Legal notice

# GENERAL TERMS AND CONDITIONS FOR THE RENTAL OF FURNISHED HOLIDAY ACCOMMODATION ## L’ÉCRIN CHARNEL These General Terms and Conditions of Rental (hereinafter ‘GTC’) set out the rights and obligations of the parties in relation to the booking and rental of the holiday accommodation **L’Écrin Charnel**. Any booking implies that the guest has read and accepted these General Terms and Conditions of Rental, as well as the house rules applicable to the accommodation. --- ## ARTICLE 1 – PARTIES TO THE CONTRACT This contract is entered into between: **The lessor:** **L’Écrin Charnel** SIRET: 10859958000017 12 place de la Résistance 86220 Port-de-Piles Telephone: 06 64 69 50 50 Email: [lecrin.charnel@gmail.com](mailto:lecrin.charnel@gmail.com) Hereinafter referred to as ‘the lessor’, And: The person making the booking, hereinafter referred to as ‘the customer’, whose contact details are collected at the time of booking. The guest declares that they are of legal age, have the necessary legal capacity to enter into a contract, and undertakes to provide accurate information when making their booking. The accommodation is intended exclusively for guests of legal age. --- ## CLAUSE 2 – PURPOSE OF THE CONTRACT The purpose of this contract is the short-term, furnished let of the holiday accommodation **L’Écrin Charnel**, intended to accommodate **a maximum of two adults**. L’Écrin Charnel is a private accommodation for couples, comprising, in particular, relaxation areas, a two-seater spa bath, an XXL shower, a bedroom, as well as various facilities and accessories designed to promote the well-being, relaxation and privacy of the occupants. The accommodation also includes a secret room containing specific equipment, the use of which is optional and remains the responsibility of the users. The description, photographs, facilities, amenities and services offered are those presented to the customer at the time of booking. The let is granted exclusively on a temporary and tourist basis. It may not constitute the customer’s main or permanent second home. Any commercial, professional or event-related use, or use intended for the organisation of a reception, is prohibited without the lessor’s prior written authorisation. --- ## ARTICLE 3 – LENGTH OF STAY, CHECK-IN AND CHECK-OUT The length of stay is determined at the time of booking. Unless otherwise specified to the customer: **Check-in is from 6.00 pm.** **Departure must take place by 11.00 am at the latest.** Early arrival or late departure may be offered as an option or subject to prior agreement with the landlord, subject to availability. The guest has no right to remain on the premises beyond the booked period. ### Self-access To ensure the privacy of the occupants, access to L’Écrin Charnel is primarily self-service. The information required to access the accommodation, as well as any access codes, is provided to the guest in accordance with the terms set out by the landlord. This information is strictly confidential and must not be disclosed to anyone not included in the booking. The customer must ensure that the doors and access points to the accommodation are properly secured when leaving the premises, whether temporarily or permanently. --- ## ARTICLE 4 – BOOKING, PRICES AND TERMS OF PAYMENT The applicable price is that communicated to the customer at the time of booking. It includes the services expressly stated as being included in the booked offer. Any options or additional services chosen by the customer will be charged as extras where they are not included in the price per night. The booking becomes final upon receipt of the required payment and completion of any necessary formalities regarding the security deposit. The accepted methods of payment are those offered by L’Écrin Charnel at the time of booking. ### Tourist tax The applicable tourist tax is not necessarily included in the nightly rate. Where it is due, it is calculated in accordance with the applicable statutory rate and brought to the customer’s attention. ### Services and options Certain services may be ordered prior to the stay, in particular decoration services, products, trays, gift sets or other options offered by L’Écrin Charnel. Some options requiring advance preparation may no longer be available if requested at short notice. Products or gift sets intended to be taken away by the guest after their stay must not be confused with the permanent fixtures and fittings belonging to L’Écrin Charnel. --- ## ARTICLE 5 – SECURITY DEPOSIT AND FINANCIAL LIABILITY A **security deposit of €500** may be required from the guest prior to their arrival at the accommodation. The terms and conditions governing the payment, retention and refund of this deposit will be provided at the time of booking. The purpose of this deposit is, in particular, to cover: * any damage to the accommodation; * damage caused to furniture or fittings; * missing items, accessories or equipment; * damage caused to the spa facilities or other installations; * repair costs resulting from abnormal use of the accommodation; * exceptional cleaning costs necessitated by the condition in which the accommodation is returned. The security deposit does not constitute a limitation of liability. Where the amount of damage actually recorded exceeds the amount of the security deposit, the landlord may request that the guest reimburse the additional amount corresponding to the loss suffered, upon presentation of evidence justifying this request. Any defects or damage already present on arrival must be reported to the landlord as soon as possible. Failing this, any damage noted after the stay may be attributed to the guest where there is evidence to establish