1. Introduction
The properties known as Gites de Pommier,1 Route Du Paradou, Parcoul-Chenaud, 24410, France SIRET 95221344500010 (“the Properties” “the Property”) are offered for rental subject to confirmation by Gites de Pommier et Jolene Chaffin (“the owner”) to the tenant/renter (“the guest”).
Requests to reserve the Properties can be made by email or by using one of our digital channels (such as our website, mobile site, booking platform or app). Once a booking request is confirmed as having been received by the Owner, the Guest must complete and sign the booking form and acceptance of the terms and conditions (“the Contract”) and return it together with payment of the reservation in accordance with the payment terms outlined below.
We reserve the right to amend these terms and conditions at any time and you should therefore check them each time you make a reservation. The terms and conditions applying to your reservation will be those in place on the date that you make your reservation.
It is strongly recommended that the guest take out comprehensive travel insurance policy (including cancellation insurance) and have full coverage for personal effects, civil liability.
The maximum number of guests to reside in the properties including adults and children (babies under 12 months will not be included in this number) is as follows:
No 3 Le Petit Pommier – 6 people
Travel cots will be made available if required, please confirm this at the time of booking.
The owner reserves the right to make changes to the interior/exterior of the properties between the time of acceptance of the guest’s reservation and the date of the guest's arrival. For example, the owner may change the décor and colour of the rooms and owners cannot guarantee that the Properties or its surrounding area will be free from additional structures. The owner will make every effort to ensure that no part of your holiday package needs to be changed. However as reservations are normally made well in advance of your arrival, the owner reserves the right to make any changes necessary to comply with safety regulations or other changes to the law of relevant codes of practice or to make any minor changes that will not be to the detriment of your holiday experience.
2. Reservations
To reserve your accommodation please follow the instructions on the website, mobile site, booking platform or app (as applicable). You must be at least 18 years or over to make a reservation. For direct bookings with the owner, you will need to complete the booking form in accordance with the instructions detailed in Section 5.
Please check that the details of your reservation on the booking form are complete and accurate before you confirm your reservation. We will not be liable for any delay or non-performance if you provide us with incorrect information. If you think that there is a mistake in your reservation or if you require any changes to a confirmed reservation, please contact us to discuss.
Your stay is not intended to confer exclusive possession, nor to create the relationship of landlord and tenant between Gites de Pommier and yourself. You as the guest will not be entitled to any tenancy, or to any Statutory protection or to any other Statutory security of tenure now or upon the termination of this agreement.
Rates are subject to change without notice.
3. Room prices
3.1 When you make a reservation request, the owner will give you a total price for the accommodation, number of guests and number of nights you've requested. The price you pay is the price quoted to you at the time you make your reservation.
3.2 A tourist tax will be applied per adult per night and in accordance with the rates issued by the local Tourist Office (Office de Tourisme du Pays Saint-Aulaye). This will be added to the balance of the total rental amount, payable 8 weeks before arrival date. This rate is set locally each June and may be notified to you later than the date of booking if the rate has yet to be set for the time of the reservation.
4. Agreement for Occupation
Gites de Pommier permits you as a guest to occupy the property, such occupation being exclusively by you and to use our furniture and effects for the accommodation period. Please notify the owner if you wish to invite visitors to the property. All visitors to the accommodation are your responsibility and are NOT PERMITTED to:
• to stay overnight;
• to use the swimming pool as this is only for guests specified on the booking confirmation as visitors are not covered by the owner’s insurance.
You must not exceed the maximum occupancy for the accommodation. We reserve the right to conduct checks on occupancy. Occupancy is not transferable. If the number of guests exceeds (also applicable to children over 3 years old) the number of guests on the booking, we reserve the right to ask excess occupants to vacate the property. The owner reserves the right to refuse to accept any booking for whatever reason they deem acceptable.
Use of the properties and any amenities is entirely a the guest’s own risk. The effects, including guest’s personal belongings (including cars) left in or around the property are entirely at their own risk and no liability will be accepted for loss or damage.
5. Paying for your accommodation
The guest is required to pay a non-refundable deposit (“the Deposit”) of 25% of the total payment for the guest’s stay at the Property in order to reserve the Property in conjunction with the completed and signed booking form accepting the terms and conditions of the contract. After receiving the signed contract and deposit, the owner will send a confirmation email to the guest. This is formal acceptance of the reservation.
The balance of the full rental amount (75%) is required 8 weeks prior to your arrival (“the balance”), payment to be made by bank transfer and paid in €. Should payment not reach the owner by the relevant dates this will be regarded by the owner as a formal cancellation by the guest. The owner reserves the right to notify the guest in writing, including email, that the property reservation is cancelled. The owner will not be required to refund the deposit.
