TERMS OF SALES
The General Conditions of Sale and the Special Conditions form a set which forms an integral part of the sales contract and whose overall acceptance is mandatory before the conclusion of any sale.
The Reservation Request entails acceptance of these conditions of sale and full and unreserved acceptance of their provisions.
These General Terms and Conditions of Sale are accessible at any time on the Establishment's website under the heading "Terms of Sale" and shall prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date of the reservation.
These General Terms and Conditions of Sale are applicable for the duration of the online services offered by the Establishment on the Establishment's Website. The Establishment reserves the right to temporarily or permanently close access to its Website.
The Customer declares that he is over 25 years old and has full legal capacity to commit to these General Terms and Conditions of Sale, and to acquire the Services offered on the Establishment's website.
Be able to save and print these General Conditions of Sale.
The customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions, and to accept them without restriction or reservation with the formulation of a reservation request. The customer waives the right to rely on any contradictory document which would be unenforceable against the owner.
1. PURPOSE OF THE SEASONAL RENTAL AGREEMENT
The parties agree that the rental subject hereof is a seasonal rental, the duration of which may not exceed 90 days. The Lessor declares to be the owner of the accommodation and to have free disposal and full enjoyment of it during the rental period defined herein. The availability of the rental will be confirmed by the owner.
2. NUMBER OF OCCUPANTS
The number of people occupying the accommodation as well as their identity must be specified when making the reservation request (the use of the house will be limited to these people and must not exceed this number for insurance reasons).
The Tenant expressly agrees not to exceed the number of occupants indicated on the contract without the owner's authorization.
3. RENTAL PERIOD
The Lessor rents the seasonal accommodation to the Tenant on the dates indicated in the rental contract. Arrivals are from 3 p.m. Departures from 11 a.m. to 12 p.m. Any request for change of schedules for arrival and/or departure will be made to the owner or agent and granted or not according to the reservation schedule.
The tenant must present himself on the specified day and at the time mentioned in this contract. In case of late or delayed arrival, the tenant must notify the owner.
The tenant must also return the accommodation on the specified day and time mentioned in this contract.
Changes to the dates or times of entry or exit to the premises due to transport, or other cases of force majeure cannot be considered for a total or partial refund of a rental already confirmed.
4. PRICES
The Parties have agreed to fix a rent indicated in the rental contract.
The transfer from the airport to the accommodation is not included in the price. It is essential to rent a car.
The day and time of arrival as well as the flight number must be specified in advance for the organization of the reception of the tenants.
The rental concluded between the parties to this deed can in no case benefit even partially to third parties, natural or legal persons, except with the written agreement of the owner.
Any violation of this last paragraph will be likely to result in the immediate termination of the rental at the fault of the tenant, the product of the rental remaining definitively acquired by the owner.
The rental price includes all charges (water/electricity charges, wifi, provision of household linen). No dispute concerning the price of the stay can be taken into account after the signing of the contract. It is up to the tenant to assess before signing whether the price suits him.
5. RESERVATION
In order to proceed with the reservation of the accommodation, the Tenant pays a deposit of 25% of the amount of the rent, by transfer to the account of the owner.
The RIB will be communicated to him when he makes his reservation. The rental is considered final upon receipt of the deposit.
By paying your deposit, you accept the general rental conditions.
A copy of the contract will be sent upon receipt of the deposit as well as a copy of the general conditions of the seasonal rental contract at the request of the tenant. These documents will be returned as soon as possible by the tenant as well as a photocopy of his valid identity card. A second copy is to be kept by the tenant.
Absence of withdrawal
For reservations made by mail, telephone or internet, the tenant does not benefit from the withdrawal period, in accordance with article L.121-20-4 of the consumer code relating in particular to the provision of services of accommodation provided on a specific date or at a specified frequency.
6. PAYMENT OF THE RENT BALANCE
The balance of the amount of the rent will be paid by the Tenant no later than 30 days before the first day of rental, by the following means: transfer to the same account.
We reserve the right to refuse access to accommodation if the balance has not been paid.
Any bank transfer issued from a bank outside France must be denominated in Euros exclusively. Transfers from abroad may incur bank charges. These costs are the responsibility of the Customer.
In the absence of payment one month before the date of arrival, the owners are entitled to consider that the Customer has canceled his reservation.
However, the Customer remains, in all cases, responsible for the payment of all agreed amounts. If he does not make full payment, the cancellation conditions will be applied.
It is not considered as discharge of the debt before confirmation by our bank of the payment by transfer of the balance due.
Non-compliance by the Customer with the payment conditions will be considered as a cancellation requested by the Customer.
In the event that the payment proves to be irregular, incomplete or non-existent, for any reason whatsoever, the sale of the reserved services will be cancelled, the resulting costs being borne by the Customer.
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Dates and changes:
After the firm reservation, if the tenant decides to change the dates of their stay, and the owner cannot assume these changes, this will result in the cancellation by the tenant.