that it occurred during their occupation. --- ## ARTICLE 6 – CANCELLATION, AMENDMENTS AND NO-SHOW Any request for cancellation or amendment must be sent to the lessor at: **[lecrin.charnel@gmail.com](mailto:lecrin.charnel@gmail.com)** The applicable cancellation and refund terms are those communicated to the guest at the time of booking. Any change of date is subject to the lessor’s approval and to availability at L’Écrin Charnel. In the event that the customer fails to arrive on the scheduled date, any sums paid will be dealt with in accordance with the cancellation terms accepted at the time of booking and the applicable legal provisions. In the event of voluntary early departure during the stay, unused nights or services shall not give rise to a refund, unless otherwise agreed by the landlord or provided otherwise by law. --- ## ARTICLE 7 – OCCUPANCY AND CUSTOMER OBLIGATIONS The guest undertakes to use the premises in a peaceful manner and to respect the accommodation, its facilities and the neighbourhood. ### Maximum capacity L’Écrin Charnel is intended exclusively for **a maximum of two adults**. Children and minors are not permitted in the accommodation. The guest may not allow any additional person into the accommodation without the landlord’s prior consent. Parties, social gatherings or events involving people not included in the booking are prohibited without prior authorisation. ### Respect for the premises The guest undertakes to: * use the equipment for its intended purpose; * follow the instructions and guidelines provided; * not move the furniture or fixed fittings; * take care of the accommodation and its facilities; * return any items used to their designated places; * report any incident, malfunction or damage promptly; * not attempt to repair or dismantle any equipment themselves in the event of a breakdown; * secure the property properly when absent or upon leaving the premises permanently. ### Disturbances The guest must respect the peace and quiet of the neighbourhood. Audio equipment, televisions and speakers must be used at a reasonable volume. Particular care must be taken regarding noise disturbances between **10.00 pm and 8.00 am**. --- ## ARTICLE 8 – USE OF EQUIPMENT AND LIABILITY L’Écrin Charnel contains equipment that requires careful use. The guest acknowledges that it is their responsibility to familiarise themselves with the instructions provided in the accommodation before using the equipment. ### Spa The spa must be used exclusively in accordance with the instructions provided. In particular, the guest must comply with: * the filling instructions; * the instructions relating to the pumps and jets; * the recommendations regarding temperature; * the list of products permitted or prohibited in the water; * the guidelines for preventing damage to the system. It is forbidden to use any products in the spa that may damage the pumps, pipework, filters or other components of the system. Any use that is clearly contrary to the instructions and results in damage may render the customer liable. ### Intimate equipment and private area The use of intimate equipment and accessories is entirely optional. Each user must assess their own ability to use the equipment and must follow the instructions and safety precautions provided. The equipment must not be used for any purpose other than its intended use, nor must it be used in a manifestly dangerous manner. Where the use of equipment requires a lubricant, only a **water-based lubricant** must be used where this is specified. Accessories provided must be returned to their designated locations after use. The lessor shall not be held liable for any damage resulting from careless, inappropriate or unauthorised use, subject to the lessor’s statutory liabilities. --- ## ARTICLE 9 – HOUSE RULES The house rules of L’Écrin Charnel form an integral part of these General Terms and Conditions of Let. ### Smoking **Smoking is strictly prohibited inside the accommodation**. An outdoor area is provided or may be used for this purpose. Cigarette ends must be disposed of in the designated containers and must under no circumstances be thrown on the ground. ### Narcotics The possession and consumption of narcotics are prohibited throughout the property. ### Alcohol Bringing alcohol from outside is prohibited in accordance with the house rules of L’Écrin Charnel. ### Pets Pets are not permitted, unless expressly agreed in advance by the landlord. ### Furniture and décor Furniture, decorative items and fittings must not be moved, dismantled or used for any purpose other than their intended use. ### Hygiene and cleanliness The price of the stay includes routine cleaning of the accommodation between bookings. The guest is therefore not required to carry out a thorough clean before departure. However, they must leave the premises in a respectable condition, consistent with normal use. Additional charges may be incurred where exceptional cleaning is required, particularly in the event of particularly heavy or unusual soiling. ### Damage Any breakages or damage must be reported to the landlord, including where they are accidental. The cost of repair or replacement may be claimed where the guest is liable. ### Safety It is forbidden to disable or damage any safety devices present in the accommodation. Candles or other devices producing an open flame must not be used outside any facilities expressly provided for this purpose. ### Photographs and videos Photographs and videos taken strictly for personal use are permitted in areas where no specific prohibition is indicated. **Photographs and videos are prohibited in the secret room.