Terms and Conditions

1 TERMS

1.1 The property is offered for holiday rental subject to confirmation by the owners.

1.2 The terms “you” and “your” refer to the party leader, the “guest” on the Booking Confirmation & Invoice and all members of their party. The terms "us” “we” and “our” refer to the owners.

1.3 The term BCI is used to represent our Booking Confirmation & Invoice. The term T&Cs is used to represent these Terms and Conditions.

1.4 The terms "agreed by us" and "our prior agreement" mean you must have our written (including email) agreement.

1.5 The term "deposit" is used in the English language meaning of the word but deposits are payable and accepted under the French "arrhes" legal definition.

1.6 Whilst we will never knowingly mislead you, we may on occasion make errors in our communications with you, as indeed you might with us. All communications between us are accepted to be "Errors & Omissions Excepted" and any statements may be withdrawn without prejudice at any time prior to final payment.

1.7 We reserve the right to amend these T&Cs and their Annexes at any time. The change(s) will become effective immediately but will not apply to existing confirmed bookings.

2 BOOKING

2.1 An enquiry will only be considered by us to be a reservation or booking once clause 2.2 has been effected.

2.2 Subject to availability, and upon your request by e-mail or telephone, a provisional reservation will be made.

2.3 To ratify the provisional reservation we must receive, within 2 days, written (including email) confirmation that you would like to book, the names and home addresses of all party members, your landline telephone number and the ages of all those under 18 at the date of arrival. To comply with French law we are required to record upon arrival the nationality, place and date of birth of all party members. To avoid form filling on arrival we request that this information is provided at the same time as the above for inclusion on your BCI. If you do not provide a verifiable home address we cannot ratify your booking without additional authentication.

2.4 The person making the booking (i.e. the guest/party leader) must be a member of the party occupying the property and must be aged 25 years or over.

2.5 Only once the above are fulfilled, a BCI will be sent by e-mail. This will contain full information relating to the booking and payment.

2.6 Upon receipt, you must check the BCI carefully and if any of the information is incorrect, contact us immediately. Mistakes or errors, however caused, cannot necessarily be rectified at a later date.

3 PAYMENT

3.1 A booking deposit of 25% of the total rental must be paid within 7 days of the date of the BCI, preferably by personal internet banking transfer (for other payment methods see 3.7). In paying the deposit you certify that you accept and are authorised to agree to these T&Cs and any applicable Annexes on behalf of all persons detailed and all those added or substituted at a later date, should such changes be accepted by us.

3.2 A security deposit of €300 is payable with your final payment. This will be returned to you within seven days of your departure, subject to the terms of the Security deposit:

In common with the vast majority of holiday home owners we ask for a Security Deposit so that we have some redress in the unlikely event of damage or loss. Although we have never withheld any part of a client’s Security Deposit there are circumstances in which we reserve the right to do so and, rather than list these in our general Terms & Conditions we have set out those circumstances here. In all cases, if the cost of repair or replacement exceeds the value of your Security Deposit we reserve the right to claim from you the actual costs incurred.

We accept there will be the odd broken glass, etc. so please tell us of accidents at an appropriate time but straight away if they impact upon your holiday so that we can rectify them quickly and without fuss.

In the event of a situation arising where we cannot reach an amicable agreement the following text will apply to section 3.2 of the general Terms & Conditions.

D1. Fair wear and tear of all items or normal breakdown of equipment will not be considered by us as damage so long as things have been used in accordance with normal practice and have not been used in a manner proscribed elsewhere.

D2. The party leader is responsible for any damage or loss caused by all members of the party including children, persons who cannot be held responsible in their own right, persons invited into the house and all pets whether they belong to you or not.

D3. Accidental damage should be apparent. If anything is damaged, whatever the situation, please tell us so we can agree an amicable and speedy resolution. We ask that you do not conceal any damage as the house and contents are checked completely after each visit to ensure there are no safety or maintenance issues.

D4. True accidental damage aside, breakage or soiling of the contents of the house or damage to the building or its decorations caused by inappropriate use, carelessness or loss of control will be charged at the repair or cleaning cost if possible or full replacement value if repair or cleaning is impracticable. Please also see additional conditions applying to pets, if appropriate.

