Terms and Conditions
1. DEFINITIONS
In these Booking Conditions:-
“the Owner” shall mean, the person or company who owes the Property for rent. This information will be provided within the Rental Terms and Conditions specific to the Property. “the Client” shall mean the person or company in whose name the booking is made and shall include the person or persons on whose behalf the same is made. In the case where the Client be a number of persons, and unless otherwise specified in writing, each individual person within the group is bound to this contract.
“the Property” shall mean the Property advertised for holiday rental on www.lacmontagne.com and selected for the purpose of this booking. Exact address will be provided within the Rental Terms and Conditions of each specific Property
The Signature or the online acceptance of the hereby rental conditions implies the unconditional acceptance of the terms of this rental agreement by the Client, his guests and visitors.
2. BOOKING AND DEPOSIT
To reserve the Property, the Client should complete the online booking form or booking form and click or sign to accept the associated terms and conditions. The Client should then pay the initial deposit 25% of the total rent due. Following successful processing of the deposit payment, the Owner or his representative will send a confirmation email, acting as the formal acceptance of the booking.
3. TERMS OF PAYMENT
The balance of the rent is payable not less than 30 or 14 days before the start of the rental period, depending on the Property. Exact terms will be listed on each Property specific Rental Terms and Conditions provided upon booking request.
If the balance payment is not received by the due date, the Owner or his representative reserves the right to give notice in writing that the reservation be cancelled immediately and without any legal notice or else. The client will remain liable to pay the balance of the rent unless the Owner or LacMontagne Properties Ltd are able to re-let the Property. In this event, clause 6 of these booking conditions will apply. Reservations made within 4 weeks of the start of the rental period require full payment at the time of booking.
Late payments will be subject to interest charges corresponding to 1 per cent per month, each month already started being due. Penalties applicable, never affect the collection of any amounts due because of damages to the Property.
4. INCLUSIONS AND CHARGES
The price includes the linen, heating, water, gas and electricity (up to 500 kw) and the wifi. Any chargeable expenses arising during the rental period should be settled locally with the Owner or its representative before departure.
The Cleaning fees on departure are compulsory.
5. SECURITY DEPOSIT
A security deposit, specific to each Property is required for the rental period and is payable prior to arrival. The Owner or its representative will account to the Client for the security deposit and refund the balance due at the end of the rental. The deposit, free of interest earnings, will be returned as soon as it is proven that:
a) All dues have been paid
b) No furniture, items or linen is missing, damaged or stained, or if such is the case, that replacement for identical or amounts for repairs have been settled to the Owner or its representative
c) The property has not been damaged and rooms are left tidy and in good condition (all waste in cupboards, bins and fridges is disposed off, dishes cleaned and put away, etc) However, the sum reserved by this clause shall not limit the Client's liability to the Owner and in advance agrees to cover the entire amounts requested. A complete inventory is available in the welcome pack provided to the Client upon arrival at the Property. The Client shall check the inventory left at the Property and report any damage, defects or breakdown in the equipment, plant, machinery, appliances or in the garden, any damaged or missing items and report these to the Owner or its representative, within 24h of arrival at the Property. Arrangements for repair and/or replacement will be made as soon as possible without the Client being able to claim any discount or goodwill gesture on the amounts paid.
6. CANCELLATION / AMENDMENTS
The cancellation of the property rental by the Client will cause the loss of the amounts paid at the date of cancellation. In the unlikely event of a cancellation by the Owner or its representative, due to the property being destroyed, substantially damaged or sold before the start of the rental period, the Owner will refund the amount already paid by the Client at the time of the cancellation. In these circumstances the Owner or its representative shall not be liable to the Client for any loss, damage or inconvenience suffered.
Amendments in the bookings are not guaranteed and must be requested in writing. Amendments will be granted exclusively by the Owner or its Representative and will depend on availability. If the amendment cannot be granted, the original booking terms will apply. No amendment request can be made within 15 days of the arrival date. Should the amendment be granted, the fee of GBP 200 will apply, as well as any variation in the rental price due to the change of tariff on the period required. Any stay already started is due in its entirety. No discount or refund will be grated in case of delay in arrival date or early departure. CONDITIONS OF CANCELLATION SPECIFIC TO THE HEALTH CRISIS LINKED TO COVID 19: In the event that the French Government were to declare a State of Emergency during a period covering the rental dates ONLY, The Owner or his Representative, undertakes either to
- Cancel free of charge up to 30 days before the date of arrival - Beyond this date, the 50% deposit paid will be retained, or
- Move the dates of the stay within the period of 18 months from the date of cancellation. If the new period chosen belongs to another rate base, the rental value may have to be adjusted; or - Offer a credit note to the Customer of the value of the amounts paid, valid up to 18 months from the date of the credit note.
