I Application
These general terms and conditions of sale (hereinafter: ""GTC"") apply to sales transactions concluded by Thomlocation (hereinafter: ""the Lessor"") with the Client.
They cancel and replace any previous version that may have been put online and/or accepted by the Customer.
These T&Cs apply to any use of the site, in particular to the internet and telephone marketing of all the services offered on the Site by the Lessor Thomlocation.
It is therefore imperative that the Customer carefully read the T&Cs which are referenced by hypertext link on each page of the site.In particular, he is advised to download and/or print them in order to keep a copy on the day of his order as soon as they are likely to be modified, it being however specified that such modifications will not be applicable to orders. of Services performed previously.
The T&Cs may be supplemented by special conditions of sale appearing on the description of the service as well as by the conditions of sale of the service providers, accessible either on their Website or on site.
II Capacity
The Customer acknowledges having the capacity to contract, that is to say having reached legal majority and not being under curatorship or guardianship.
The Customer also declares to use the Site in accordance with these GCS, in his name and in the name and on behalf of all the beneficiaries of the services ordered by him on the Site of which he acknowledges being the agent (hereinafter: the "Tenant") ) and against which these T&Cs will be enforceable.
The Customer is financially responsible for the use of the Site made both in his name and on behalf of the Tenant, except to demonstrate fraudulent use resulting from no fault or negligence on his part.
The Client guarantees the truthfulness and accuracy of the information provided by him in his name and in the name and on behalf of all the Beneficiaries using his data on the Site.
Thomlocation reserves the right at any time not to contract with a Customer who makes fraudulent use of the Site or who contravenes these T&Cs.
In this respect, the terms of article 313-1 of the French Penal Code are recalled:
"Fraud is the fact, either by the use of a false name or a false quality, or by the abuse of a true quality, or by the use of fraudulent maneuvers to deceive a natural or legal person and to determine it in this way, to its prejudice or to the prejudice of a third party, to remit funds, securities or any property, to provide a service or to consent to an act operating an obligation or a discharge. Fraud is punishable by five years' imprisonment and a fine of €375,000"".
III Right of withdrawal
Pursuant to the provisions of Article L 121-21-8 of the Consumer Code, the services offered on the Site by Thomlocation are not subject to the application of the right of withdrawal provided for in Articles L. 121-21 et seq. of the consumer code for distance selling.
Consequently, the services ordered on the Site are exclusively subject to the conditions of cancellation and modification provided for in these GCS and the Customer may not invoke the right of withdrawal.
IV Price
Prices are in euros.
The rates, terms and conditions of a reservation are intended for the sale of apartments in accordance with their primary purpose (lodging). Thomlocation reserves the right to modify rates, terms and conditions, or simply to cancel the reservation, if the apartments are used for other purposes such as photo shoots, film shoots, showrooms, or interviews. …
The prices mentioned on the site are subject to change without notice and only the price mentioned in the booking confirmation is contractual.
Rates are per apartment for the number of people indicated according to the capacity of each apartment and according to the period selected.
The prices indicated only include the services strictly mentioned in the reservation. To the price mentioned in the reservation will be added the additional services provided by Thomlocation during the stay and the tourist tax which is invoiced per person and per night. It is to be paid on site at Thomlocation and amounts to €0.31 per person per day. This will be donated to the TCO by Thomlocation.
The prices mentioned on the Site are subject to change at any time by Thomlocation without prior information or notice. Only the price indicated in the booking confirmation by Thomlocation is contractual.
No stay booked before the establishment of a possible promotional offer will be subject to reimbursement, even partial.
V Online orders
The Customer must, when placing his order:
- fill in the identification form on which he will indicate all the details requested,
- complete the online order form giving all the references of the products or services chosen,
– validate his order after having checked it,
Confirmation of the order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of its own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
Thomlocation transmits to the Customer, by any means (e-mail, simple mail, fax, etc.), the confirmation of the recorded order.
The reservation is firm and final only after receipt of the confirmation sent to the Customer by Thomlocation.
VI Online payment methods
The price is payable in part at the time of placing the order.
In all cases and in order to guarantee his reservation, the Customer is asked to communicate his bank card number, the transmission being done by secure mode.
In case of payment at the time of placing the order, the credit card information transmitted by the Customer through a secure system to Thomlocation allows the latter to debit the card for the defined amount, always in a secure manner. The Customer's bank account is debited on the day of the order, the invoice being sent by Thomlocation to the Customer on the day of his departure from the apartment.
Please note that the credit card used to make the reservation must be presented upon arrival by its holder. Failing this, a new credit card will be requested for payment on arrival.
In the case of support for the stay by a third party, Thomlocation will require documents for the security of the transaction.
VII Modality of the security deposit
As the security deposit is not cashed, only a credit card imprint will be accepted.
The guarantee may also be used by Thomlocation in the event of cancellation fees, partial or total non-payment of sums due for the rental service, in the event of no-show (see VIII Modifications and/or cancellation of a reservation), in the event of damage, voluntary or not, for the cost of replacing missing items noted when the customer leaves or theft in the residence for any costs of repairing the accommodation or common areas, and more generally for the proper performance of the rental contract.
VIII Modification and/or cancellation of a reservation
Cancellations and/or modifications of reservations may be authorized throughout the year (except for certain special events).
Free of charge at least 60 days before the start of the stay for cancellations.
Thomlocation may charge 50% of the stay to the Customer if the cancellation occurs more than 60 days before the start of the stay. For any questions, please contact Thomlocation at+ 262 692 40 39 33.
If the reservation is made on our website, it is imperative to reconnect via this means to modify or cancel the reservation, by clicking on ""modify or cancel a reservation"".
