A wonderful family experience! La Bastide des Gomberts is set at the end of a steep slope out in the country, 8 minutes by car from Château de Berne. This lovingly-restored ancient sheepfold is beautifully decorated and we immediately felt at home there. The amenities are modern and include a library and kitchen garden where you can pick your own fruit and vegetables (yes really!). Household linen (including tablecloths and napkins) is plentiful, together with toiletries, tissues in all rooms and candles – everything is thought out for your comfort and well-being. The Château de Berne staff and especially the manager were extremely kind and welcoming and made our stay truly unforgettable. We can’t wait to go back!
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- The company Domaines en Provence SAS, hereafter “the Lessor” or “we” or “the Seller”, represents and acts in the name and on behalf of the company Château de Berne SA, hereafter “the Owner”, owner of the holiday houses, cottages and bed & breakfasts described and marketed via the website vignesenprovence.com, hereafter “the Website”. The Lessor declares that he is appointed by the Owner and can provide proof of ownership of the properties at the request of the buyer.
- The Parties to the Contract are the Lessor and the Holidaymaker.
- The Lessor solely authorizes people with the necessary legal personality and capacity to enter into legally-binding booking contracts on the Website.
- Purpose of the Contract
- Online bookings
- After selecting and checking the availability of the rental, the Holidaymaker must click the “Book now” button to display a recap of his booking.
After clicking the “Pay now” button, the Holidaymaker is invited to complete and confirm a personal information page.
A page is then displayed recapping all relevant information contained in the Contract.
- The automatic registration systems set up by the Lessor are considered as proof that the Parties have entered into the booking Contract.
- The Holidaymaker shall receive a booking confirmation by email. This confirmation shall include the main characteristics of the booking, its price and payment method. The content of all booking confirmations is filed by the Lessor and considered as proof of the Lessee’s agreement to the booking Contract and its date.
- Description of accommodation selected by the Holidaymaker
The accommodation referred to herein is as described on the Website, in particular in the sections “Information” and “Amenities”.
- Number of occupants
The Lessee agrees to respect the maximum number of occupants stipulated on the Website and undertakes not to exceed this number without the express authorization of the Lessor. The Lessee also undertakes to issue any related requests to the Lessor at least one week prior to the performance of this Contract. Failing prior authorization, a supplement of €50 per person per day may be billed to the Lessee.
- Rental period and duration
The rental duration is established at the time of the booking made on the Website by the Holidaymaker. The latter undertakes to ensure the accommodation is fully freed up on the Contract end date.
The Lessee may issue a direct request to the Lessor for an additional night or week. The Lessor must agree to this expressly, with confirmation in writing (according to the availability of the relevant property). This amendment to the Contract shall be subject to a financial counterpart equal to the price applicable to the property according to the relevant period.
- Issue of keys and inventory of fixtures
- The keys to the rented property shall be issued to the Holidaymaker on his arrival. The Lessor shall inform the Lessee of the arrangements for key issue directly prior to the arrival date.
- The Lessor may request the Lessee to sign documents confirming key issue on his arrival.
- An inventory of fixtures may be conducted jointly by the Lessee and Lessor and signed by both parties.
Otherwise, the inventory of fixtures shall be made available to the Lessee. Any disagreements must be issued by the latter by email or letter within 72 hours. Failing this, the inventory drawn up by the Lessor shall be considered as approved by the Lessee.
- An inventory of all movables pertaining to the accommodation may be enclosed to the inventory of fixtures.
- An inventory of fixtures shall be conducted jointly by the Lessee and Lessor when the keys are returned.
Otherwise, the inventory of fixtures shall be drawn up by the Lessor after the actual departure of the Lessee and sent to him by email or registered letter. Any disagreements must be issued by the latter by email or letter within 72 hours. Failing this, the inventory drawn up by the Lessor shall be considered as approved by the Lessee.
- On arrival, or prior to the actual performance of the Contract, the Holidaymaker shall issue a cheque to the Lessee for the amount stipulated on the Website, make out to the Lessor, as a deposit.
- This deposit is intended to cover any damage to the property by the Lessee, i.e. any damage to or deterioration of the accommodation, as well as damage, loss or theft of movables during the rental period.
- In the absence of any damage, the deposit shall be returned to the Lessee within 15 working days from the return of the keys and signature of the departing inventory of fixtures, if applicable.
- In case of damage to the accommodation, the deposit may be cashed in by the Lessor and returned to the Lessee within 2 months of the Contract end date, minus costs for damage repairs. If applicable, the Lessee shall be provided with all bills and proofs at his request.
If the Lessee chooses to pay the cost of the damage directly to the Lessor, the initial deposit shall be returned to him immediately and in full.
- If the deposit is inadequate to cover the cost of the damage, the Lessee undertakes to complete the amount payable based on the proofs of payment provided by the Lessor.
- Rental prices, taxes and charges
- The rental price is the price indicated on the Website and paid by the Lessee at the time of the online booking. It corresponds to the rental period.
- The price includes all charges, as well as end-of-stay cleaning and household linen hire for the duration of the rental period.
