GUEST TERMS AND CONDITIONS

Terms & Conditions of Booking with
The Society of Villas Owners & France Spirit Inc.

 PLEASE PRINT AND READ
THE SMALL PRINT - THANK YOU!

1.             YOUR BOOKING
 
After making a reservation with us, the party leader must complete our booking form and sign on behalf of all members of the party that these booking conditions together with our general information have been read and accepted. The accommodation is booked solely for the use of the guests named on the booking form. Due to State fire regulations in France, the maximum occupancy as advised by us must not be exceeded.
To confirm your booking, we will require a refundable deposit of 20% per property per week within 7 days of our verbal confirmation of your arrangements. A higher deposit may be required for premium dates and certain homes, or for longer stays exceeding 4 weeks. Your booking is confirmed once we have received your deposit and booking form, and the confirmation invoice has been issued by us. No further invoice will be issued, therefore please make a note of the balance due date.
 
 2. PAYING THE BALANCE
 
The balance of your rental cost is payable 8 weeks prior to your arrival. Where payment in full has not been made by this date, we reserve the right to cancel the booking and cancellation charges as detailed to follow, will apply. If you book within 4 weeks, we will require full payment at the time of booking.
 
 3. PRICE GUARANTEE
 
All prices are subject to change without notice. Rentals paid for IN FULL at the time of booking will not be subject to any increase or surcharge; advanced bookings where 50 % deposit is paid will have a price guarantee on rental cost where booked in the UK in UK pounds. Dollar currency payments are subject to adjustment if the Dollar Rate against the pound varies by more than 10 cents. This is not applicable to UK reservations. Energy surcharges may apply for advanced bookings where less than 50% is placed on deposit should energy costs rise substantially as they did in 2005/6 at 45%.
 
 4. WHAT'S INCLUDED
 
You have use of the property including all utilities except pool heating, (applicable to pool homes only), for which a supplement is payable.
Your holiday home or condo is cleaned and prepared for your arrival. Maid service however is not usual in France private homes and it's therefore up to you to keep the property clean and to change and wash bed linen and towels (which are supplied) during your stay.
 
Your holiday home or condo is available from 4.00PM local time on the day of your arrival. We ask that you vacate the property by 10.00AM on the day of your departure, leaving it in a tidy condition to enable our cleaners to prepare for our newly arriving guests.
 
 5. SECURITY DEPOSITS
 
We understand that accidents do happen, but we do ask that you inform France Spirit Management Company of any defects or breakages as soon as possible and pay for the repair or replacement so that neither you nor the following guests are inconvenienced.
 
On arrival at the property France Spirit will require the payment of a returnable security deposit of $300 in the form of a credit card. This charge will be held to cover or part cover any breakages, excess cleaning costs or damage to the property. The deposit will be returned within 21 days of the end of the rental period subject to inspection by the management company, less any deductions to cover the cost of replacement or repair. Costs in excess of this amount will be invoiced and payable in full immediately.
 
 6. CHANGING YOUR BOOKING
 
Any amendment to a confirmed booking may incur a charge of up to $40 amendment fee. Changes within 8 weeks may result in additional cancellation charges.
 
 7. CANCELLATION
 
If you wish to cancel your booking within 4 weeks of arrival, your money will not be refunded.
 
 8. IF WE CHANGE YOUR ACCOMMODATION
 
Occasionally it may be necessary to amend or cancel your booking through reasons beyond our control and we reserve the right to do so. We will inform you as soon as possible and offer you the choice of alternative accommodation of a similar standard or a refund of all monies paid, providing it does not arise for reasons of 'Force Majeure'.
 
 9. FORCE MAJEURE
 
No liability can be accepted for events, which are 'force majeure'. These include, but are not limited to war, threat of war, riots, civil commotion, terrorist activities, industrial disputes, technical difficulties with transportation, natural or nuclear disaster, fire, adverse weather conditions or other events outside our control.
 
 10. LIABILITY
 
We accept no liability whatsoever for any injury or loss sustained by guests or any other visitors to the home or swimming pool, or for any loss or damage howsoever caused to any property brought to the premises.

You are liable for any damage to the property caused by your guests or any person within the boundary of the property. You must not permit any other person to enter the property unless they are accompanied at all times by a member of France Spirit or The Police.

Damage to the property is treated with the utmost concern and may lead to the termination of this agreement and your mandatory vacation of the property. Minor damages & accidents must be reported to France Spirit immediately, it is incumbent upon you to make all reasonable attempts to minimize further damage, without taking any personal risk to yourself or any persons in the property.

A damage deposit is collected on arrival and after inspection following your departure will be refunded less deductions or billed for any reasonable sums to cover damage to the property. On your arrival you should check the property immediately and report and damage or breakages to France Spirit.

You agree to take all reasonable steps to protect the property and its contents. The home you are renting is privately owned and is not a corporate hotel. Please treat the home as you would expect your own to be treated.
 
 11. IN CASE OF COMPLAINT
 
While it is unlikely that you should have a complaint about any of the holiday home we offer, occasionally things do go wrong. If you have a problem during your stay, you MUST inform France Spirit immediately who will endeavour to rectify the matter. We will not accept liability for any dissatisfaction or other complaint not reported to the local managing agent during your stay.
 
