General Terms and Conditions of Rental

 

PREAMBLE:

 

The purpose of these General Terms and Conditions of Rental (hereinafter the "GTC") is to set out the respective obligations of the owner (lessor) or his agent/representative (SASU Location lac Annecy) and of the client (tenant) in their contractual relations relating to the sale of individual stays (reservations/bookings). Any reservation implies the unreserved application by the customer and his full and complete adherence to the GCT which prevail over any other document, except with the prior written and derogatory agreement of the owner or his agent. These terms and conditions apply to all customers.

ARTICLE 1:  Booking and Payment - OPTIONS

An individual booking can only be contractually firm and definitive if these conditions are validated: For any booking made on the locationlacannecy.fr or locationlacannecy.com website: 

• if the reservation is made more than 30 days before arrival: a first payment within 24 hours following the confirmation of reservation consisting of a transfer or a payment in euros by credit card (payment detailed on booking confirmation email). The second payment corresponding to the balance of the rental amount will be made 30 days before arrival. PLEASE NOTE: after this period, if the agent has not received payment of the balance, the reservation may be considered canceled and the property returned to rental for the same period.
• if the reservation is made less than 30 days before arrival: the entire stay will be paid upon confirmation of the reservation.
• In all cases, services and Options will be paid for on arrival in euros. 
• For any reservation made on a platform such as Airbnb, Booking.com, VRBO, Homeaway, Abritel, Hometogo, Holidu, ... the platform's payment conditions will be applied. The prices set on the website and on the contracts include VAT Tax in euros. They can be different according to the type of property and the time of the year. The agreed price can be increased if a variation in the price is made necessary following a change in tax regulations, and in particular the increase in the VAT rate. 
• Payments can be done by : - Credit cards (mastercard or Visa) for the rent, services and options - French checks to Location lac Annecy for payment of rent, services and options- bank transfers in euros (transfer costs are tenants ‘responsibility) for the the rent, services and options - cash in euros for services and options upon arrival. 
• The price includes: - Tourist taxes (visitor tax, except if mentioned in the confirmation email)- Water, electricity and heating charges (except increase mentioned on description)- Internet access- End of stay cleaning and mandatory household linen (included in the services and options)- Depending on the property rent, options may be selected following the reservation (by answering back to the conciergerie’s email received after booking)- Insurance: Material damage such as fire, explosion, water damage; Recourse of neighbors and third parties; Damage to movable and immovable property belonging to the owner of the rented property (included in the administrative costs). Insurance subscribed through Groupe Special Lines on behalf of Groupama Rhône-Alpes Auvergne 50 rue de Saint-Cyr - 69251 Lyon cedex 09 
• The price does not include:

- Transportation, food and drink

- Activities and options

- additional options - Optional cancellation insurance (see §11)

 

For security reasons, the number of people in the accommodation may not - under any circumstances - exceed the number of people given on the reservation according to the description of the property. Any additional person, not indicated to the owner or his representative during the reservation confirmation, will generate an additional invoicing per person and per night and may be considered as a clause for immediate cancellation of the booking without any possible reimbursement.

ARTICLE 2 : Transport

The owner or his representative is not responsible if the client cannot reach the place of the rental villa or apartment regardless of the cause. No refunds will be made. In case your transportation in cancelled due to force majeure (terrorist attack, volcano, war, civil war, natural disaster, etc. ..), please get back to your insurance companies.  

ARTICLE 3 : Tourist tax
The tourist taxes, collected on behalf of the Tourist Office is included in the price of the stay.  

ARTICLE 4: Deposit
The amount of the deposit varies according to the rented accommodation. The amount is listed in property description. The deposit will be paid via pre-authorization managed by the partner Swikly. A secure link will be sent to the client a few days before arrival. The amount will not be cashed and does not affect the credit card limit. On the day of taking possession of the premises, the tenant must be able to prove that he has indeed proceed to deposit. This guarantee, non-bearing interest, will be refunded to him at the end of enjoyment by automatic release, as soon as possible, and, at the latest, one month later under deductions of the sums which could be due to the owner, either for expenses of cleaning either to replace damaged or missing objects, or for damage caused to the rented premises, or for rental or other charges. The tenant undertakes to compensate the lessor for the damage suffered if the guarantee proves to be insufficient. The tenant is informed that in case of collection of all or part of the deposit, an excess of 5% of the amount of the deposit will be applied.

