of the current total booking price of the villa that you wish to book before the contract is confirmed by the Receipt of Payment.
5.5 There is no telephone (or land-line for internet) provided unless otherwise stated. For properties with "telephone available on request" an additional cash deposit will be required upon arrival, as set out in the Rental Contract.
6: CANCELLATION BY YOU
6.1 In the event of cancellation by you, cancellation charges will be imposed as detailed below.
6.2 Any cancellation by you (for whatever reason) must be in writing (including email or fax). Such notification must be signed by the Party Leader and sent to us, which we will then forward to the Owner directly. The cancellation charge will be calculated from the day written notification is received by us. We take no responsibility for non-delivery or non-receipt of the notification of cancellation from you.
6.3 If you cancel 8 weeks or more prior to your arrival date at the property, you will only lose your deposit. It is therefore important that you take out adequate holiday insurance. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim the loss of your deposit from your insurance company, however such claims must be made direct to the insurance company concerned and do not affect the terms of these Booking Conditions. It is your responsibility to ensure that you have the requisite insurance policies in place.
6.4 If you cancel less than 8 weeks prior to the arrival date at the property and after the full amount of the booking price has been paid, the Owner will refund you directly in the manner set out in the terms and conditions of the Rental Contract. The amount to be refunded will be in accordance with the following sliding scale:
|No. of days before start of holiday that written
notice of cancellation is received by us.
|Amount forfeited as % of total rent|
|Before 56 days / 8 weeks||the 30% deposit|
|42 to 56 days (6 to 8 weeks)||30% deposit + 35% = 65%|
|28 to 41 days (inclusive) (4 to 6 weeks)||30% deposit + 50% = 80%|
|less than 28 days (4 weeks)||100 %|
7: ALTERATIONS BY YOU
7.1 If after we have issued a Receipt of Payment to you, and up to 8 weeks prior to your arrival date at the property you wish to alter your booking in any way, please let us know immediately. We will endeavour to make these changes however it may not always be possible. Any requests for changes to be made to the booking must be sent in writing to us and signed by the Party Leader. Changes are subject to availability.
7.2 You will be asked to pay an administration charge of €75 Euros per member of the party plus any further cost we incur in making an alteration. We will notify you of any proposed administration charge at the time you request the required changes to your booking. If you subsequently cancel the booking to which you have transferred, the cancellation charges in clause 6 will apply.
7.3 If the change made results in an increase in the cost of the booking price and the change is made prior to 8 weeks before your arrival date at the property, there will be an increase in the balance payment payable 8 weeks before your arrival date at the property.
7.4 Any change made less than 8 weeks before your arrival date at the property will be treated as a cancellation of the booking, to which the cancellation charges set out in clause 6 will apply, and rebooking will be required. If the rebooking occurs less than 8 weeks before your arrival date at the property, the full price of the holiday will be payable at the time of rebooking.
7.5 If you are prevented from travelling to the property you booked by genuine circumstances (i.e. insurable risks or other circumstances beyond your control), you may transfer your booking to another person provided they meet all the requirements relating to that booking, that the booking arrangements remain the same and subject always to the Owner relating to the property booked agreeing to accept the name change. If the Owner relating to the property booked does not accept a transfer of the name to another person, then such request to transfer will be deemed to be a cancellation of the booking and will be subject to the cancellation charges set out in clause 6. You must provide proof of why you are unable to travel at the time you request to transfer your booking. The booking cannot be transferred with 28 days of your arrival date at the property. If the transfer is allowed, then an administration charge of €75 Euros (plus any extra charges levied by the Owner) will apply.
7.6 Bookings may not be transferred to another person in any other circumstance. In the event of you transferring your booking to another person, you are jointly and severally liable for payment of the booking price and other associated expenses. The person to whom the booking is transferred must agree to be bound by these Booking Conditions and will be required to complete a Booking Form.
8: CANCELLATION BY THE OWNER
8.1 We may have to make changes to your booking and reserve the right to do so at any time. Such changes may be minor, and we will inform you of them as soon as reasonably possible. If we make a major change to your booking, we will inform you as soon as reasonably possible if there is time before your departure and you will then have the choice of either accepting the change to your booking, alternative accommodation of comparable standard if available, or cancelling your booking and receiving a full refund of all monies paid to us. We reserve the right to cancel a booking in any circumstances or if you do not pay the balance of the booking price in accordance with these Booking Conditions.