- Visitor’s tax is a local tax payable to the Lessor by the Lessee. It is then paid to the tax office. The current rate applicable in the town of Flayosc is €0.55 per person per day of rental. The amount is €0.66 per person per day in the towns of La Garde Freinet and Le Cannet des Maures. The Var area has also applied a 10% supplement on visitor’s tax. Persons under the age of 18 are exempt.
- Contract transfer and sub-letting
- This seasonal rental Contract is solely applicable to the contracting Lessee or person whose identity was given at the time the booking was made on the Website (see number of persons stipulated at the time of booking).
- Transfer of this Contract or the whole or partial sub-letting of the accommodation, even free of charge, are expressly and rigorously prohibited.
- Obligations of the Lessee
- The Lessee undertakes to use the accommodation properly and peacefully in accordance with its designated use. He shall act in a responsible manner and ensure the proper upkeep of the rented accommodation.
- The Lessee undertakes to use all amenities at his disposal (heating, air-conditioning, running water, etc.) in a normal and reasonable manner.
- The Lessee is expressly prohibited from making copies of the keys, unless expressly authorized by the Lessor.
- The Lessee undertakes to inform the Lessor immediately of any breakdowns, damage, incidents or malfunctions that may come to his attention.
- If the rented accommodation is supplied with Internet or WiFi access, the Lessee shall be responsible for the aforesaid access throughout the rental period and undertakes to use it in a responsible and moral manner.
- By virtue of the French law of January 3rd, 2003 relative to private pool safety, a pool alarm built to NF P 90-307 standards, or a protective barrier, have been installed at the rented accommodation. However, the Lessee shall remain solely responsible in case of an accident and must therefore ensure the alarm system is activated.
- Obligations of the Lessor
- The Lessor is in charge of delivering decent accommodation that does not endanger the safety or health of the Lessee. Work other than rental damage repairs is entirely at the Lessor’s expense throughout the rental period.
- The Lessor undertakes to give the Lessee reasonable notice of any changes that may modify the Lessee’s comfort or affect the use of the rented accommodation. In case of failure of any items of equipment vital to the enjoyment and comfort of the rented accommodation, the Lessor undertakes to implement all means to ensure the necessary repairs or replacement as soon as possible.
The Lessor reserves the right not to repair or replace the aforesaid faulty equipment if the failure is the responsibility or fault of the Lessee.
- Should the Lessor be obliged to make modifications to any elements essential to the Contract prior to the arrival date, the Holidaymaker may, after having been duly informed by the Lessor:
– cancel the booking and obtain an immediate refund of the sums paid, without penalties;
– or accept the modification or alternative accommodation offered by the Lessor: in this case, an amended Contract may be drawn up between the parties. Any price reductions shall be deducted from the sums remaining payable by the Holidaymaker; if the sums already paid by the Holidaymaker exceed the price of the modified service, the excess payment shall be refunded to the Holidaymaker prior to his stay.
- The Holidaymaker benefits from a 14-day legal withdrawal period from the time of booking on the Website should he unilaterally decide to cancel the rental, in which case no justification is required. In case of dispute, the Holidaymaker is in charge of proving his withdrawal. Withdrawal can be confirmed by registered letter or email.
- If the withdrawal is made within the 14-day withdrawal period, the Lessor shall refund all sums paid by the Holidaymaker at the time of booking on the Website.
- After this legal deadline, the Lessor must be notified of any unilateral cancellations made by the Holidaymaker by registered letter or email, subject to the following prerequisites:
– The Lessee is in charge of taking out cancellation insurance and checking the relevant terms and conditions.
– Should the Holidaymaker unilaterally decide to cancel his booking after expiry of the legal withdrawal period and at least 60 days prior to the arrival date, the Lessor shall retain 30% of the total amount paid at the time of booking on the Website.
– Should the Holidaymaker unilaterally decide to cancel his booking between 60 and 15 days prior to the arrival date, the Lessor shall retain 50% of the total amount paid at the time of booking on the Website.
– Should the Holidaymaker unilaterally decide to cancel his booking 15 days or less prior to the arrival date, no refunds can be made to the Holidaymaker.
- Should the Lessor unilaterally decide to cancel the booking, he must notify the Holidaymaker accordingly by registered letter or email.
In this case, the Lessor shall refund all sums paid by the Holidaymaker at the time of booking on the Website.
- Responsibility of the Holidaymaker
- The Holidaymaker is in charge of ensuring all information provided at the time of booking, or at any other moment, is accurate and complete. The Holidaymaker is in charge of ensuring that the names and addresses provided at the time of booking are accurate and allow him to receive the booking confirmation. The Holidaymaker is in charge of contacting the Lessor if he does not receive a booking confirmation.
- For good file-keeping, the Holidaymaker must notify the Lessor immediately of any changes to the information provided at the time of the booking.
- Responsibility of the Lessor
The Lessor shall be the Holidaymaker’s sole contact and shall be solely responsible for performing the obligations inherent to this Contract. The Lessor may not be held liable in case of unforeseen circumstances, force majeure or actions of persons external to the booking and rental arrangements.
- Applicable law
The parties agree that this Contract is governed by French law. In case of dispute and failure to reach an amicable agreement, the relevant French courts shall be considered as competent.