ARTICLE 5 : Inside rules

The tenant is required to comply with the internal regulations of the rented property, in particular for all our properties the same rules apply for noise (noisy parties, the use of music outside after 10 p.m. are not authorized), the use of garbage, the use of parking spaces. Pets: The presence of a pet is not allowed, except with the written agreement of the owner or his representative (extra charge to be paid on arrival day). Smoking is prohibited inside the accommodation. Any smell of tobacco detected in the accommodation will be subject to a deduction from the deposit. (400€ + 5% deposit collection fee) 

ARTICLE 6 : Inventory

The quality, the good general condition of the premises and the level of equipment of the rented villas and apartments impose the acceptance by the tenant of the principle of good faith and honesty. The occupants must respect the premises and behave as a "good father". On arrival, the tenant must carry out the usual and conformity checks on the general condition of the rented property. He can add photos during the inventory via a personalized link provided by Swikly. An inventory will be made available to the tenant when the keys are handed over or when he or she arrives independently for specific properties organized for self-check-ins. They will be considered as valid if they are not written disputed by the lessor within 24 hours after the keys have been handed over. They will be checked after tenants’departure. In case of self check-out, the owner or his representative reserves 48 hours to inform the client of any possible damage observed on his departure.

ARTICLE 7: Owner or representative’s Responsibility

The owner must: 

• Deliver to the tenant housing and furniture free from defects, in accordance with the description; maintain the accommodation in good rental condition; 
• return the deposit, except to withhold the sum which the tenant may be liable to him. The owner or his agent is not responsible for the acts and actions committed by the client or one of the guests in the rented property. The owner or his agent cannot be held responsible for a mechanical breakdown of rental or condominium equipment, for example: gates, heating, TV channels, pool robot, household appliances, internet failure following bad weather and failure of the network etc.… or a problem with the public services: electricity, water, gas or cable TV network, without any financial compensation being claimed.The owner or his agent cannot be held responsible for the following facts: miscellaneous accidents, injuries, deaths, losses, thefts, all site work, various events of private origin or public authority in the direct vicinity and suffered during the rental of a property, any additional expenses due to delays or changes in the means of transport, any debts contracted by the customer, weather conditions, danger from the sea or the lake, fires, various strikes, acts of terrorism , natural disasters, civil riots, war, epidemics or quarantines.
  
  ARTICLE 8: Client’s responsibility
• The tenant undertakes :- to use the rented premises peacefully, not to do anything that could, of his doing or of the people in his house, harm the peace of neighbors or other occupants (noise, smells, smoke or other); to satisfy the charges of the city and of the police to which any tenant is required to refrain from throwing objects likely to obstruct the pipes of the sanitary appliances and others, failing which he will be liable for the costs incurred for the return to service of the this equipment; to use the equipment and materials left at his disposal by strictly complying with their mode of use. It will respond to damage and losses occurring during its occupation. Tenant will be asked to pay repairs and relocation costs of any future customers if they cannot fully enjoy the rented property. - The tenant is forbidden:  The exercise of any trade, profession or industry; to replace any person whatsoever, or sublet, even free of charge, the rented premises, except with the written consent of the lessor; to introduce any animals without the written consent of the owner or his agent; to bring furniture and household objects other than linen and everyday objects necessary for his stay; to change the arrangement of furniture and places; to move or exchange furniture and movable objects; to attach objects to the walls; to organize parties in the rental. Any unacceptable behavior may result, where appropriate, in the immediate expulsion of customers from the property, without any financial compensation being claimed. People renting villas or apartments use the elements made available to them according to the property rented (swimming pool, barbecue, plancha, etc.) at their own risk. The owner or his representative declines all responsibility in the event of accidents or injuries caused during their use. All minors (under 18) are under the responsibility of the adults accompanying them. The access of minors to the swimming pool if this is the case and to the lake can only be done under the supervision and responsibility of the adults. Swimming in the private pools is not supervised, nor is access to the lake outside the supervised public beaches. For the clients' own safety and out of respect for all, the owner or his representative prohibits any entry into the rented property of persons offering illicit activities or illegal drugs.                                                                                       
  ARTICLE 9: Loss, theft and damage
  