8.2 We will endeavour not to cancel your booking less than 8 weeks prior to arrival unless there are circumstances beyond our control, these can include but not limited to:-
- reasons of force majeure making the booking impossible, these can include (but not limited to) Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster, threat of war or preparation for war, armed conflict, imposition of sanctions, embargo, breaking of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, nuclear, chemical or biological contamination or sonic boom, mandatory compliance with any law, fire, explosion or accidental damage, loss at sea, adverse weather conditions, epidemics, or health risks, any labour dispute, including but not limited to strikes, industrial action or lockouts, interruption or failure of utility service, including but not limited to electric power, gas or water, collapse of building structure, failure of equipment or machinery, computers, or vehicles, technical or maintenance problems with transport, non-performance by supplier or subcontractor, or other similar events beyond our control; or
- you do not pay the balance of the booking price in accordance with these Booking Conditions.
8.3 We will not pay compensation in addition to your refund if we are forced to cancel or change your booking.
9.1 Many Owners will only accept bookings for a minimum of two weeks (especially in July and August). A supplement may be added for bookings of single or an odd number of weeks. Any such additional supplements will be detailed in the Booking Form and Rental Contract and additional information relating to the property.
9.2 Properties are let fully furnished and equipped. Additional services are clearly stated in the individual property description attached to the Rental Contract.
9.3 We and/or the Owner reserve the right to make changes to and correct errors in advertised prices for the rental of the property at any time before your booking is confirmed. We will advise you of any error of which we are aware of at the time of booking.
10: ARRIVAL & DEPARTURE
10.1 Change-over days for properties are on a Saturday unless otherwise stated.
10.2 The property you have booked will be available to you at the times detailed in the Rental Contract on your arrival date at the property and until 10am on the day of your departure, unless otherwise stated. If you are unable to arrive by 5pm or wish to arrive earlier than the time detailed in the Rental Contract to drop-off baggage while you go out until the arrival time, please notify the Owner beforehand. If you are delayed en route, you must telephone the Owner or keyholder noted on the directions sheet you will receive upon payment and with your Receipt of Payment, to let them know your expected time of arrival. If you arrive at an unreasonable hour without notification and are unable to gain access to the property, neither we nor the Owner can be held responsible for any cost incurred for alternative overnight accommodation.
10.3 For some properties, a very late arrival time (i.e. later than 7pm) will never be possible to arrange even if the Owners or keyholders are given warning. (One property, for example, the keyholder is an estate agent, whose offices close at 7pm). In some cases, the keyholder does not live close to the property, and if they need to come out to welcome you after a certain time (i.e. 8pm) there will be a supplementary charge to pay them. This will be notified to you at the time of booking.
10.4 If the only available flights mean that you can not arrive at a reasonable time, you must tell us so at the time of booking. We will then advise you as to which properties allow for the arrangement of very late arrivals and which do not. If late arrivals are not possible at your chosen property, you will have to arrange stay at a hotel or B&B for your first night at your expense, and arrive at the property the following morning at an agreed time.
11: BREAKAGES DEPOSIT
11.1 The Breakages Deposit is required to cover the cost of any damages or breakages to, or at the property, and the cost of any additional cleaning, the cost of telephone and/or other services/utilities that are not included in the booking price. Some properties may have inventories of furniture, etc, therefore you should check this at the beginning of your stay at the property and you should check this again before you leave at the end of your stay to ensure that all things on the inventory at the beginning of your stay are left as described in the inventory at the end of your stay.
11.2 The Owner or his representative will ask for a Breakages Deposit. The method of payment and terms of breakages return is detailed in the Rental Contract.
11.3 Depending on the terms of the Rental Contract, it may take up to 8 weeks after your departure from the property to return any Breakages Deposit to you. Delays can be caused whilst waiting for utility bills or proof of damage. No calls will be made to the Owner to speed up the receipt of utility bills until 4 weeks after the date of your return from the property. In the event that the Rental Contract allows you to collect your Breakages Deposit on the day of your departure, please notify the Owner or keyholder if you want to leave before 10am on the day of departure, so they can return your Breakages Deposit if it was taken in cash and is to be returned the day of departure. If you leave early without giving notification at least 3 days in advance, any banking charges incurred by the Owner when returning your deposit will be deducted from your Breakages Deposit.
11.4 The cost of utilities and/or other services used by you or any damage caused by you will be deducted from the Breakages Deposit and the remaining balance will be returned to you. If the Breakages Deposit paid by you is not sufficient to cover the cost of such utilities and/or services or damage, the Owner is entitled to recover any additional costs from you.
11.5 Some damages may not be immediately obvious to the Owner upon your departure. The Owner reserves the right to charge you for any damage noted in the property after your departure.
11.6 The Owners reserve the right to hold the Breakages Deposit for longer than 8 weeks if there is a dispute over damage, or if they are awaiting bills/proof of damage.
11.7 Any complaint regarding the retention of your Breakages Deposit should be addressed directly to the Owner. We cannot accept any responsibility or enter into any negotiations regarding this aspect of your contract with the Owner.