** Any photo or video shoot of a professional, commercial or promotional nature, or intended for public dissemination, requires the lessor’s prior consent. ### Respect for privacy L’Écrin Charnel is designed to preserve the privacy of its guests. Guests must also respect the privacy of other people and ensure they have their consent before taking any photographs or videos of them or sharing such images. --- ## ARTICLE 10 – FAULTS, INCIDENTS AND CIRCUMSTANCES BEYOND THE LANDLORD’S CONTROL In the event of a breakdown, malfunction or incident during the stay, the guest must notify the lessor as soon as possible so that a solution can be sought. The lessor undertakes to take all reasonable steps necessary to remedy any malfunctions reported to them. A temporary breakdown of equipment shall not automatically entitle the guest to a full refund of the stay. The situation will be assessed on the basis of the nature of the equipment concerned, the duration of the unavailability, its actual impact on the stay and the applicable legal provisions. The lessor shall not be held liable for the consequences of an external event reasonably beyond its control, such as a general power or water cut, an exceptional weather event or any other case legally classified as force majeure. This provision does not deprive the guest of the rights to which they are entitled under applicable legislation. --- ## ARTICLE 11 – PERSONAL BELONGINGS AND ITEMS LEFT BEHIND The guest remains responsible for their personal belongings during their stay. The lessor shall not be held liable for the loss, theft or damage to any item belonging to the customer, except where the lessor is legally liable. In the event of an item being left behind after departure, the customer is asked to contact L’Écrin Charnel as soon as possible. Once the item has been found, its dispatch may be arranged at the guest’s request. Any postage and packaging costs shall be borne by the guest. --- ## ARTICLE 12 – PERSONAL DATA The personal information collected at the time of booking is used to: * process and manage the booking; * communicate with the customer; * organise the stay; * prepare the necessary accounting documents; * comply with applicable legal and regulatory obligations. Data is processed in accordance with the General Data Protection Regulation (GDPR) and the applicable French provisions. It is only disclosed to third parties where this is necessary for the fulfilment of the booking or required by law. The customer has the rights set out in the regulations concerning their personal data, in particular the rights of access, rectification, erasure, restriction and, where applicable, objection. Any enquiries may be addressed to: contact@lecrincharnel.fr --- ## ARTICLE 13 – TERMINATION OF THE STAY DUE TO FAILURE TO COMPLY WITH THE RULES In the event of a serious breach of these General Terms and Conditions of Let or the house rules, in particular in the event of the presence of unauthorised persons, significant disturbances, dangerous behaviour, wilful damage, unlawful activity or manifestly improper use of the facilities, the lessor may require the guest to cease the behaviour in question immediately. Where the seriousness of the situation so warrants, and within the limits permitted by applicable legislation, the landlord may terminate the stay. Any damage or costs incurred shall be borne by the person responsible where their liability is established. --- ## ARTICLE 14 – LIABILITY AND INSURANCE The guest is liable for any damage caused to the accommodation, furniture and facilities during their stay. The guest is advised to take out third-party liability insurance which, where applicable, includes holiday cover suitable for short-term rentals. The landlord shall not be held liable for any damage resulting from the customer’s negligence, improper use of the facilities or failure to comply with the instructions provided. However, no provision of these terms and conditions shall have the effect of excluding or limiting the landlord’s liability where such liability cannot legally be excluded or limited. --- ## ARTICLE 15 – COMPLAINTS, MEDIATION AND DISPUTES In the event of any difficulty or complaint regarding the stay, the guest is invited to contact L’Écrin Charnel in the first instance in order to seek an amicable solution. Any complaint may be addressed to: **L’Écrin Charnel** 12 place de la Résistance 86220 Port-de-Piles Email: **[lecrin.charnel@gmail.com](mailto:lecrin.charnel@gmail.com)** If a prior complaint to the lessor is unsuccessful, the consumer may, free of charge, refer the matter to the **consumer ombudsman responsible for L’Écrin Charnel**, in accordance with the provisions of the Consumer Code. **Consumer Ombudsman:** To be completed after registering with a listed mediator. If an amicable resolution cannot be reached, the parties may bring the matter before the competent court in accordance with the applicable legal provisions. --- ## ARTICLE 16 – ACCEPTANCE OF THE TERMS AND CONDITIONS Confirmation of the booking implies that the customer acknowledges having had the opportunity to familiarise themselves with: * these General Terms and Conditions of Rental; * the house rules of L’Écrin Charnel; * the essential characteristics of the accommodation; * the price and the services ordered; * the cancellation terms applicable to their booking. The customer acknowledges that they accept these terms and conditions in their entirety prior to the final confirmation of their booking. These General Terms and Conditions of Rental shall apply in the version provided to the customer on the day of their booking. **L’ÉCRIN CHARNEL** 12 place de la Résistance – 86220 Port-de-Piles SIRET: 10859958000017 06 64 69 50 50 email: contact@lecrincharnel.fr