The modification and/or cancellation of a reservation is firm and definitive only after receipt of a confirmation by email from Thomlocation.
The date of receipt of the request for modification and/or cancellation (by e-mail, post, telephone) is the date chosen for the cancellation so that the Customer cannot claim any refund.
In case of non-presentation of the Client to Thomlocation and in the absence of cancellation:
– the total amount of the reservation will be due to Thomlocation
Moreover, for a stay of at least 2 nights, in the event of no-show of the Customer on the first day of the stay, Thomlocation is not required to keep the room for the remaining duration of the stay.
The Customer is asked to plan an arrival before 8:00 p.m. and to notify Thomlocation in the event of late arrival, under penalty of being considered as not having shown up on the first day of the stay.
X Force majeure
Force majeure means any event external to the parties that is both unpredictable and insurmountable and prevents either the Customer or Thomlocation from fulfilling all or part of the obligations provided for in the contract. This is particularly the case in the event of a red alert in the hurricane period (November to March), in the event of total or partial destruction of the residence, disaster, fire, internal or external technical accident and generally in the event of any event that does not allow the proper execution of the service.
It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party bears the burden of the resulting costs.
In particular, Customers will bear only the additional costs that may be incurred to allow the continuation of the trip, following the occurrence of a case of force majeure.
XI Complaints
Any complaint must be sent by registered mail A/R to the following address: Thomlocation 18 impasse Cernot Sans-Souci les Hauts 97411 Bois de Nèfles SAINT-PAUL, and this within 15 days following the departure of the stay subject to of said claim. After this period, no complaint can be taken into account.
XII Delivery of the keys
On the date, time and at the Thomlocation residence, the keys will be handed over and the accommodation will be made available to the tenant against:
– Payment of the balance of the stay
– Payment of the deposit by bank imprint
- The signature of a rental contract in two copies, these general conditions of rental, internal regulations and an inventory of the premises.
XIII Computing and freedom
In application of the law 78-17, known as data processing and freedoms, the customers are informed that their reservation is the subject of a computerized nominative processing.Customers have a right to access and rectify the data entered, which is exercised at the head office: Thomlocation 18 impasse Cernot Sans-Souci les Hauts 97411 Bois de Nèfles SAINT-PAUL.
It is specified that this information is not communicated to third parties.
XIV RESPONSIBILITIES
Thomlocation declines all responsibility in the event of theft, loss or damage to items belonging to customers during their stay.
The Customer will be held responsible for any damage, any degradation, any act of vandalism which may occur due to the occupation of the premises and/or due to the participants and/or the persons for whom he is responsible, both movable, decorative and real estate belonging or not to Thomlocation. As a result, Thomlocation has every right to ask the Customer to leave the establishment without any compensation and without any reimbursement of the current stay, and to reimburse the damage caused by these acts.
Thomlocation, in the online sales process, is only bound by an obligation of means. Its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
XV Internet access
The Internet connection is reserved for personal, non-commercial and reasonable use, in compliance with the legislation in force and intellectual and artistic property. The user is responsible for the proper use of the service and undertakes to guarantee Thomlocation against any action or recourse brought by a third party as a result of its actions, in particular on the Internet. Access to the service is reserved for natural persons who are of legal age, up to date with their financial obligations vis-à-vis Thomlocation and who have equipment with a Wifi connection and/or Ethernet socket. Thomlocation declines all responsibility in the event of non-operation of the user's equipment or its incompatibility with the Internet access service.
The Internet access offered must in no way be used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by a neighboring right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in books I and II of the code of literary, artistic and industrial property.
Downloading illegally is a criminal offense punishable by a three-year prison sentence and a fine of €300,000 for natural persons, a fine multiplied by 5 for legal persons.
XVI Rules for occupying the apartment
The accommodation is occupied for residential purposes, with the number of people named in the rental agreement.
It cannot be used for a professional activity or for the exercise of an activity contrary to French law and morality.
The tenant will be fully responsible for any neighborhood disturbances of which he or one of the occupants of his head, would be guilty.
The tenant must respect the safety instructions and the rules of occupation of the places applied in the latter which will be exposed to him by the Rules of procedure.
The presence of animals is prohibited in the rental.
The accommodation is non-smoking.
The tenant's use of the internet is subject to the French legislation in force and will remain the responsibility of the tenant if he derogates from this legislation. He also declares to fully and personally assume any additional cost related to the sites he would visit.
Thomlocation has two free parking spaces per apartment.
XVII Insurance – Liability
Thomlocation specifies that whatever the duration of the stay, its insurer does not cover:
Damage suffered by vehicles parked in outdoor car parks or made available
Damage suffered by third parties
The theft, damage or disappearance of personal effects in the apartments, including in the common areas, car parks and all other outbuildings or annexes of the residence
Thomlocation cannot be held liable for any of these reasons. As this rental contract is subject to the status of residences with services or tourism, the provisions of articles 1952 and following of the Civil Code, relating to hoteliers, are not applicable.
XVIII Electronic signature
The Customer expressly acknowledges that the so-called ""checkbox"" or ""initials"" technique constitutes an electronic signature which has, between the Customer and Thomlocation, the same value as a handwritten signature.
XVI X Applicable Law
These General Conditions of Sale are governed by French law.This is the case for the rules of substance as well as for the rules of form. Disputes will fall under the exclusive jurisdiction of the French courts.
The apartments are available for check-in from 2:00 p.m. until 8:00 p.m.
Outings are no later than 11 a.m.
If you wish, with a possible supplement, an early arrival or a late departure is possible subject to our availability.