  The client agrees to take care of the furniture, household appliances, decorative objects, floors, walls, exterior fittings and everything that the property may contain. The customer will be responsible for any damage, breakage or loss caused by himself or one of his companions and will be obliged to reimburse. The customer must return the rented property without damage. In addition, the additional comfort materials provided (duvets, household linen, pillows, remote control, hangers, drapery, etc.) must be returned in their entirety. The owner or his representative cannot be held liable in the event of loss, theft or damage to personal effects both in the villas and apartments and in the car parks. The lessor is not insured for the personal belongings of his tenants in the event of theft, destruction, etc. during his stay. The customer will take the usual precautions (closing windows, doors, etc.) during his absence and at night. 
  ARTICLE 10: Insurance
  Location lac Annecy has additional insurance in the event of material damage following fire, explosion, water damage; Recourse of neighbors and third parties; Damage to movable and immovable property belonging to the owner of the rented property. The tenant will nevertheless be liable for the deductible (75€) and the deduction for obsolescence applied by the insurance company if this insurance must be requested.This insurance is taken out with Groupe Special Lines on behalf of Groupama Rhône-Alpes Auvergne 50 rue de Saint-Cyr - 69251 Lyon cedex 0 Civil liability of the tenant: Within the limit of €500,000 - Recourse of neighbors and third partiesWithin the limit of €450,000- Damage to movable and immovable property belonging to the owner of the rented property.Within the limit of €4,000 with an excess of €75 payable by the tenant 

 
ARTICLE 11 : Optional insurance

MEETCH, partner of LLA Selections by Location Lac Annecy, offers a solution tailored to the needs of tenants.

Subscribing to this insurance is an act of foresight.

This insurance offers a refund within 48 hours and without a deductible in case of trip cancellation, late arrival, or interruption of stay. Over 30 guarantees including:

• Professional guarantees (refusal of paid leave, dismissal, transfer, etc.)
• Personal reasons (adoption, separation, theft of documents, accident, event cancellation, etc.)
• Medical reasons (illness, death, medical contraindication, in vitro fertilization, COVID-19, etc.)
• Other reasons (terrorist attacks, social movements, transport and refinery strikes, etc.)

This insurance can be subscribed to at the time of booking (5% of the booking amount).

You can find the general conditions in 5 languages via the following link: https://location-lac-annecy.legal.meetch.io/travel/prod_lqyWJjL470Np

ARTICLE 12: Booking cancellation by the owner or his representative
In case of cancellation by the owner or his representative, the tenant will receive an immediate refund of all sums paid without payment of damages to customers from the owner or his representative. If in case of “force majeure” or any other cause not attributable to the owner or his agent, the accommodation cannot be occupied, the owner or his agent will try to relocate the client in another accommodation of equal or superior quality. 
ARTICLE 13: Booking cancellation by the client

For any reservation made on the locationlacannecy.fr or locationlacannecy.com website: A cancellation can be registered, if and only if it respects the following conditions:The cancellation date matches the date of tenant’ cancellation email reception..- If a cancellation is registered more than 30 days before the date of arrival, full refund -4% administration fee- If a cancellation is registered between 14 and 30 days, deduction of 50% of the total amount. 50% refund deducted from 4% administration fees - If a cancellation is registered less than 14 days before arrival, 100% deduction No refund or compensation will be made in the event of early departure from the accommodation, whatever the cause. SPECIAL CONDITIONS COVID-19  Due to the global health crisis of COVID-19, the cancellations conditions have been reduced. Thereby : - in the event of a prolonged health crisis situation due to COVID-19 at the time of the rental*, the tenant will be reimbursed the balance of his rental deducted from the administration fees (4%). The deposit can be used for any other stay within 18 months from the date of arrival initially planned in the accommodation. * 1. Rented place located in a containment zone by ministerial or prefectural decreeOR 2. Tenant occupying the rented property whose main residence is located in a confined area by ministerial or prefectural decree on the date of departure. Reimbursement of the stay to be made on proof only (proof of address, official documents). The refund will take place within 10 days after the initial arrival date by bank transfer. In the event of cancellation due to illness (Covid), the tenant should take out the optional insurance proposed (see § 11 above).  For any reservation made on a platform such as Airbnb, Booking.com, VRBO, Homeaway, Abritel, Hometogo, Holidu, ... the cancellation conditions of the platform will applied.  
ARTICLE 14: Modification

Any modification of the dates of stay of the tenant will be considered as a cancellation if satisfaction cannot be given
ARTICLE 15: Availability of villas and apartments / Arrival and departure times Tenant agrees to inform Locationlacannecy by email (conciergerie@locationlacannecy.com) of his arrival time no later than 48 hours before the check-in date. Key collection takes place from 4 to 7 p.m. Exceptionally and depending on the availability of the agency’staff on duty, some check-in may take place until 8 p.m. This service is charged at €50 to be paid on arrival. We cannot welcome you after 8 p.m., with the exception of properties offering a self check-in service. Keys must be returned no later than 10:00 am on departure day. If this is not the case an additional night may be charged.A on line chen-in link will be send few days prior arrival. The client will be able to fill in all these informations at once.