12: PAYMENT OF ANY EXTRA CHARGES
"Taxe de séjour" is a local government tax imposed on all tourists (including French tourists) levied by the local 'mairie' to help fund tourist information leaflets, publicity for local fêtes and so on. The tax can vary from €2 Euros per person per week to €1 Euro per person per day depending on the area. All Owners are obliged to comply with this law. Further information concerning the exact amounts to pay is available on request.
13: YOUR RESPONSIBILITIES (PERSONAL LIABILITY INSURANCE/THIRD PARTY INSURANCE)
13.1 You must keep the property and all furniture, fittings, facilities, equipment and grounds in the same state of repair and condition as at the commencement of your stay at the property, and in the same state of cleanliness and general order in which it was found. You will be responsible for the payment of any breakages, loss or damage to the property caused by you.
13.2 You must take out adequate insurance to cover any such losses as set out in clause 13.1. The Owner reserves the right to make deductions from the Breakages Deposit for any extra cleaning required that exceeds the number of hours committed to standard ‘end of stay’ cleaning, and to claim against you for the cost of damage or loss which exceeds the Breakages Deposit.
13.3 Should you or other members of your party or guests cause any damage to the property, its contents, grounds, or any third party, then you will be deemed responsible for such damage. The Owners have house insurance, but under French Law the tenant shares a measure of responsibility for the property and its contents during the rental period. You must therefore ensure that your personal insurance offers a high degree of personal/third liability party cover (typically up to €3,000,000 Euros (approximately £2,000,000 GB Pounds Sterling) or equivalent). You must take a copy of your insurance certificate with you, as the Owner or their representative is entitled to see the certificate before allowing you possession of the property. Residents of some countries (eg. Germany and the Netherlands), may already have personal/third party liability cover as part of their own home insurance policy. In other countries, such as the UK, this is not usually the case, so UK residents will almost certainly require a comprehensive travel insurance policy.
13.4 Non-EU residents (i.e. USA) should check with their own home insurer to see if they are covered for personal/third party liability when they are travelling abroad.
13.5 Only the Party Leader needs to be covered for personal liability so long as they accept responsibility for the actions of all other members of the party. We would still advise all members of the party to have travel insurance to cover them for baggage loss, health & emergency repatriation, cancellation through ill-health or bereavement in any event.
13.6 All the properties are cleaned before letting, however you are responsible for keeping and leaving the property, including the grounds, in a tidy condition. You are not expected to hoover and/or mop everywhere, but as a minimum you are expected to leave bathroom appliances and the kitchen (all tableware, utensils and appliances like the oven and fridge) completely clean, and not to leave litter in the garden.
13.7 Some Owners include 'end-of-stay' cleaning by a professional cleaner in the booking price, but most ask for a fee in cash. If the house is left in an unacceptable condition (i.e. dirty kitchen appliances and crockery), the owner may withhold further monies from your Breakages Deposit (based on a guide figure of €10-€20 Euros per hour extra cleaning) over and above the normal 'end-of-stay' cleaning fee. Maid service during your stay is often available at extra charge - please see the Rental Contract and additional information for each property.
13.8 You are responsible at all times for the safety and behaviour of your children, especially with regard to swimming pool safety. Even if the pool area is fenced or has an alarm, accidents can and do happen. Young children must not be allowed to wander unaccompanied in the grounds of any property where there is a swimming pool. For information about additional safety devices available on the market i.e. "Turtle armbands", which sound an alarm the second they get wet, please visit: www.Saferpools.com.
14: NUMBER OF PEOPLE USING THE PROPERTY
14.1 The maximum number of occupants for each property is indicated in the additional property description and Rental Contract and must not be exceeded under any circumstances. In the event of failure to comply with this provision, the Owner shall be entitled to ask you to leave the property without refund of monies paid or any other liability to you. This applies to the number of day-time occupants as well as to the number of people sleeping there. It is not acceptable to have more people coming regularly to use the property. A pro rata sum will automatically be deducted from your Breakages Deposit for any additional adults/children.
14.2 The parking of caravans/pitching of tents at the property is strictly forbidden.
15.1 The Party Leader is responsible for the correct and decent behaviour of each member of the party and will indemnify us and the Owner against any loss or damage caused by you or any member of your party. Should you or a member of the party not behave in an acceptable manner, the Owner may use their absolute discretion to terminate the holiday of the person(s) concerned and/or the Rental Contract applicable to the property. In this situation, the person(s) concerned will be required to leave the accommodation. Neither we nor the Owner will have any further responsibility toward such person(s). No refunds will be made and neither we nor the Owner will pay any expenses or costs incurred as a result of the termination.
15.2 The Owner is also entitled to ask you to leave the property without any refund if, in their reasonable opinion, your behaviour is unacceptable (i.e. drunken or loutish behaviour).
