Terms and conditions of sales
Clause 1 : SUBJECT MATTER OF CONTRACT
The company ETL DEVELOPMENT INTERNATIONAL is a travel agency specializing in seasonal furnished lettings. Many charming properties have been put at its disposal by individuals and companies, with whom it has entered into separate specific contracts. Management of the properties in question is undertaken directly by the owners or by a managing agent (hereafter “the Manager”).
Clause 1.2 : APPLICATION
These general booking terms and conditions apply by operation of law to every rental entered into between the Lessee and the company ETL DEVELOPMENT INTERNATIONAL (hereafter “ETL”). Signature of a seasonal furnished Rental Agreement including the special booking terms and conditions implies unreserved adherence to the present general booking terms and conditions.
Clause 2.1 : TERM
The lease shall terminate by operation of law on the expiry of the term set down in the rental agreement, without the need for notice to be served. The rental cannot be extended without the prior written consent of “the Manager”.
Clause 2.2 : SECURITY DEPOSIT
The Lessee’s attention is drawn to the fact that “the Manager” can request payment of a security deposit.
“ETL” undertakes to specify in the Seasonal Furnished Rental Agreement the amount of the security deposit that the Lessee must pay to “the Manager”.
This sum will be reimbursed upon receipt of proof:
- that the Lessee has paid for all use of telephones, water etc (unless such costs are included in the price of the rental);
- that no damage has been caused;
- that no item of furniture has been soiled, taken away or damaged.
If the security deposit does not prove to be sufficient, the Lessee undertakes to pay the balance required.
The terms and conditions of receipt and return of the security deposit will be agreed directly between “the Manager” and the Lessee.
The Lessee expressly waives any right of action against “ETL” in relation to any dispute over the security deposit, whether regarding its receipt, return or possible deductions following damage caused to the rented property or to its furniture and furnishings.
Clause 2.3 : LESSEE’S OBLIGATIONS
- The Lessee undertakes to take the rented premises in the condition they are in on entry into possession, as they will have been described in the seasonal furnished rental agreement;
- The furniture and furnishings must only suffer depreciation resulting from the normal use for which they are intended. Items which, on the expiry of this agreement, are missing or not working, for a reason other than fair wear and tear, must be paid for according to their full replacement value;
- The Lessee undertakes to use the furniture and furnishings in the rented property in accordance with their intended use and to use them in the premises where they are located. The Lessee is formally prohibited from moving them out of the rented premises;
- The premises currently rented must not under any circumstances, without the prior consent of “ETL”, be occupied by more people than the number specified in the special terms and conditions;
- The Lessee must allow any urgent works to be carried out on the premises that are necessary for the maintenance of the rented premises and any joint facilities;
- Where the rented property is part of a complex, the Lessee, as an occupant of the premises, must comply with the internal rules and regulations governing the complex;
- Within 24 hours of taking possession of the property, the Lessee must inform “ETL” of any faults it has noticed and, in particular, any complaints regarding the inventory and any items of equipment that are not working;
- The Lessee undertakes to occupy the premises with due care;
- The Lessee undertakes not to cause any disturbance to the neighbours (noise, odours, fumes etc);
- The Lessee undertakes not to alienate or sublet the property subject to this contract without the prior written consent of “ETL”;
- Any loss of a key or remote control for the door will be invoiced;
- Unauthorized camping on the property is strictly prohibited, except with the prior consent of “the Manager”;
Clause 2.4 : ETL’S OBLIGATIONS
“ETL” undertakes to put the rented accommodation, in conformity with its description, at the Lessee’s disposal and to fulfil its obligations resulting from this agreement, subject to the provisions set down in clauses 2.10, 2.11 & 2.12.
Clause 2.5 : INSURANCE
Taking out insurance is an act of foresight should an event occur of the type to lead to a cancellation or interruption and an almost immediate reimbursement of damage to personal property.
To avoid cancellation costs, “ETL” strongly recommends that the Lessee takes out ADAR cancellation and interruption of stay insurance, for 3.5% of the total cost of the booked stay. With such insurance cover, in the event of a cancellation the Lessee will be reimbursed for all sums already paid out, with the exception of an administration fee.
The Lessee can refer to the terms and conditions of the ADAR insurance and also subscribe to it directly on the lessor’s website or by sending an e-mail request.
ADAR insurance also includes public liability insurance covering rental risks (fire, explosions, water damage etc).
If the Lessee does not wish to take out ADAR insurance, he undertakes to insure himself against rental risks and against damage caused to the property and to third parties; he also undertakes to provide, on the date of entry into possession of the premises, a copy of the certificate of public liability insurance taken out with an insurance company recognized as being solvent and governed by French law.
Should any incident arise in the accommodation, the Lessee undertakes to report it to “ETL” within 24 hours.
Clause 2.6 : BALANCE OUTSTANDING FOR RENTAL STAYS
The entire rental price is payable more than [PRESTATAIRE_DELAI_SOLDE] days before the start of the stay or immediately for any last minute booking (i.e. less than [PRESTATAIRE_DELAI_SOLDE] days before the date of arrival).