Changes in arrival or departure times imposed by air traffic, security requirements or other, cannot result in any compensation whatsoever.
7. TOURIST TAX
The tourist tax required by the municipality is the responsibility of the tenant. It will be paid at the current rate, indicated in the rental contract, at the same time as the payment of the balance, 30 days before arrival at the premises.
8. END OF STAY CLEANING
End of stay cleaning will be paid at the current rate, indicated on the site, at the same time as the payment of the balance, 30 days before arrival on the premises.
9. SECURITY DEPOSITS
Upon arrival in the accommodation, the Tenant will give the agent in cash the amount indicated in the description of the accommodation, intended to cover any rental damage. In the event of non-payment, entry into the premises will not be accepted.
Are understood as rental damages, all damages, degradations of the accommodation, as well as damages, losses or thefts caused to the movable property furnishing the accommodation, during the rental period. In the absence of rental damage, and if the accommodation is returned clean, the security deposit will be returned to the Tenant upon departure.
In the case of the existence of rental damage, the tenant will assume, in addition to the rental costs, any damage caused to the house, as well as the cost of replacing any lost, destroyed or damaged object, and those whose wear and tear would exceed the normal for the duration of the rental, painted walls, ceilings, windows, keys, bedding, etc...
The tenant is liable for any damage that he or the persons accompanying him may cause intentionally or through negligence.
In the event of loss or degradation of elements, the amount of the Deposit will be reduced by the cost of repair or replacement costs upon presentation of supporting documents by the Establishment and this within a maximum period of 2 months. If the Deposit is insufficient, the Customer undertakes to complete the sum on presentation of proof.
10. STATE OF PLAY
An inventory of furniture, crockery, linen and other objects will be made at the entrance.
All facilities are in working order and any complaint relating to the inventory and descriptions occurring more than 24 hours after taking possession of the premises cannot be accepted. Repairs made necessary by negligence or poor maintenance during the rental will be the responsibility of the lessee or his family.
No replacement, on the initiative of the tenant, of objects other than identical will be accepted.
Within 24 hours (working days) following the end of the rental, the owner will carry out the exit inventory and notify the tenant, if this is the case, by registered letter with acknowledgment of receipt of any report of deterioration.
11. ASSIGNMENT AND SUBLETTING
This seasonal rental contract is concluded for the benefit of the sole signatory Tenant hereof. The assignment of the lease, total or partial subletting, are strictly prohibited. The tenant uses the premises as a temporary holiday residence, excluding any commercial or professional use.
12. OBLIGATIONS OF THE TENANT
The Tenant will make peaceful use of the rented accommodation. He will maintain the rented accommodation and make it clean. He undertakes to make normal and reasonable use of the means of comfort (air conditioning, water, etc.), as well as the equipment (household appliances, swimming pool, multimedia, kitchen, barbecue, etc.) made available to him.
He is prohibited from making a copy of the keys provided by the Lessor. He undertakes to inform the Lessor as soon as possible of any breakdown, damage, incident or malfunction. For health and safety reasons, it is forbidden to smoke inside the accommodation.
Children are under the sole and entire responsibility of their parents or persons accompanying them, especially concerning the use of the swimming pool.
Any party or event is prohibited, as well as sound equipment and speakers.
The number of people provided for in the contract must be respected, except by prior agreement with the owner or his representative.
If these clauses are not respected, this will result in the exclusion of tenants without compensation, the deposit will be collected as immaterial damage.
13. AIR CONDITIONING
For your comfort, the rooms are air-conditioned. Concerned and subject to environmental rules, the Tenant will make sure to turn off the air conditioners when he leaves the room or if the doors and windows are open.
14. POOL
An agent comes once a week for his interview. The swimming pool is for the exclusive use of the tenant. Consequently, its use is under the sole responsibility of the Tenant, and at no time can the Lessor be held responsible for any incident occurring near the swimming pool or in the swimming pool. Any child under 13 must be accompanied by an adult. Nevertheless, in order to ensure an optimal level of safety, in the event of the presence of children being reported, a protective net to NF standards is installed around the swimming pool.
15. PETS
The presence of pets in the accommodation is strictly prohibited, regardless of its duration.
16. LESSOR'S OBLIGATIONS
The Lessor undertakes to keep the rental covered by this contract in a satisfactory state of maintenance, cleanliness and safety. He undertakes to inform the Tenant as soon as possible of any modification beyond his control that may modify the comfort or disturb the enjoyment of the rented property (nuisance, breakdown of equipment, etc.). In the event that a device or material having a major influence on the comfort of the Tenant, were to fail, the Lessor undertakes to implement the means allowing the repair or the replacement as soon as possible. He must ensure that the Tenant benefits from full and complete enjoyment of the leased property, over the period.
17. TERMINATION
Any request for modification/cancellation must be made in writing and sent by e-mail to: villa.everblue@gmail.com .