D5. You must leave the house and all equipment in the same general state of repair and cleanliness as you found it. The house will be prepared and set up to our required high standards prior to arrival but the rental price does not include an end of let clean as such. We reserve the right to charge for any excess cleaning costs.

D6. Any damage to equipment caused by attaching your own devices, reconfiguring it or relocating it will not be accepted as breakdown. We will charge the cost of repair or replacement.

D7. Any damage caused by exceeding design parameters will not be accepted as accidental. We will charge the cost of repair or replacement.

D8. In the event of damage or breakdown caused by you, for whatever reason, we will use our best endeavours to repair or replace the affected item(s) but we offer no guarantees of timescales and no compensation for loss of amenity or service will be paid.

D9. Mattress protectors are provided so the soiling of the mattresses themselves will be considered avoidable and we will claim the full replacement cost from you as we cannot adequately clean mattresses and do not expect subsequent guests to encounter stained bedding. Soiled duvets and pillows (which have protectors) will be professionally cleaned or, if this is impracticable, replaced and we will deduct the cost from your Security Deposit. We will also deduct the cost of unreasonably soiled bed linen, towels or other household items.

Payment of the Security Deposit by any other means, e.g. cash or cheque, is not accepted unless agreed by us prior to your arrival.

3.3 The balance (including the security deposit) must be paid with cleared funds not less than 7 days prior to your arrival at the property.

3.4 We are entitled to treat your booking as cancelled if you fail to pay the booking deposit or balance on time.

3.5 Bookings accepted within 7 days of your arrival at La Noix must be paid in full, with cleared funds, prior to your arrival, including the security deposit.

3.6 Only the invoiced sums are to be paid. Under no circumstances will over-payments be refunded prior to the completion of your holiday.

3.7 If you wish to pay by any method other than personal internet banking transfer or if your booking involves currency exchange please see below:

E Commissions & Fees

Neither you nor we need to pay surcharges to third parties to effect payment. Whilst you are of course welcome to pay by any method you choose, the amounts credited to our account must be the full invoiced sums. All charges, whether incurred by you or us, must be borne by you.

Internet Banking

Our preferred methods of payment are direct personal electronic transfer using internet banking or bank transfer from your bank to our French account in Euros. Your Booking Confirmation and Invoice will be priced in Euros and include full details of our French bank account. If you wish to pay in GBP we recommend you use e.g. wise.com which is very easy to navigate and you can transfer the exact amounts in Euros at low cost. If you prefer to pay us directly in GBP into a UK bank account please contact us and we will provide our UK bank details, but please see below.
Cheques, etc.

We do not accept personal cheques, company cheques, third-party cheques, bank drafts, holiday vouchers, etc.
Inter-Bank Transfers

Some forms of bank transfers are free of charge but others are not. Any transfer costs you incur are entirely at your own discretion and any transfer costs we incur must be factored in to your payment so that the amount actually credited to us in Euros is the full amount invoiced.
Cash

We will, according to the circumstances, accept cash (Euros only) upon arrival for all or part of the rental charge and/or Security Deposit. No discount will be given for cash payments; all of our revenue is fully disclosed.

3.8 Our published rates are in Euros with payment to be made into our French bank account at the exact Euro amounts invoiced but we can also accept payment in GB Pounds for payment into our UK bank account. If you are booking and/or paying from outside the Eurozone please see E section above.

4 CONTRACT

4.1 Upon receipt of your booking deposit a binding contract between you and us will come into existence and these T&Cs will be deemed to be accepted by both parties and form part of that contract.

5 ARRIVAL AND DEPARTURE

5.1 You may arrive on any day of the week. Normal arrival is between 15:00 and 20:00 local time. You should vacate the property by 10:00 on the day of departure. With our prior agreement, depending on other bookings, it may be possible for an earlier arrival or later departure time.