Where the balance has not been paid by the set time limit, “ETL” reserves the right to consider the booking null and void and therefore to apply the cancellation terms and conditions drawn up for this purpose and set out below.
Clause 2.7 : TERMINATION
The contract will be valid as soon as the 3 cumulative following events have taken place:
- receipt of the deposit or of the whole price of the stay in the event of a last minute booking (i.e. less than 45 days before the date of arrival).
- receipt to the contract and to the sales conditions signed by the lessee.
- sending by ETL to the lessee of an email confirming his reservation.
Furthermore, “ETL” will be entitled to apply the provisions of Clause 2.8 below.
If the lessee refuses to leave the rented premises, an Order of a Judge in Chambers will be sufficient to force him to leave.
Clause 2.8 : CANCELLATION TERMS AND CONDITIONS :
Clause 2.9 : INTERRUPTION OF STAY :
The Lessee will not be entitled to claim any compensation or refund whatsoever if he cuts short or interrupts his stay for whatever reason (including strike, medical repatriation etc). In addition, any unused service will not be refunded.
Clause 2.10 : POSSIBLE MODIFICATION OF OUR PROGRAMMES :
« ETL” reserves the right to partially or totally modify its programmes or products offered (total or partial closure of a site, of a joint facility such as a swimming pool, beauty salon, etc...), and undertakes to inform the Lessee as soon as possible of any modification and to agree with him the terms and conditions of continuing with the contract.
Where no agreement is reached and the Lessee cancels, “ETL” will not apply the provisions of Clause 2.8 and will refund the deposits paid by the Lessee, who will not be entitled to claim any further compensation.
Clause 2.11 : LIABILIITY
“ETL” cannot be held responsible for any nuisance or external cause or for any other cause of force majeure (act of God) that may suspend, disrupt, interrupt or even prevent the stay.
The Lessee expressly acknowledges that “ETL” is putting at its disposal premises belonging to individuals or companies and that “ETL” has an obligation to take due care rather than an obligation to deliver a particular result.
In the event of “ETL’s” non-performance of its contractual obligations due to the shortcomings of “the Manager” for whatever reason, and in particular in the event of a court or administrative decision, “ETL” will take all possible steps (legal proceedings, enforcement, debt recovery) to obtain the return of the deposits paid by the Lessee to the defaulting “Manager” as well as an Order for “the Manager” to pay damages. However, the Lessee expressly acknowledges and accepts that, if it proves impossible to recover the above sums, no right of action may be brought by the Lessee against “ETL” having taken all possible steps to obtain payment of the said sums.
This disclaimer also applies to the following cases:
- Equipment and securization failure affecting swimming-pools, Jacuzzis, spas, hammams, saunas, spas, etc…
- Sale of the premises between the booking date and the booked period.
- Non compliance of the premises with its description due to the shortcomings of “the Manager”.
Clause 2.12: MISCELLANEOUS
The information gathered is data-processed in order to implement this contract. The photographs appearing on our website are in no circumstances contractual and cannot bind us or hold us liable. They must be considered as simple illustrations. The description in the Seasonal Furnished Rental Agreement alone has probative force. Since “ETL” is not the only company marketing the properties, it reserves the right to fix the prices of the properties advertised on its website, and disclaims all responsibility for the sale prices of the same products that may appear on other websites.
The names of the properties are sales references provided exclusively by “ETL”. All prices, dates, terms and conditions of stay and sales references of properties appearing on our website are fixed by “ETL” alone and must be confirmed by our sales department at the time of booking.
We will charge a booking fee for each booking made.
No modification of the contract (deletion or comment) will be accepted without the prior consent of both parties.
Complaints: Within the 24 hours following the entry in their accommodation, the Lessee will have to inform “ ETL” of any problem observed. During the stay, the possible complaints must be formulated immediately in order to avoid any inconveniences during the stay. Any claim not reported immediately shall not be considered and will not be taken into account for any compensation.
Clause 2.13 : Confidentiality Of Information:“ETL” has put in place an exacting professional code of conduct and undertakes to respect the Lessee’s privacy. In no circumstances will “ETL” communicate personal information about the Lessee to third parties. The website ETL DEVELOPMENT INTERNATIONAL has been registered at the national agency for information technology and liberties (“CNIL”) under registration number 1177729 In order to avoid all unauthorized access “ETL” follows strict security procedures regarding the storage and disclosure of information passed on. “ETL” does not sell, market or hire out information about the lessees to third parties. In accordance with the law of 6th January 1978 (clause 27) known as “Information technology and liberties”, the lessee has the right to access and rectify any data concerning him. To exercise this right the Lessee must send a registered letter (signed for) to ETL’s head office.
Clause 2.14 : DISPUTESThese general terms and conditions are governed by French law. The ANNECY Commercial Court shall have sole jurisdiction to deal with any disputes arising out of the application or interpretation of this contract.