The Owner or their representative shall be allowed access to inspect the property prior to your departure. They also have a right to access the property during your stay to carry out urgent maintenance. Gardeners and pool maintenance staff enter the grounds during your stay, normally very early in the morning.
17: ADDITIONAL SERVICES AT THE PROPERTY
Some additional services at the property are included in the booking price. However, if they are not included and you would like us to book these services, please give us as much notice as possible. Please note however that we do not take any commission, nor do we act as agent in respect of these services. Any contract you enter into for these services is with the supplier of the services concerned. We cannot accept responsibility for these services. Payment for these services is normally made on location, although some suppliers may require a deposit to be paid prior to departure for items such as food. Where the supplier asks us to collect and pass on such deposits to them this does not give rise to any liability on our part for these services.
18.1 Linen is not always included. Linen is not automatically changed once a week. If you require linen changes you should request this at the time of booking or your arrival. Please note that there is usually an additional cost for this. Beds are not automatically made before your arrival. If this is an issue please make sure that you request the beds to be made on your booking form.
18.2 Beach and pool towels are never provided (unless otherwise stated) and therefore you should take towels with you.
18.3 We recommend that you take your own cot linen and cot for your baby’s comfort. If you do not wish to take your own, please check that cot and cot linen is provided prior to booking.
19: SWIMMING POOLS AND GYMS
19.1 Swimming pools are not normally open all year round. If your rental period is outside July & August, please check with us that the pool is open, filled and ready for use for the period that you wish to stay at the property. We cannot be responsible for low water temperatures or any problems with any swimming pools and gyms at any period. It should be noted that the condition of swimming pools is subject to variations in the weather and therefore no guarantee can be given to the status of the pool on any particular day.
19.2 If pool heating is required this may be possible, depending on the pool itself at the property. If applicable, there will be an extra charge, which will be deducted from the Breakages Deposit or charged on departure. Pool temperatures are dependent upon external weather conditions and cannot be guaranteed.
19.3 Please note that swimming pools carry their own inherent risks. Upon arrival at the property you and all members of your party must take time to familiarise yourselves with the location, layout, and depths of any swimming pool(s) at the property. Please take note of any pool warning signs, depth markings and other instructions for use, which may be displayed. Young children must not be allowed to wander unaccompanied in the grounds of any property where there is a swimming pool.
19.4 You must ensure that all members of the party are familiar with any pool protection in place. You are fully responsible for ensuring that the alarm/fence or cover is in place at all times when the pool is not in use.
19.5 Any gyms are used at the sole discretion of the party. Children under 16 are forbidden to enter and use a gym.
20: SOCIAL EVENTS AND OTHER FUNCTIONS
If you intend to organise a function (i.e. party, wedding, cocktail party) at the property, you must seek prior written permission from us and the Owner. Additional charges and/or an increased security deposit may be sought from you if you wish to organise such a function, at the Owner’s discretion.
21: SECURITY AND VALUABLES
Any valuables left at the property are left at your own risk. Neither we nor the Owner are responsible for any loss. When provided, burglar alarms must be activated, safely used and proper care be taken against theft and burglary. It is essential and your responsibility to ensure all doors, shutters, windows are closed and locked when leaving the property, or when by the poolside/in the grounds. No refund can be given should you decide to vacate the property as a consequence of a burglary.
22: TRANSPORT SUPPLIERS
22.1 We are not responsible for arranging your transport to and from the property, however we can assist in notifying you of companies who can organise car hire, euro tunnel and ferry crossings. (We do not work in conjunction with flight companies). Payment and contracts for these services are paid directly to the provider and do not form any part of your agreement with us under these Booking Conditions or with the Owner under the Rental Contract. We are not liable for any services provided by a third party.
22.2 We do not take a commission for notifying you of such companies nor do we act as agent on their behalf. We cannot accept any responsibility for any problems arising out of any transport services. Any contract you enter into for transport services is with the supplier of the services concerned. Notifying you of any transport suppliers by us or other service you book does not mean however that we have sold you a 'package' or that we are an 'organiser' of packages as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992 ('Package Travel Regulations').
23: DESCRIPTIONS AND INFORMATION
23.1 While we make every effort to ensure the descriptions and photographs of properties supplied by Owners are accurately reproduced on our Website, we cannot accept responsibility for any descriptions or photographs which contain inaccurate, incomplete or misleading information or errors and which have been supplied by the Owner. You must accept that minor differences between the photograph/illustration/text used and the actual property may arise. Where we state that we have personally inspected the property(ies), this is to ensure that they are of the general standard of property we wish to include on our Website and it is your responsibility to ensure that the property is suitable in all respects for your needs or those of your party.