5.2 For your security and our comfort, you agree to advise us, before 10:00 on the morning of your arrival, of your point of entry or landing time in France (or place of departure within France) and your anticipated arrival time. You agree to update us with your progress by text message or other means e.g. WhatsApp, Messenger, etc. whilst en route and for us to contact you by such means if we do not hear from you or see fit to request an update. We will not bother you unnecessarily but we care about our guests' well-being and unless we have some idea of your progress we cannot anticipate if something has gone wrong and be in a position to offer or seek assistance.

5.3 Given adequate notice and communication we will be as accommodating as we can. However, as La Noix is a single-booking property, not an hôtel or chambres d'hôte with flexible arrival times, you agree to make every effort to arrive at a reasonable time, broadly in line with clause 5.1, unless otherwise agreed by us, at the time of booking in the case of transport arrangements or at least one week before your arrival date for planned itinerary changes. Few days before your arrival, you will receive Check in details plus driving guide and keybox code.

5.4 If we find anything that has been left behind during your stay, we will contact you and will, at your request, return it to you by whatever means you choose. If any of our property is accidentally taken away by any member of your party, you must contact us immediately you discover it and we will decide if we require you to return the item(s). We will use our best endeavours to minimise expense but all carriage costs must be borne by you.

6 INSURANCE

6.1 We strongly advise that all members of your party have comprehensive travel insurance, including full cancellation cover for all eventualities, for the party's personal belongings, public liability, personal accident, and damage to our property, etc. Whilst we do not require proof you have insurance, in making the booking you acknowledge that you understand the importance of our advice and absolve us of all legal or moral obligation for any of the above. Any claims must be made direct to the insurance company or other body concerned.

6.2 We strongly advise that all members of your party have appropriate medical cover for France, at the very least by way of an EHIC. Any claims must be made direct to the insurance company or other body concerned.

6.3 We strongly advise that, unless you are certain that you are fully covered, you notify your vehicle insurance provider of your trip and obtain confirmation that your cover is appropriate for your needs.

6.4 We strongly advise that you have comprehensive vehicle breakdown insurance and that the terms of any manufacturers or second-market warranty provide cover whilst in France.

6.5 Your use of the property or its facilities is entirely at your own risk - you must have your own insurance.

7 CANCELLATION OR ALTERATIONS BY US

7.1 Cancellation initiated by us without external edict and with no grounds on your part is not envisaged unless the cause is of a very serious nature in which case, if we are in a position to do so we will do all we can to assist you in finding suitable alternative accommodation should you so wish. We will inform you as soon as possible and a full refund of all monies paid by you will be given within 7 days. In the event of cancellation by us in this situation our liability shall be limited to refunding all monies paid and the terms of the "arrhes" deposit definition (clause 8.2a) shall not apply.

7.2 Cancellation advised to you by us as a result of government legislation, decree or official recommendation whether in France or your home country, which prevents us from receiving or accommodating guests, will be subject to French law pertaining to the situation at that time. We will not consider this as cancellation by us and our normal cancellation terms (see section 8) will apply. To be certain you receive financial recompense your travel insurance must include cover for such eventualities.

7.3 In the event of materially incorrect information being provided to effect a booking or information comes to light that would have resulted in our declining it originally, we reserve the right to annul the booking, whether or not any payment has been made, and treat such annulment as a cancellation by you (see section 8).

8 CANCELLATION OR ALTERATIONS BY YOU

8.1 Cancellation by you must be notified in writing, including e-mail and must specifically state you wish to cancel your booking. The effective date is the date we receive this. Any other communications that imply but don't explicitly state you wish to cancel cannot be accepted as notification as we have a contractual obligation to fulfil your booking unless clearly cancelled. The cancellation date will be the date this becomes unequivocal.

8.2 Except as set out below we will not make any refund for cancellation. Legislation, decrees, requirements or advisories issued by your home country will not be accepted as grounds for a refund. To receive full financial recompense, you must have your own insurance that covers the cause of your cancellation. We will, upon request, provide an attestation confirming your booking was ratified, has been cancelled, the reason given, the dates of your booking and all sums invoiced, paid and retained.

8.2a As per clause 4.1 your booking deposit is payable and accepted under the French "arrhes" legal definition of a deposit. Unlike the alternative and stricter "acompte" legal definition, paying the deposit does not oblige you to complete the booking but it is lost if you cancel, unless the contract provides for the possibility of recovering some of the deposit in the event of cancellation (see below).