For bookings made less than 8 weeks prior to your arrival the full non-refundable amount must be paid at the time of booking the accommodation.
A security deposit of €250 (“the security deposit”) is payable as a separate bank transfer 1 week prior to arrival. This is required in the event of damage to the property or its contents; however the amount reserved by this clause does not limit the guest’s liability towards the owner. The security deposit held by the owner will be applied against cleaning, repair or replacement caused by other means as normal wear and tear during the rental of the property by the guest. Following satisfactory verification of the inventory and inspection upon departure of the guest, the security deposit will be returned within 14 working days.
6. Cancellation
Your right to cancel your booking may be made in writing within 24 hours of making your booking with a full refund of your deposit, or up to 8 weeks before arrival without a refund on your deposit. If you should wish to cancel after making the full payment 8 weeks prior to your booking, it may be possible to offer a refund or partial refund if Gites de Pommier is able to re-sell the booking for the same period, however this refund is by no means guaranteed. Any costs incurred in the re-selling of the booking and any additional administrative costs incurred will be deducted from the refund.
A refund in accordance with the terms above, will usually be processed the next working day; however, it may take a few days for the funds to reach your account. A cancellation reference will be given and should be retained as proof of cancellation. If cancelled or modified within 8 weeks prior arrival, or in case of no-show, the total price of the reservation will be charged. No refunds will be made for non-arrivals.
Our right to cancel
Your breach
We may cancel your reservation at any time with immediate effect by giving you written notice (which includes email) if:
• you do not pay us when you are required to do so; or
• you break the contract between us in any way.
If we cancel your reservation where you are at fault, we reserve our legal rights in respect of your breach of contract.
In the unlikely event Gites de Pommier has to cancel or make a change to your accommodation booking, the owner will use all reasonable efforts to contact the guest as soon as possible to explain what has happened and to inform the guest of the cancellation or change to the booking. A full refund will be offered to the guest in the event of the cancellation being at the fault of the Owner (for example due to serious illness of the owner).
Events outside our control
Gites de Pommier shall not be liable for changes, cancellations or any other effect on your booking due to events beyond our control (force majeure).
In these Conditions, force majeure, means any event or consequences thereof which could not be reasonably avoided by us, even with the exercise of all due care. Such events may include war or threat of war, civil strife, terrorist activity, industrial dispute, natural or manmade disasters, fire, adverse weather conditions and all similar events outside of our control.
If you wish to alter your booking, Gites de Pommier will use our best effort to accommodate your requirements, however, you will be obliged to pay for any additional expenses incurred as a result of alteration, for example any price differences for a later date.
7. Arrival and departure
The rental period of the property begins on the first day at the arrival time specified in this contract and ends on the last day at the departure time specified. The owner will not be required to provide access to the property before the stated time and the guest will not be permitted to remain in the property or any part of it after the departure time (except with prior agreement from the owner and at an extra charge of €50). If the rental period should be shortened by the guest for any reason, the total amount of the rental will not change and there will be no refund to the guest by the owner.
Arrival:
Access to the property upon arrival is 17:00
In the event of expected arrival to be later than 20:00 the guest must notify the owner in advance, either in writing where this is possible or by telephone.
Departure:
The property must be vacated by 10:00 am on the day of departure.
Failure to leave your accommodation by this time may result in a late check-out charge €50 per hour or a fraction of.
8. Keys
Unless otherwise agreed, Gites de Pommier will issue you one set of keys to the accommodation. If at any time you lose the key, you must notify us as soon as possible and replacement of the key(s) will be at your expense. Gites de Pommier will retain keys to the property and will access the property to provide the services set out in the agreement and any necessary maintenance and also to inspect the property and carry out repairs to the structure, roof, exterior or any services, appliances or equipment therein. We reserve the right to enter the property at any reasonable time during your stay for essential maintenance or if we suspect damage has been caused or in case of any emergency or concern.
9. Pets
Pets are not permitted at Gites de Pommier as we have wild free roaming peacocks that often have babies during the spring/summer periods. In the event of a guest arriving with a pet, your booking will be cancelled with immediate effect and no refund will be provided. Please do not feed our peacocks as their diet is strictly controlled. Please note these animals are not pets and the owner is not responsible for injuries caused to guests or any damage to their effects by these animals.
10. Swimming Pool
The shared swimming pool between No 3 Le Petit Pommier and No 5 Le Pommier is open 1 June to 30 September and can be used between the hours of 10:00 and 21:00 (to allow time for any cleaning by the owner). Weather permitting the owner will aim to open the pool before June and close it after September although this cannot be guaranteed.