23.2 We do not accept responsibility for any descriptions which contain inaccurate, incomplete or misleading information or contain errors and which have been supplied by us (as opposed to the Owner), except where this arises out of our negligence, or by any fraudulent misrepresentations, or that of any of our employees (providing they were at the time acting within the course of their employment). You must accept that minor differences between the photographs/text used and the actual property may arise.
23.3 Owners reserve the right to make modifications to the property specification and the visual aspects of the property. This may include any aspects of change, including the continual improvement of the property by Owners and the alteration of furniture, amenities, facilities, or any part of any activities, either advertised or previously available, without any prior notice.
23.4 If we become aware of material changes after your booking has been confirmed we will advise you of these as soon as practicable prior to your departure.
23.5 Distances given on the Website relating to properties are approximate. Times for travelling given on the Website are also approximate and are based on driving, not walking.
24.1 Pets are not allowed at properties, unless stated in the details of the properties and with the explicit written permission of the Owner. The Owner reserves the right to charge a supplement, and/or increase the Breakages Deposit for the property if they see fit. The number of any allowed pets must be agreed prior to your booking.
24.2 If you do not inform us of any pets, the Owner reserves the absolute right to request either the pet is placed in kennels in France for the duration of your stay, or you be removed from the property without refund or compensation.
25.1 On arrival, should you find any fundamental discrepancy between the description provided on the Website and the property itself, or that any of the amenities listed in the property description are damaged or broken, or if you have any other cause for concern (i.e. issues of safety) please bring it to the Owner's or his representative’s attention immediately so that they can resolve the problem, but also so that you are not blamed for any damage that may have been caused by previous tenants. All complaints must be made directly to the Owner in writing, as well as verbally, with a copy to us.
25.2 If you are unable to contact the Owner or his representative, please contact us. You must give the Owner the opportunity to try to resolve any problems or complaints you may have whilst you are at the property. Failure to inform relevant people of any issues as soon as possible may result in the Owner’s ability to resolve the matter or your ability to make any claim, being extinguished or at least reduced. Any refusal of reasonable rectification may also prejudice your rights to compensation or repayment. Please note that the Owner may need time to make arrangements.
25.3 Owners/keyholders/repair people must be given access to the property if you have a problem. We reserve the right to contact the Owner/key holder/other supplier at any time during this process, and you must agree to meet with the Owner/key holder directly to discuss any situation which may arise.
25.4 Complaints received at the end of the holiday will be processed, but there is no guarantee that your complaint will be upheld if there has been no attempt by you to try and resolve any issues which you wish to complain about whilst you are at the property and in accordance with this clause 25.
25.5 We will not become directly involved in any disputes between the property Owner and you, but may be called upon as an independent arbiter if necessary. We do not want to have dissatisfied customers and consider it part of our service to try to put right any complaints you may have. We will endeavour to act as intermediary in the case of disputes, but we do not accept any responsibility for them or the outcome of them.
25.6 If the problem was not resolved to your reasonable satisfaction during your holiday, you should put your comments in writing to us within 7 days of your return, giving your booking reference and all other relevant information and details of how you attempted to resolve matters whilst on holiday in accordance with this clause 25. We will forward your written complaint to the Owner and will, within reason, liaise with the Owner to assist in reaching a satisfactory settlement for all justifiable complaints regarding the property you may have. However, it is your responsibility to take the complaint up with the Owner directly if no satisfactory settlement can be reached.
26. OUR LIABILITY AND THAT OF THE OWNER
26.1 As we act only as agent for the Owner we cannot accept any liability for any act(s) or omission(s) of the Owner or anyone representing, or employed by, the Owner. Further, we cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owners. If you have any complaints regarding any services we provide (as opposed to any provided by the Owner), you must inform us immediately in writing and in any event within 7 days of the end of any arrangements booked through us. We regret we cannot accept any liability if we are not so notified. Our maximum liability to you if we are found to be at fault in relation to any service we provide (as opposed to any service provided by any third party such as an Owner for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question.
26.2 Nothing in these Booking Conditions excludes or limits our liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment, or for fraudulent misrepresentation.
26.3 The description of the rental property and facilities at a property are based on the information provided to us by the Owner, who certifies that the information provided is correct. We may not be held liable for any fault on the part of the Owner in this regard, or for any changes affecting the rental property or its surroundings which have not been brought to our attention by the Owner before you occupy the property. Our role is limited to acting as a bookings agent and we shall not be liable as a result of any act by the Owner or you in this regard.
26.4 Neither we nor the Owner can be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond the Owner’s control. In the event that a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will contact you to inform you of the disturbance.