The modification/cancellation will be effective upon receipt of a confirmation email by the Establishment.
It is advisable to cancel as soon as possible once the cause for cancellation has arisen.
Please note that if the client fails to show up on the day of their confirmed reservation, and without contacting us beforehand to inform us of a possible change, this will be considered as a cancellation and we reserve the right to resell the accommodation.
1. Cancellation before arrival on the premises, the deposit remains acquired by the owner.
a) if the cancellation occurs less than 30 days before the scheduled date of entry into the premises, the owner may request the balance of the amount of the stay
b) if the cancellation occurs more than 30 days before the scheduled date of entry into the premises, the owner may request 50% of the balance of the amount of the stay
If the tenant does not appear within 24 hours of the arrival date indicated on the contract, this contract becomes void and the owner can dispose of his accommodation. The deposit also remains with the owner who will request payment of the balance of the rental.
2. If the stay is shortened, the rental price remains with the owner. No refund will be made.
Only the reason for a health disaster such as COVID-19 (in the event of confinement, travel ban), will give rise to a credit note or a refund of the deposit already paid and there will be no penalty. 'cancelation.
Special conditions related to COVID for all confirmed reservations.
Two possibilities in the event of a government travel ban due to Covid:
CREDIT or REFUND
CREDIT: EVER BLUE undertakes to make, upon receipt of your email, a CREDIT of the sums collected, to be applied to the reserved property. This credit note is valid for 18 months from the date of initial arrival in the accommodation.
REIMBURSEMENT of the amount of the sums paid, less the 100 euros administration fee - You can notify your wish to cancel your stay, by email only if the travel restrictions are confirmed by the authorities.
The effective refund will be made within 60 days from the date of initial arrival in the accommodation and only if the government ban on travel due to Covid is still in effect from the date of initial arrival. in the accommodation.
As a reminder, these special conditions inherent to the health crisis caused by Covid-19 apply when you are unable to travel, due to a ban issued by government authorities, mainly including the declaration of border closure. You agree to respect the conditions of access to Martinique in accordance with the requirements indicated by the prefecture.
Regarding requests that do not fall within the scope of the special conditions for reimbursement and/or provision of a credit note valid for 18 months, and without this being able to prejudge the terms of consideration and acceptance of said requests, the processing of which is the responsibility of the insurance company alone, flight cancellations, in particular by airlines and cruise lines, as well as positive tests for Covid-19 or the absence of a Vaccinal Pass do not enter into the terms of reimbursement or credit.
Termination at the initiative of the owner:
In the event of cancellation by the owner, the latter pays the tenant all the sums paid.
In the event of termination during the contract: when the termination of the contract by the owner occurs during the rental period, it must be duly justified (non-payment or failure of the transfer by the tenant, proven deterioration of the rented premises, complaints from the neighborhood, etc.). This termination results in the departure of the tenant. In this case, whatever the reason for the termination, the full amount of the rent remains with the owner. The owner reserves the right to retain the amount of the security deposit under the conditions specified in the “Security deposit” paragraph.
In the event of cancellation due to force majeure (natural disaster, health disaster linked to COVID-19 or even a ban on renting by prefectural decree, damage by previous occupants, etc.), no compensation can be paid.
18. INTERRUPTION OF STAY
In the event of early termination of the stay by the tenant, and if the owner's liability is not questioned, no refund will be made, except for the security deposit under the conditions specified in the "Security deposit" paragraph. .
Natural or extraordinary disasters:
In the event of a cyclone, natural or extraordinary disaster, strikes, and natural events, forcing tenants to cancel or shorten their stay in Martinique, we can neither reimburse the days not occupied, nor bear the additional costs incurred by the event.
19. INSURANCE
The Tenant indicates that he has insurance covering rental risks. A copy of the insurance policy may be requested by the Lessor from the Tenant when booking or entering the premises.
The tenant is responsible for all damages caused by him. The lack of insurance, in the event of a claim, will give rise to damages. The owner undertakes to insure the accommodation against rental risks. The tenant has the obligation to inform him, within 24 hours, of any incident occurring in the accommodation, its outbuildings or accessories.
The Establishment declines all responsibility in the event of loss and theft, fire, water damage, bad weather, or any other event. The Client waives any recourse against the host concerning any claims.
20. AGREEMENT OF PROOF
Unless proven otherwise, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client. Thus, the entry of bank information, the acceptance of the General Conditions of Sale, the Conditions of Sale of the tariff or the Reservation request between the Establishment and the Customer, has the same value as a handwritten signature on paper.
The computerized Registers kept in the Establishment's computer systems will be kept under reasonable security conditions and considered as proof of communication, order and payment between the Establishment and the Customer. The Customer is informed that his IP address is registered at the time of booking.
21. HOME
In the event of a dispute, the court of the domicile of the Lessor shall have sole jurisdiction. This agreement is subject to French law.