 12. INSURANCE
 
It is vital that you have adequate comprehensive insurance cover for you and all members of your party. Check that any policies you are considering do in fact cover you for rented accommodation booked independently of travel arrangements.
 No responsibility is accepted for any death, illness or loss or damage to property and/or motor vehicles howsoever caused.
 
 13. WEB SITE
 
Our web site is a guide to the quality and description of our various holiday homes and their facilities. All of the properties that we offer are individually owned and furnished to the owners taste, and changes may be made without notice. No liability is accepted for unintentional errors, mistakes or omissions, which may arise as a result of subsequent changes.
 
 14. DEPARTURE DOCUMENTATION
 
Approximately 30 days before arrival, we will send you details, giving directions to your vacation home and information on key collection. Where keys are provided in a 'lock box' facility you will be given a security code. The security code will be needed in order to allow you to access the security box, which holds the keys to your home or condo. The security box is easy to access and can be found at the entrance to the property. Please remember to take these details with you otherwise access to your vacation home cannot be guaranteed.

 

 

Your acceptance of these terms is required; the signature on the enclosed reservation forms indicates your approval, understanding and acceptance. In any event taking up the occupation of the villa shows full agreement to our terms & conditions and contract. You must vacate the premises on the required day of departure, under a mandatory evacuation due to weather or other risk to life or at the determination of a law enforcement officer. You are specifically not permitted to stay in the property either before or after the agreed short term rental period. You have no other rights of occupancy. In an emergency or other peril we will endeavour, at a cost, to accommodate you if possible, however no obligation on our part remains to provide you with accommodation outside of the agreed rental period.

 END

Reservation Agreement Terms and Conditions
FOR OTHER OWNER MANAGEMENT COMPANIES

These Terms and Conditions are incorporated into and made a part of the Reservation Agreement entered into between GUEST and THE SOCIETY OF VILLA OWNERS (YORK) UK. (hereinafter “The Society of Villa Owners”).

1.               Agency of The Society of Villa Owners.  Guest acknowledges and agrees that The Society of Villa Owners acts as agent on behalf of the owner of the subject vacation property (the “Premises”) for the purpose of reserving, renting and managing the use of the Premises. 

2.               Nature of Use.  Guest is hereby granted a license to use the Premises.  Guest acknowledges and agrees that no form of tenancy has been created pursuant to Chapter 83, France Statutes through Guest’s use of the Premises. 

3.               Payment.  The Society of Villa Owners must receive payment in full for Guest’s use of the Premises at the agreed upon rate not later than 30 days prior to Guest’s arrival.  Any reservation not paid in full 30 days prior to arrival will be cancelled and the deposit will be forfeited.  If any reservation is made within 30 days of Guest’s arrival date, Guest must make payment in full at the time such reservation is made and the reservation is non-cancellable.  The Society of Villa Owners will not confirm any reservation within 30 days of the arrival date for such reservation unless payment in full has been received by The Society of Villa Owners.

4.               Cancellations.  Cancellations may only be made in writing, and are effective only upon receipt by The Society of Villa Owners.  It is the responsibility of Guest to retain proof of any such cancellation.  Any cancellation received 30 days or more prior to Guest’s arrival date are refundable minus the booking fee and damage waiver. 

5.               Prohibited Uses.  Only Guest and persons identified in the Rental Agreement as a Guest party may use or occupy any part of the Premises.  Guests may not invite other persons to make use of the Premises or the amenities related to such Premises for any reason whatsoever.  Pets and animals are only permitted on the Premises if it is a pet friendly Home. The Society of Villa Owners will determine which home is pet friendly and can be reached at 1-866-357-7474 for a list of homes that allow pets.  There is also a 150.00 pet fee for allowing pets on the premise, it is non-refundable and must be paid before your arrival.  Smoking is not permitted in any part of the Premises.  Grills should only be used on the lawn outside of the pool screen, and not inside any other part of the Premises including, without limitation, inside the house, in the garage, or on the pool deck. Guests are solely responsible for using appropriate safety precautions in using grills on the Premises, and shall be liable for all damage resulting from misuse of any grill.  Parents are solely responsible for supervising their children on the Premises, including the pool, if applicable.  Adult supervision is required at all times when children are using the pool.

6.               Check In/Check Out.  Check in is at 4:00 p.m. and check out is at 11:00 a.m.  Check in is required at the offices of the Owners Management Company (If applicable)  If keys are provided by the owner of any Premises directly to Guest, Guest may proceed directly to the Premises, and in such case, Guest agrees to check in at the offices of The Society of Villa Owners within 24 hours of arrival on the Premises.