26.5 We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming pool filtration systems, nor for the failure of public utilities such as water, gas and electricity. If you encounter problems with such equipment whilst you are at the property, then you should contact the Owner once you encounter such problems in order to provide the Owner with the opportunity to try and rectify any faults.
26.6 Neither we nor the Owner can be held responsible for disruption of local services beyond our or their control, for example water supply, electricity, wi-fi and telephone, nor for temporary noise nuisance such as road works.
26.7 Neither we nor the Owner can accept liability in any circumstances where performance of the contract is prevented by reason of circumstances beyond our or their reasonable control, such as circumstances of ‘force majeure’ as set out in clause 8. Swimming pools and gardens do have to be maintained and this may occur during your stay without notice. Notice of fêtes, festivals and local celebrations or events is not automatically given and may result in increased levels of traffic and subsequent noise. We cannot be held responsible for any seasonal increase in traffic levels, noise or disturbance. Building or road works may take place in the vicinity of the property. We cannot accept responsibility for noise or disruption caused by any of these events.
26.8 Except for liability for death, personal injury or fraudulent misrepresentation, in the event of our being liable under these Booking Conditions, such liability shall be limited to the return of the sums paid to us.
26.9 Except for liability for death, personal injury or fraudulent misrepresentation, in the event of the Owner being liable under the Rental Contract, such liability shall be limited to the return of the sums paid to us or the Owner for the rental period.
You must ensure that you and all members of your party have sufficient travel insurance in place to cover you, together with your personal property, at all times and for all potential risks. You must ensure that that your insurance covers you for the full duration of your holiday including, but not limited to, medical expenses, injury, death, repatriation, cancellation and curtailment, and in respect of any sports or activities that you wish to do whilst on your holiday. Evidence of sufficient cover will need to be provided at the time of booking.
27.2 We cannot be held responsible for any problems arising out of the organisation of insurance.
28: LOW SLUNG CARS
People taking low/sports cars are advised to check at the time of booking that the access to the property is suitable for such vehicles.
29: DATA PROTECTION
30: PASSPORTS, VISAS, DOCUMENTATION, HEALTH REQUIREMENTS
30.1 It is your responsibility to ensure that you and all members of the party are in possession of valid passports and all necessary travel and health documentation required for the entirety of your journey before departure. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
30.2 The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website at www.fco.gov.uk. For the latest passport requirements for British citizens please collect information at your local post office. If you or any member of your party is not a British citizen, you must check passport and visa requirements with the embassy or consulate of France or any country you intend to travel through. Neither we nor the Owner accept any liability if you or any member of your party are refused entry onto any transport or into any country because you have not complied with any passport, visa or immigration requirements.
30.3 Information on health is contained in the British Department of Health leaflet T7 (Health Advice for Travellers), available from your local Department of Health Office and most post offices. For travel to France you should obtain a European Health Insurance Card (EHIC), which now replaces the Form E111, prior to your departure. See www.doh.gov.uk/traveladvice for further details. For non-UK clients, please contact your national Health Department.
31: THIRD PARTY RIGHTS
The parties confirm their intent not to confer any rights on any third parties by virtue of these Booking Conditions and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Booking Conditions.
32: GOVERNING LAW AND JURISDICTION
These Booking Conditions, and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Booking Conditions or their subject matter. South France Villas Ltd - we are a UK registered company (# 4334670) – in accordance with EU regulations we are insured for professional indemnity cover by Arnold Fisher Insurance Ltd.
33: WEDDING BOOKING TERMS
These terms and conditions apply in addition to the Booking Conditions detailed above, where you have booked a property in connection with a wedding, including but not limited to where you have booked a property as a wedding venue or where a property has been booked for accommodation in connection with a wedding.
33.1 We act as booking agent for property owners whose properties are featured on our Website. We are not giving any representations or warranties that any property featured on our Website is suitable as a wedding venue. The booking of a property as a wedding venue is at your sole risk and we shall not be liable to you if you consider, at any time, the property to not be a suitable venue for a wedding.
33.2 If you decide to book a property as a wedding venue, in accordance with our Booking Conditions we are responsible for processing the booking made through us using the Booking Form for the property only. Any additional services, including but not limited to the hiring of any marriage registrar or equivalent, furniture or furnishings, flowers, cars, photographers, cake, catering, food and drink (including alcohol), music, entertainment or wedding outfits is booked either with the property Owner as agent for the supplier or directly with the applicable supplier by you and is delivered by such supplier under the terms of the contract between you and the supplier. We shall not be liable for any act or omission of such suppliers, including any failure by any supplier to provide you with any element of your wedding.
33.3. It is your responsibility to check and comply with the documentation and legal requirements for the marriage that are applicable in the country of your chosen property. We strongly recommend that you contact the relevant embassy or consulate for advice.