The pool is regularly maintained but if unusual climatic conditions occur, this may affect the chemical balance. If there are any problems with the water clarity, please contact the owner.
A safety notice and use of the pool rules and regulations can be found in the welcome pack in the property and also posted next to the pool. Please ensure that all safety notices placed around the property are read and understood by the guest and all members of the guest party and that these are strictly adhered to.
Guests are requested to use the outdoor shower before entering the pool to remove any excess suntan lotion as this helps to maintain the chemical balance of the water and prevent any staining on the pool liner.
Pool towels are not supplied and bathroom towels are not permitted to be used around the pool area. In the event that bathroom towels are found to be used around the pool area, a deduction from the guest damages deposit will be made for the additional cleaning or replacement of these towels.
No glasses, china or bottles are permitted around the designated pool area (the fenced in area around the pool). Please use the plastic cups and glasses provided. If glass or china should fall into the pool the owner may have to empty the pool to clean and refill the pool. This may take several days and the guest may lose their security deposit. No refunds for being unable to use the pool will be issued in this event.
Children under the age of 18 are to be under adult supervision at all times as the owner cannot be responsible for their safety as there is no lifeguard facility. No liability can be attached to the owner for unsupervised children or adults injured as a result of swimming. The guest is responsible for ensuring users of the swimming pool are properly supervised at all times.
The pool is fitted with a safety alarm that complies with current safety regulations.
The owner reserves the absolute right to close the swimming pool or restrict the hours of swimming use for any period of time in circumstances which the owner, in their sole discretion, deem necessary in the interests of health and safety.
The owners are not responsible for any loss or inconvenience which may be suffered due to unforeseen failure of the pumping/filtration or any other equipment used in the swimming pool.
11. Sanitation
The sanitation system at Gites de Pommier works on a septic tank system. Therefore we ask guests not to put anything down the toilets other than the toilet paper provided. Putting anything else down the toilet may cause it to block and may result in a deduction from the damages deposit. Please use the bins provided for all other rubbish and sanitary products/nappies.
12. Services
The owner will not be held responsible for any failure, stoppage or interruption to services to the accommodation, for example, water and electricity. Wi-fi is provided for free and very rarely the connection is reset by the provider and may be interrupted for some time. If this happens the owner will not be liable for loss of this service due to connection, environmental or human error and no support service is available.
The equipment must not be modified, adjusted or interfered with in any way and if any of the hardware is found to have been tampered with, causing a malfunction or interruption of the system or internet services, the security deposit will be retained by the owner.
The owner will not be liable for any loss, damage, injury or death resulting from adverse weather conditions, fire, riot, strike, war or other matters beyond control of the owner.
13. Our expectations of you (and your group)
You must not:
• smoke anywhere inside accommodation or around the pool area. This includes the smoking of e-cigarettes. Permitted smoking areas will be identified on site and cigarette butts must be distinguished safely and put in the rubbish. Smoking in accommodation or outside of the designated smoking area will result in a deduction from your damages deposit.
• bring any pets into accommodation.
• leave dirty dishes, or untidy work surfaces and cooker before check-out.
• bring any potentially dangerous or hazardous materials or equipment onto the property.
• tamper with any fire alarms or emergency equipment. • utilise accommodation to store items (personal or otherwise) which could in the sole opinion cause damage to the room or be a risk to the health and safety of the guests and property.
• prevent Gites de Pommier accessing the accommodation for cleaning or inspection at time of departure. • remove, damage or destroy any of our property.
• use any of the technology provided by Gites de Pommier to download or access any unlawful or obscene material; or cause unreasonable disturbance to our neighbours.
• light candles or any type of incense or any other flammable material.
• do or permit any act that would make any insurance policy on the property void or voidable or increase the premium.
• block or put noxious or damaging substances into the sinks, baths and lavatory cisterns or waste or soil pipes in the property or allow them to overflow.
• Charge electric vehicles using our network as this may create a power cut and the owner does not have the appropriate insurance for charging these vehicles.
• change any locks to the property or have any duplicate keys made.
• do anything that may cause a nuisance or annoyance to the owners or to any other occupier, Guest or neighbour of adjoining properties or do anything at the property that is illegal or immoral. Noise disturbance after 10pm and before 7am is not acceptable.
You must:
• undertake to provide all suitable childproofing safety equipment if arriving with small children.