8.2b Notwithstanding the legal definition, should you cancel, we will refund a percentage of the booking deposit, depending on the notice given. The cancellation charge will be…

• 0 – 7 days prior to arrival date = 100% of booking value

• 7 – 14 days prior to arrival date = 100% of deposit

• 15 - 30 days prior to arrival date = 50% of deposit

• 31 or more days prior to arrival date = Full refund

8.2c If you cancel 7 days or less prior to your booked arrival date or the booking is voided due to your non-payment of the balance due, we will retain all monies paid, except the security deposit, if paid, which will be refunded in full.

8.2d Bookings rescheduled to later dates, at our discretion, will become subject to the Terms & Conditions prevailing at the date of our accepting the change, except booking deposit cancellation charges which remain calculated from the original arrival date.

8.3 In the event of cancellation deemed by us to be as a result of the deliberate provision of materially incorrect information, failure to provide the information required under clause 2.3 or fraud, you will lose any monies paid.

8.4 Any claims for cancellation covered by your insurance must be made direct to the insurance company concerned. Booking deposits and balance payments will not be refunded by us except as set out above.

8.5 Alterations that require reconfiguration of beds must be requested by you and agreed by us at least 14 days prior to your arrival.

8.6 Any requested alteration to a booking that we choose not to accept which leads to your cancelling the booking will be considered as a cancellation by you and the above conditions will apply. No reduction or refund will be made in the case of booked persons who do not ultimately stay in the property.

9 YOUR RESPONSIBILITIES

9.1 You must keep the property and all the furniture, fittings, facilities and equipment in the same state of repair and condition as at the start of the holiday and in the same state of cleanliness and general order in which it was found. You will be responsible for any breakages, losses or damage to the property or its contents caused by members of your party or third parties permitted access to the property by any member of your party.

9.2 You must report to us without delay any defects to the property or breakdown of the equipment, machinery or appliances in the property and grounds. Arrangements will be made for repair or replacement, at our discretion, as soon as possible. You must not move, reconfigure, re-plug or physically connect any devices to our equipment.

9.3 Upon arrival you will be given a user-booklet containing useful local information and apartment rules. You agree to respect this advice. It is your responsibility to impress upon all members of your party and all visitors our requirements in respect of the apartment rules.

9.4 Upon departure you must leave the property clean and tidy and remove all waste.

10 NUMBER OF PEOPLE USING THE PROPERTY & GUESTS OF YOUR OWN

10.1 The apartment is considered to be at full capacity if let to a maximum of four persons or each bedroom is occupied. All guests must sleep at night in a bedroom in the beds provided. Nobody may sleep at night on e.g. sofa or floors. You must not move beds, bedding or any furniture from one room to another.

10.2 All bookings are accepted based on the information provided at the time of booking, with reasonable amendments permissible up to 30 days prior to arrival, with our written agreement only. Your booking is for your named party, as listed on the BCI, amened by us if appropriate, to be accommodated and not for renting the property as such, i.e. it is not let with a capacity which may be further utilised at a later date, unless agreed by us in writing at least 30 days prior to arrival. Your booking does not automatically entitle you to add additional people or pets or make substitutions at a later date and we reserve the right to decline such alterations or charge a supplement for any changes that we do accept. We retain the right to terminate hire without prior notice and without refund or compensation if the agreed numbers are exceeded or if persons not named on the BCI stay overight. Before you book please satisfy yourself that our terms of business are suitable for the manner in which you intend to occupy the property.

10.3 You may have, in reasonable numbers, lunch, dinner or occasional guests but your guests are not permitted to stay overnight without our prior agreement.

10.4 You remain responsible at all times for the behaviour and conduct of your guests and you will be liable for all damage or loss arising.

10.5 Notwithstanding any other considerations, nobody may stay in the property anonymously. We are required by law to have full details, as per the BCI, of all persons occupying the property.