33.4. In the event that we or the property Owner cancels or amends your booking for the property, other than the remedies available to you as set out in clause 8 of the Booking Conditions, we shall not be liable for any loss or damage incurred by you as a result of such amendment or cancellation. For the avoidance of doubt we shall not be liable for any cancelled or amended travel arrangements of you or your guests, accommodation (both yours and your guests) and/or the payment of any costs or fees to your suppliers. We strongly recommend that you purchase appropriate cancellation insurance for weddings to cover any losses that you may incur as a result of cancellation or amendment by us and/or the property Owner, or from cancellation or amendment of the booking by you.
WHAT YOU NEED TO KNOW....
MAID SERVICE - when a maid service is provided, the service provided will ensure that all surfaces and floors in the house are cleaned. The maid is not responsible for bed making and personal cleaning. If you would like this service, please let us or the Owner know so that the Owner can try and put these arrangements in place for you.
A HOUSE CAN ONLY SLEEP - the maximum numbers noted on each property’s details. This cannot be exceeded. You may notice that some houses can actually sleep more people than the Owner allows, however a maximum number is set for your own comfort. It is also the express decision by the Owners that they will never accept any increase in party numbers, unless by prior written arrangement. You are of course entitled to sleep up to the maximum number of people; however we need to know who is at the property each night for your own safety. It also allows us to be 100% sure that the property is prepared for your exact party size and make up. We ask for this information on the Booking Form. If any details change after you have booked, you will need to contact the Owner or us and we will update our details.
A BREAKAGES DEPOSIT - is cashed to cover any extra charges, for example pool heating. Extra costs are detailed on each property description sent with the Rental Contract. We naturally expect all clients to treat each of these privately owned properties as their own home, however if there is any damage it will also be deducted from the breakages deposit. The breakages deposit amount is specific to each property and detailed in your Rental Contract with the Owners. It is paid either on arrival or in some cases at the point of balance payment to us for the booking price. When the breakages deposit is taken in cash it is normally returned to you on the day of departure once the owners have had a chance to look around the property, minus any breakages incurred during your stay. Please also notify the Owner or keyholder if you want to leave before 10am on the scheduled day of departure, so they can return your breakages deposit if it was taken in cash and is to be returned the day of departure. If you leave early without giving notification at least 3 days in advance any banking charges incurred by the Owner when returning your deposit will be deducted from it. If the breakages deposit is taken by cheque when you leave the property the Owners confirm damage/charges and deduct any sums from the breakages deposit. The balance is promptly returned to you. (Please remember that utility bills i.e. telephone, electricity can take up to 8 weeks).
PROTECT YOUR PARTY - with comprehensive travel insurance, which is a condition of your booking.
PROBLEMS DURING YOUR STAY - can occasionally arise. It is essential you contact the Owner or his representative and us during your stay if you encounter a problem, so that the Owner and/or we can negotiate on your behalf, as soon as a problem starts. We will endeavour to resolve the problem, leaving you free to continue a hassle free holiday. For more information please also refer to our section on 'Complaints Procedure' in the Booking Conditions above.
THE DETAILS MATTER...
BEDLINEN AND PERSONAL TOWELS - are not always provided. (beach or pool towels are rarely provided, but can sometimes be hired). Cot linen is not always provided. We recommend you take your own for your baby’s comfort. Exceptions are always noted on each property page. Beds are not always made up for your arrival. If you would like linen to be changed mid stay please let us know. (Some properties provide an extra set for you to change as you wish and some Owners provide the first set but charge extra for a change of sheets in mid stay).
GARDEN AND POOL MAINTENANCE - is included and frequently done very early in the morning to minimise disruption to you. (You may not even see these people).
WATER, GAS AND ELECTRICITY - is normally included in July and August. Supplements apply where it is clearly stated on your Rental Contract with the Owner. Exceptions are also clearly stated.
POOLS - are normally open June – September. Water temperatures can be variable in the early and late periods.
POOL HEATING - (if applicable) is always an extra charge. Some pools are solar heated, therefore the temperature naturally depends on the amount of sunshine.
TENNIS COURTS - vary in standard. If this is important to you, please inform us on your Booking Form.
TELEPHONE - services may differ in each property. Some enable outgoing calls, but only when you purchase a telephone card at a local newsagent or supermarket. Other properties have an open line, and payment is simply deducted from your breakages deposit. Please note this may delay the return of your deposit (phone bills may take up to 8 weeks). Where there is no telephone it is clearly marked. Please note however that some of our properties are set in the heart of the country and may not have a good mobile phone signal.
WI-FI - services may differ in each property and may be intermittent or have low speed. Neither the Owner nor the Agent can be held responsible for slow or interrupted internet service.