• store general rubbish only in black plastic bags and close the external rubbish bins after use, separate recyclable rubbish into the designated bins. Take a duty to dispose the rubbish into bins provided. You are requested to take all glass and bottles to the bottle banks identified in the welcome pack prior to your departure.
• ensure that at the check-out the property is cleared of your effects and accommodation is left in good repair and reasonably clean condition and make good, pay for the repair or replace of such items of the fixtures, furniture, furnishings and other effects as shall be broken, lost, damaged, or destroyed save as for reasonable wear and tear excluding matters covered by insurance.
• to take all reasonable precautions to prevent condensation by keeping the property adequately ventilated and heated.
• must close all external doors and windows when not in the property or during bad weather. Sun shades will need to be retracted during windy conditions to prevent them from tearing.
• report any plumbing, electrical or general problem to the owners as soon as practicably possible and to desist from attempting to remedy such problem on their own.
• ensure that the number of people occupying the property does not at any time exceed the maximum number of permitted occupants set out in your booking of the relevant property. Failure to do so may result in the cancellation of your booking without refund.
If you or your group cause damage or loss of any kind to the accommodation, other guests or their property, you (as the person making the booking) will be responsible for that damage or loss and you shall be liable to pay the owner on demand the amount required to make good or remedy such damage or loss.
You and the members of your group must not resell or transfer your reservation (or any part of it) nor advertise, market or otherwise offer any Gites de Pommier accommodation for sale either on its own or as part of a combined offer. Gites de Pommier will not honour any reservations made in this way and does not accept any liability for doing so.
If you or your group cause damage to the accommodation, guests or their property, or otherwise breach any of these terms and conditions, we reserve the right to:
• cancel your reservation with immediate effect and (if appropriate) eject you from accommodation.
• cancel key entrance codes/remove locks/keys.
• restrict access to the accommodation.
• remove your items from the accommodation, disposing of such items (at no cost and no liability) to a local charity to the extent such items are not collected from us within 7 days of removal;
• retain all sums paid by you and/or charge you the full amount of your reservation; and/or
• refuse future reservations from you and/or refuse you entry or accommodation at any of our accommodations.
The owner will not be liable for any refund or compensation in such circumstances. The owner reserves the right to decline or cancel reservations made and stays in progress by those who have previously breached these terms and conditions (as may be updated from time to time), whether the reservation is in that name or not.
14. Data Protection Policy
We keep your personal data safe and secure. This personal data will be subject to the appropriate legal safeguards as specified in the GDPR Compliance Data Protection Act 2018. Gites de Pommier fully endorse and adhere to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied in relation to obtaining, handling, processing, transportation and storage of personal data.
The principles require that the personal data shall:
1. Be processed fairly and lawfully purpose and shall not be processed in any manner incompatible with that purpose;
2. Be obtained for a specified and lawful purpose and shall be processed in any manner incompatible with that purpose;
3. Be adequate, relevant and not excessive for those purposes;
4. Be accurate and, where necessary, kept up to date;
5. Not to be kept for longer than is necessary for that purpose;
6. Be processed in accordance with the data subjects rights;
7. Be kept secure from unauthorised or unlawful processing and protected against accidental loss, destruction, or damage by using the appropriate technical and organisational measures;
8. And not be transferred to a country or territory outside the European Economic Area, unless the country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
15. The contract
This contract formed when we confirm your reservation is between you and Gites de Pommier. No other person shall have any rights to enforce any of its terms.
16. Your Rights
Your statutory rights are not affected by anything contained within these Terms and Conditions of Hire.
17. Our liability
Gites de Pommier shall have no liability to the Guest for the death or personal injury to them or any members of their party unless this results from an act or omission on our part. We do not seek to exclude our liability for fraudulent misrepresentation by us. We do not accept liability for failure to meet any of our obligations where such failure is due to events beyond our reasonable control. If we breach these terms and conditions for reasons within our control we shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such breach.
This contract is governed by French law in all its aspects including formation and interpretation and is deemed to have been concluded in France. Any proceedings arising out of or in connection with this contract may be brought exclusively in any court of competent jurisdiction in France and the parties to the contract hereby waive and revoke any right to commence or continue proceedings in any other court or jurisdiction.
18. Severability
If any part of these terms and conditions is deemed invalid, illegal or for any reason unenforceable then that part will be deemed deleted and will not affect the validity and enforceability of the remaining parts. Any failure by us to enforce our rights or remedies under these terms and conditions or otherwise shall not be construed as a waiver by us of those or any other rights or remedies. All rights not expressly granted in these terms and conditions are reserved.
19. Contact us
If you require further information or have any questions regarding our website or these terms and conditions, then please feel free to contact us via email.