11 BEHAVIOUR

11.1 The party leader is responsible for the correct and decent behaviour of the party. Should any member of the party not behave in such a manner, including health and safety or hygiene matters potentially affecting the property or subsequent guests, we may use our absolute discretion to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the property immediately. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

11.2 The Internet service may not be used for any illegal or subversive activities, including the transfer of pirated material or material illegal under French law. You agree that in the event that we are required to provide information to The Authorities relating to the period of your stay we will divulge your personal details. We will not divulge personal information unless bound by law to do so.

11.3 Candles or e.g. lanterns fuelled by flammable material must not be used in the apartment or inside any structure under any circumstances. Citronella candle insect repellents and similar may be used outdoors only but must not be left lit when unattended. They must be completely extinguished when left.

12 NATURE OF LET AND ADDITIONAL SERVICES AT THE PROPERTY

12.1 The property is let as self-catering and is not “serviced”. Upon arrival it will be clean and beds made up to the agreed configuration. Housekeeping and the making up of beds during your stay is not included.

12.2 Upon request and with adequate notice it may be possible though not guaranteed to arrange an in-let cleaning or housekeeping service. Payment for such service is to be made on location and direct to the provider at the time of provision.

13 BEDDING, TOWELS & LAUNDRY FACILITIES

13.1 Bed linen is included in the rental price and is intended to last one week (or slightly longer depending upon the actual duration). For stays of two weeks or more clean linen will be provided on request. Bed linen is professionally laundered and must not be washed in the domestic equipment supplied.

13.2 We provide all bed linen, professionally laundered and sterilised, as with good hotels, so you can be sure of the purity of our bedding. For reasons of hygiene and to prevent potential pest infestation you must not use bed linen or pillows previously used elsewhere on your holiday. If you do have previously used bed linen etc. you must not bring it into the house, please tell us and we will arrange for it to be safely stored elsewhere.

13.3 Ample clean towels for normal use will be provided upon your arrival but we leave the frequency of washing these to you. You must not remove towels from the house.

13.4 The apartment is equipped for adult use and you must bring with you any particular items required by younger (or older) members of your party.

13.5 Laundry facilities and supplies are provided for your use only, i.e. the washing of your personal soft clothing and items supplied by us (e.g. towels). You agree not to use these for laundering your own bedding from previous accommodation, pet bedding or items belonging to persons who are not named on the BCI.

13.6 You agree to fully reimburse us for damage or irreversible staining to bedding, towels or furnishings, however caused (see D section above).

14 SECURITY, DOORS & WINDOWS

14.1 The area is crime free but valuables left at the property are left at your own risk and we will not be responsible for any loss. Reasonable care must be taken against theft and burglary and it is your responsibility to ensure that all doors and windows are closed and locked when leaving the property.

14.2 Windows must be closed in the event of storms or rain or if there is a likelihood of inclement weather in order to prevent water damage.

15 TAXES

15.1 VAT is not applicable and is not charged (Art. 293 B of the General Tax Code - Member of a micro-enterprise tax regime).

15.2 There is a small Tourist Tax (Taxe de Séjour) payable by all visitors over the age of 18 who stay in accommodation (hotels, gîtes, B&B, campsites, etc.) For La Noix this is currently 2,5 € per person per night and is remitted by us to The Communauté de Communes, which includes our Commune.

16 OUR LIABILITY

16.1 We cannot be held responsible for and no compensation will be paid for events beyond our control or for noise, disturbance or nuisance originating outside the boundaries of the property.

16.2 We cannot be held responsible for and no compensation will be paid for the breakdown of mechanical or electrical equipment, the failure of internet or satellite television services, nor the failure of public utilities or failure to provide services, whatever the cause. Our liability shall be limited solely to rectifying the situation as soon as is reasonably possible.

16.3 We cannot guarantee the quality or speed of third party service delivery, e.g. internet speed and bandwidth, mobile phone signals, TV channels, electricity, water, etc. and no compensation will be paid for our inability to meet your particular expectations or requirements. Our liability shall be limited solely to liaising with suppliers to rectify any subnormal situations as soon as is reasonably possible.

16.4 We cannot be held responsible for any injury, loss or damage to any party members (or their guests), their belongings or their vehicles when using the property, outbuildings, grounds, equipment, or other facilities. The use of these are entirely at your own risk.