PET FRIENDLY - properties are available. We represent private homes and therefore kindly ask that you consider the behaviour of your animal in an unknown house before booking. We insist that animals are never left alone in the house, do not rest on beds or soft furnishings, and never swim in the pool for hygiene reasons and for the protection of pool tiles or liners. Some properties require a pet supplement.
DISTANCES - are mainly given in kilometers or minutes to the nearest local villages, towns and other places of interest. All times given are for driving, not walking and can only be used as a rough guideline.
SATELLITE TELEVISION - is available at some of our properties. If you require specific channels please check when booking as English speaking channels can be restricted. Neither the Owner nor the Agent can be responsible for loss/disruption of incoming signal for Satellite TV –Sky–Freesat–Apple TV etc.
VIDEO - players may differ in France. If you intend to travel with UK/International media, please check with us that the VHS/DVD is suitable.
BARBECUES - are available in most properties; however there may be restrictions on their use during the summer months, due to local fire restrictions. Please do not move any barbecues from the position they are left on your arrival, which may be the safest area.
THINGS AREN’T ALWAYS THE SAME...
Some helpful definitions
Bed sizes - can vary. Double beds range from 1.40m – 2m. A single bed in France can start at 0.70cm. We regard anything below 0.90cm as ideal for children, not adults.
Bathrooms - generally include a bath tub, washbasin and WC. Sometimes however there is a separate shower cubicle or no WC.
Shower rooms - generally include a shower room, washbasin and WC. No bath tub and sometimes no WC.
Baby cots and high chairs - are not automatically provided, but we may be able to hire them. It is essential that we know the age of your child to ensure the cot size is appropriate.
Different standards - Europeans have vastly different standards in terms of electrical fittings, plumbing, ventilation, decoration and building requirements, although properties conform to local building standards. Many properties have septic tanks and not mains sewerage, and occasionally an odour may be noticeable. Houses often have steep and open staircases and some do not have banisters. It is not unusual for there to be bare electrical wires and often lights do not have lampshades. Furniture may be old, the décor may not be to your taste and mattresses may not be as comfortable as your own. Many houses are shut up during the winter months and therefore may appear musty on arrival. If your property is particularly old or rustic be prepared for patches of damp or cracks in the plaster. Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. The monitoring, enforcement and compliance with such regulations and standards is the responsibility of the specific authorities and the supplier of the services concerned. Clients must take all reasonable precautions to protect themselves whilst on holiday. In certain respects, a European countries’ safety standards may be lower than those of the UK.
Most properties do not provide welcome packs and you will be expected to provide basics such as toilet rolls, cleaning materials, cooking basics, bin liners, etc. Please respect your neighbours and avoid causing noise and/or any nuisance. Some European countries have laws prohibiting noise and disturbance after 10pm. Electric fences, which may adjoin the property must be accepted and treated with caution. ake sensible security precautions and ensure all windows are closed and doors locked, and any alarm system where fitted is set when leaving the property. Certain areas of Europe, especially France, Spain and Portugal are subject to forest fires, the use of barbeques may be restricted and incur heavy fines, even if our description shows a barbeque is available. Please ensure that you check before using one.
Conditions abroad - European customs, habits and lifestyles may be different. You may find domestic, farm and wild animals in the vicinity and associated noise, smell and droppings. Insects (including stinging/biting insects), spiders and rodents do find their way into properties. Spiders can produce webs within 12 hours, and this does not indicate poor cleanliness. These are local prevailing conditions totally outside our control for which we cannot accept any liability. Cuts in water and electricity supplies may occur at any time without warning. Electricity supplies cannot always support several appliances being used simultaneously, and may fail if overloaded. We cannot be held responsible for technical problems with the property/facilities or technical/chemical problems with pools, or any problems with any electrical appliance as a result of interruption to the electricity supply. Swimming pools and gardens do have to be maintained and this may occur during your stay without notice. Notice of fêtes, festivals and local celebrations or events is not automatically given and may result in increased levels of traffic and subsequent noise. We cannot be held responsible for any seasonal increase in traffic levels, noise or disturbance. Building or road works may take place in the vicinity of the property. We cannot accept responsibility for noise or disruption caused by any of these events.
PASSPORTS, VISAS, HEALTH REQUIREMENTS
For the latest passport requirements for British citizens please view https://www.gov.uk/browse/abroad/passports or collect information at your local post office. For non-UK clients please contact your national passport office and or/French embassy/consulate for latest information on entry requirements. Information on health is contained in the British Department of Health leaflet T7 (Health Advice for Travellers), available from your local Department of Health Office and most post offices. For travel to France you should obtain a European Health Insurance Card (EHIC), which now replaces the Form E111, prior to your departure. See www.doh.gov.uk/traveladvice for further details. For non-UK clients, please contact your national Health Department.