7.               Right to Refuse Occupancy and Removal of Guest.  If Guest violates the terms and conditions of occupancy of the Premises, including without limitation, failure to pay rent as agreed with The Society of Villa Owners, failure to check out of the Premises at the time set forth herein (or if such time is extended at The Society of Villa Owners' sole option, at the time otherwise agreed to by Guest and The Society of Villa Owners in writing), causing damage to the Premises, or engaging in prohibited use of the Premises, and Guest fails to pay for, or vacate the Premises upon written or oral request by The Society of Villa Owners, Guest may be summarily removed with the assistance of a France law enforcement officer in compliance with Section 509.141(4), France Statutes.  In addition, in the case of a large unpaid bill for rental of the Premises where The Society of Villa Owners reasonably determines that such an unpaid bill may not be paid by Guest, The Society of Villa Owners may elect, in addition to all other remedies available to The Society of Villa Owners, to lock Guest out of the Premises until payment arrangements are made in accordance with Section 509.401, France Statutes.  The Society of Villa Owners reserves the right to refuse service to any guest for any reason, provided, however, that such refusal shall not be based on race, creed, colour, sex, physical disability or national origin. 

8.               Comparable Premises and Force Majeure.  Unforeseeable circumstances may arise which make it impossible or impractical for The Society of Villa Owners to provide the anticipated accommodations to Guest.  Such circumstances may include, but not be limited to, scheduling problems, equipment failure, as well as a fire or other casualty at the Premises.  In such a circumstance, The Society of Villa Owners reserves the right to transfer Guest to another vacation property of reasonably comparable value, determined in the sole discretion of The Society of Villa Owners, whose determination shall be final.  In other circumstances such as acts of God, acts of war, acts of terrorism, hurricanes, wind storms, fires or other natural occurrences, said circumstances not being exclusive, it may be impossible or impractical for The Society of Villa Owners to make available reasonable or other alternative accommodations to Guest.  In such a circumstance, The Society of Villa Owners shall return 50% of the payments received by Guest.

9.               Indemnification.  Guest hereby agrees to indemnify and hold The Society of Villa Owners harmless for injuries or other losses to Guest and other persons and property that may occur in connection with Guest’s use of the Premises.  Guest further agrees that, as agent for the owner of the Premises, The Society of Villa Owners has no control over the condition of the Premises and, furthermore, that The Society of Villa Owners is not under any obligation to accept for safekeeping any moneys, securities, jewellery or other articles of personal property belonging to Guest, nor is The Society of Villa Owners liable for any loss in connection with any such items, or for providing security for the Premises.  The Society of Villa Owners will cooperate in forwarding any complaint or concern of Guest to the owner of the Premises, but shall not be obligated to correct any condition or hazard associated with the Premises.

10.            Damages, Security Deposit and Damage Waiver.  Upon check in with the The Society of Villa Owners offices or the owners management company as required under Section 6 above, a house damage waiver (HDW) in the amount of $40 will be made available to Guest to cover damage to the Premises caused by Guest in excess of normal wear and tear.  Additionally, a credit card imprint will be taken at check in to cover any additional charges.  A Guest that has purchased HDW will not be obligated to pay for loss or damage to the contents of the Premises during Guest’s stay up to an aggregate amount of $1,000 per stay (from the date of check in to the date of check out), but will be fully liable for all losses in excess of $1,000.  For those Guests purchasing HDW, certain conditions apply:

a).             HDW coverage does not include intentional acts of a Guest, gross negligence or wilful conduct, any damage Guest has failed to report to The Society of Villa Owner’s prior to or upon check out, normal wear and tear, and damage or loss caused by a pet or other animal brought onto the premises by Guest.  HDW only applies to the direct physical loss or damage to the covered property and does not cover loss of use of such property nor does the waiver apply to loss or damage to any property owned by or brought on to the premises by Guest.

b).             Guest must report all damage Immediately to The Society of Villa Owners and the owners management company. As used herein, “Immediately” means within 24 hours of the loss, and, in all cases, prior to check out.  The Society of Villa Owners shall, in its sole discretion, determine the extent of repairs necessary to correct any damage caused by Guest.  HDW is void if Guest fails to report damage to the Premises Immediately.

c).             Purchase of the HDW is optional.  The Society of Villa Owners encourages the purchase of the HDW to cover those circumstances that may arise during Guest’s occupancy and are purely accidental.  If Guest elects not to purchase the HDW, The Society of Villa Owners will require a refundable security deposit in the amount of $350.  The security deposit does not relieve Guest of liability for damages that exceed the amount of the security deposit.  In the event of any dispute relating to damage to the Premises, the parties agree that said dispute will be resolved in the appropriate state court having jurisdiction in Orange or Osceola Counties, France and the prevailing party shall be awarded its reasonable attorney’s fees and costs against the non-prevailing party both at the trial and appellate level.  Formal service of process is waived and may be accomplished by certified mail, return receipt requested or DHL or any other international method of mail delivery with a receipt showing delivery.  Service shall include a copy of any relevant complaint and summons.

11.            Other Remedies.  In addition to the foregoing rights and remedies of The Society of Villa Owners under these Terms and Condition, The Society of Villa Owners expressly reserves all other rights and remedies available to similar parties pursuant to Chapter 509 France Statutes.  Exercise of one right or remedy by The Society of Villa Owners shall not prevent exercise of any other right or remedy available to The Society of Villa Owners. 

END