ARTICLE 16: Pictures Pictures found on www.locationlacannecy.com – www.locationlacannecy.fr or any platforms such as Airbnb, Booking.com, tripadvisor, VRBO, myhomein… cannot be used without the authorization of the owner or his agent under penalty of legal proceedings.

ARTICLE 17: Language

The tenant cannot require that the owner or his representative communicate in any other language than: French or English. 

ARTICLE 18: Cleaning and linen

The rental will be delivered in a perfect state of cleanliness. A set of 2 towels for each person as well as tea towels, sheets and pillowcases. Beds will be made upon arrival. The tenant agrees to undo the bedsheets when leaving and fold them on each bed.All linen remains the property of the agent. It must be fully returned at the end of the rental. If not, the prices charged per unit are €95 excl. VAT/double duvet cover - €85 excl. VAT/ Single duvet cover - €25 excl. VAT/towel - €55 excl. VAT/bath sheet - €65 excl. Bathrobe - €25 excl. VAT/double flat sheet - €15 excl. VAT/single flat sheet - €10 excl. VAT/pillowcase, tea towels or bath mat.The washing, wiping, storage of the dishes are not included in the cleaning service and are under tenant’s responsibility before checking-out. If the dishes are not cleaned, dried and put away, If not, a charge of 60€ for the villas and 30€ for the apartments will be deducted from the deposit. End of stay cleaning will be carried out in full if the rental is accessible (tidy rooms and minimum cleanliness and allowing easy access to our maintenance team...).If the rental is not returned clean and a minimum tidy, overtime will be invoiced and deducted from the deposit on the basis of 30€ excl. tax/hour.  An optional linen change and cleaning service is available on request from our concierge service (conciergerie@locationlacannecy.com).

ARTICLE 19 : Service
Services may vary depending of the type of accommodation. The customer agrees, by signing the contract and therefore accepting the terms of sale, to pay for services used during his stay before leaving the residence.  

ARTICLE 20: Validity and modification of terms of sale
These terms of sale are effective from the 10st of November 2021 and for an unlimited period. Nevertheless, The owner or his representative reserves the right to change them without notice. By definition, the conditions applying during the stay of the customer are those prevailing at the time of signing the contract.  

ARTICLE 21: Address for service  

For the execution of all obligations under this contract, there will be solidarity and indivisibility between the parties above referred to as lessee, among the heirs or representatives of lessee on death (subject to section 802 civil Code). The signatory parties hereby make such an address, the Landlord at his home, the tenant in the rented premises.  

ARTICLE 22: Applicable law and dispute resolution  

By reserving one of our residences implies full acceptance of our terms of sale. In case of an unresolved dispute amicably, The owner or his representative will file a judicial appeal to the Court of Annecy (TGI Tribunal de Grande Instance d'Annecy), in French, which is said only competent. These terms of sale are subject to French law. If the client didn’t pay to the due dates or for any breach of any provision of this commitment, and eight days after a notice has been given with no results, the lessor may demand the immediate termination of this contract. The eviction of the lessee will be held upon a simple order from the judge. Prosecution Expenses will be paid by the lessee. The unpaid rent will bear interest at the legal rate for the period from the due date to date of actual payment.  

ARTICLE 23: Individual Informations

All tourist accommodation operators must have their customers complete an individual information sheet. The individual form, written in French and English, must be completed and validated by all travelers. The tenant will receive an online check-in link a few days before his arrival, by email, inviting him to fill in the requested information - for him and all the people accompanying him in the accommodation. The information requested are SURNAME, First name, address, identity card or passport number, date of issue and date of expiry. Children and BBs can be listed on the sheet of an accompanying adult

IMPORTANT : Declining to complete and/or sign the information sheet is considered as a legitimate reason for cancelling the booking.

 

 In case of dispute :

In accordance with articles L611-1 and following of the French Consumer Code and R612-1 and following, it is provided that for any contractual dispute regarding the execution of the sales contract and/or the provision of services that could not be resolved within the framework of a prior complaint filed with our customer service, the Consumer may resort to free mediation. They shall contact ANM CONSOMMATION either by mail by writing to 2 rue de Colmar 94300 Vincennes (clearly stating, in addition to their own contact details, the agency's contact information Tel: +33 7 85 47 64 19 - info@locationlacannecy.com) or through our website by filling out the online complaint form at the following address https://www.anmconso.com.

The consumer can also visit the website of the European Online Dispute Resolution platform.