7. RENTAL PERIOD
For weekly lettings, arrivals, unless otherwise stated, are from 16:00. The departure time is to be no later than 10:00am. The Owner or its representative shall not be obliged to offer the accommodation before the time stated and the Client shall not be entitled to remain in occupation after the time stated, unless agreed otherwise in writing. If the Property is not vacated within the required times, a fixed fee of GBP 500 per day will apply. This fee is not negotiable and will not affect the collection of any amounts dues for damages to the Property as a consequence of delayed departure.
8. RESPONSIBILITIES
a) The maximum number to reside in the Property must not exceed the number of persons published in the listings on www.lacmontagne.com.
b) The Client agrees to be a considerate tenant, to take good care of the Property and to leave it in a clean and tidy condition at the end of the rental period.
c) The Client undertakes to ensure that doors and windows are locked at all times when the Client leaves the Property whether during the day or at night, and when away from the Property. The Client will be responsible for any loss suffered by the Owner, or which the Owner is unable to claim under his own insurance policy, as a result of theft or illegal entry in the Property if entry is gained via unlocked doors or windows.
d) The Client agrees not to act in any way which would cause disturbance to those residing in neighboring properties.
e) Sub-letting the Property entirely or partially, even for no monetary compensation, is strictly prohibited.
f) The rearrangement or modification of the layout of the Property and its furniture is forbidden. g) Any damaged furniture or item will be invoiced to its replacement value. Any damaged to the Property itself will be charged to the value of the repairs required.
h) The Owner or its representative reserves the right to make a retention from the deposit to cover additional cleaning costs if the Client leaves the property in an unacceptable condition. i) The Client cannot oppose the Owner’s or his representative’s visit of the Property, when they have requested it.
9. LIABILITY OF THE OWNER
The Owner shall not be liable to the Client:
a) for any temporary defect or stoppage in the supply of public services to the Property, nor in respect of any, equipment, plant, machinery or appliance in the property or garden. b) for noise or disturbance originating beyond the boundaries of the Property, or which is beyond the Owner’s control.
c) for any loss, damage or injury which is the result of adverse weather conditions, riot, war, strikes or other matters beyond the control of the Owner.
d) for any loss damage or injury suffered by the Client, his family, children or guests howsoever incurred, during the term of the rental period. The Owner gives no warranty as to the suitability or safety of the house, equipment or grounds for use or occupation by any person other than the Owner and in particular for use or occupation by young persons and children under the age of 18. It is the responsibility of the Client to ensure that all young children are properly supervised by an adult at all times.
e) Personal belongings and valuables are under the sole responsibility of the Clients / occupants
f) Under no circumstances shall the Owner's liability to the Client exceed the amount paid to the Owner for the rental period.
10. LIABILITY OF THE OWNER’S REPRESENTATIVE
LacMontagne Properties Ltd and Annecy Lacmontagne act as a representants of the Owner and shall not be liable to the Client:
a) for any temporary defect or stoppage in the supply of public services to the Property, nor in respect of any, equipment, plant, machinery or appliance in the property or garden. b) for noise or disturbance originating beyond the boundaries of the Property, or which is beyond the Representant’s control.
c) for any loss, damage or injury which is the result of adverse weather conditions, riot, war, strikes or other matters beyond the the Representant’s control.
d) for any loss damage or injury suffered by the Client, his family, children or guests howsoever incurred, during the term of the rental period. The Representant’s give no warranty as to the suitability or safety of the house, equipment or grounds for use or occupation by any person other than the Owner and in particular for use or occupation by young persons and children under the age of 18. It is the responsibility of the Client to ensure that all young children are properly supervised by an adult at all times.
e) The Representant’s cannot be liable for any cancellation should the Property be destroyed, substantially damaged or sold by the Owner, before the start of the rental period f) Under no circumstances shall the Representant’s liability be called upon to cover amounts paid directly or indirectly to the Owner.
11. INSURANCE
The Client is required to arrange a comprehensive travel insurance policy to cover for unforeseen events and to have full cover for the party's personal belongings, personal injury or accident, public liability or in the need of cancellation, since these are not covered by the Owner's insurance. The Client may be asked to provide a proof of insurance before or at the time of check in or at any point until refund of the security deposit payment.
12. ANIMALS
Animals are accepted, on demand and at the owner’s discretion. Animals are not allowed on the furniture and if so, the Client must ensure that the furniture is properly protected. Any animal waste must be cleared before the Client vacating the Property and additional cleaning charge may apply if extra cleaning time is required to clear any excess hair or other waste after the Client’s departure.
13. SMOKING
No smoking is permitted within the Property
14. JURISDICTION
This contract shall be governed by French law in every particular including formation and interpretation and shall be deemed to have been made in France. Any proceedings arising out of or in connection with this contract must be brought only in the tribunal d'Annecy.