PREAMBLE

In the conditions listed here, the parties are designated as follows: the lessor, "Les Kaz de Sainte Anne", is designated as "the owner" and the customer as "the lessee".

If a booking is made through a third party (various agencies, Airbnb, Booking.com, etc.), the latter's GTCS take the place of the owner's GTCS. In this case, the owner's GTCS must be understood and used as GTCS (General Rental Conditions), which must also be respected.

These general terms and conditions define the rights and obligations of the parties in the context of the booking and govern all the stages necessary for the booking and follow-up of the booking between the contracting parties. By confirming the booking, the hirer acknowledges having read and accepted the general terms and conditions of sale.



All tenants acknowledge that they have the capacity to enter into a contract, i.e. that they are of legal age and not under guardianship or trusteeship.


1- PURPOSE OF THE LEASEATION


A rental contract is agreed between the parties, either in the form of a document or tacitly by communicating the rental conditions by e-mail. The parties declare that the purpose of this contract is not to rent premises for use as a main residence or for mixed professional and main residential use. The purpose of the rental contract is a short-term furnished holiday rental.

Consequently, the parties agree that their respective rights and obligations will be governed by the stipulations of the contract, by the decree of 28 December 1976 as amended and, failing that, by the provisions of the Civil Code.


2- DESIGNATION OF ACCOMMODATION


Les Kaz de Sainte Anne Ecolodges are located at the following address: 94 impasse Julie Plaisance 97180 Sainte Anne Guadeloupe


Full details and descriptions of Ecolodges Bambou, Zanzibar, Oiseau de Paradis and Maracuja are available on our website https://www.les-kaz.fr. The owner will give the tenant the keys and instructions for the accommodation on arrival at the latest. The accommodation is non-smoking.


3- RESERVATION


Reservations become effective on receipt of the deposit (if booked more than 30 days before arrival) or full payment (if booked less than 30 days before arrival).

The booking is deemed to have been accepted by the hirer at the end of the booking process.

Deposits are not refundable in the event of cancellation by the hirer, except in duly justified cases of force majeure, or in the event of the choice of a specific option providing for this when the online reservation is confirmed, and included in the contract.


4- RENTAL PRICE AND PAYMENT


The price applicable is that in force on the day of booking. Independent professional hirers are free to change their prices at any time. Therefore, the price displayed during a visit to the site is only valid for bookings made during the period in which it is displayed.

Only the price indicated in the booking confirmation is binding. The price includes :

- Rental of the property covered by the contract for the period specified in the contract

- Bathroom linen and bed linen

- City water.

- Air conditioning in rooms.

- Wi-Fi Internet access.

- Television access.

- Compulsory cleaning and laundry service.

- Tourist tax.


Kaz de Sainte Anne rates are subject to online prepayment. The tenant must provide their credit card details directly in the area provided (entry secured by SSL encryption). These details will be used to pay the balance 30 days before arrival and the security deposit on the day of arrival.

The validity of the customer's payment card is checked by stripe.com. The payment card may be refused for a number of reasons: stolen card, blocked card, ceiling reached, input error, etc. In the event of a problem, the hirer must contact their bank on the one hand, and the owner on the other, to confirm their booking and method of payment.


5- SECURITY DEPOSIT AND INVENTORY OF FIXTURES AND FITTINGS


On arrival, the tenant pays a deposit in cash or by cheque for €500 if the deposit is not already managed by the website or platform.

This deposit is intended to cover damage and/or deterioration to the accommodation and the furniture and objects in the accommodation caused by the tenant, as well as the loss of keys or objects. Under no circumstances may this deposit be considered as a contribution towards the rent. This deposit also covers damage and/or deterioration of the swimming pool or any other element inside the Kaz de Sainte Anne. If the security deposit is insufficient, the tenant agrees to supplement the sum on the basis of evidence provided by the Owner. The Owner undertakes to provide the Tenant with all receipts for the sums due, as soon as they are in the Owner's possession. If no damage is found́ after the departure inventory, the security deposit will be refunded in full to the Tenant within a period not exceeding 10 days after his departure.

On arrival, the tenant will have 24 hours to check that the premises comply with the description given and to inform the owner of any anomalies noted. Once this period has elapsed, it will be assumed that there are no shortages or damage and that everything is in perfect condition. The inventory of fixtures and fittings will be made on the day of the tenant's departure, so that the tenant can recover his deposit in full within 10 days, if no damage or shortcomings are noted. If any damage is found, the owner of Kaz de Sainte-Anne will keep the deposit. It will then make the necessary purchases and/or work to restore the accommodation to its original condition, before returning the balance (if any) of the security deposit, together with the supporting documents. If the security deposit is less than the amount of the damage, the tenant undertakes to pay the difference on presentation of the supporting documents. If there is no inventory of fixtures and/or inventory at the end of the rental period, or if the tenant draws up the inventory of fixtures and/or inventory alone at the end of the rental period, the absence of any dispute by the owner within 72 hours of the end of the rental period will be deemed to constitute the return of the premises in good condition and/or with a full inventory. The security deposit will then be returned to the tenant within a maximum of 10 days after the tenant's departure.


6- DURATION OF THE SEASONAL RENTAL AND NUMBER OF PEOPLE


The duration of the contract is duly specified and determined in the sales conditions, as are the arrival and departure dates and the number of people. If the number of tenants exceeds the capacity and/or the number of people stipulated on the rental contract, the owner reserves the right to refuse entry to the property (and therefore to allow the tenant to take possession of the property), or to demand immediate departure from the property (and return of the keys) if the incident occurs during the term of the contract.

In the event of agreement to accommodate persons not stipulated on the rental contract, the owner may demand payment for the additional tenants. Any total or partial session or subletting, whether paid or free of charge, is prohibited and will automatically result in immediate termination of the contract without any refund. Similarly, any modification or breach of the contract will be considered to be at the initiative of the tenant and no refund will be made.

The rental period will begin no earlier than 4 pm on the day of arrival and will end no later than 10 am on the day of departure. These times may be altered by prior and exceptional agreement with the Owner only, and according to the Owner's possibilities and availability.


7- CANCELLATIONS


- By the owner: The signing of the contract is an irrevocable commitment by both parties. In the event of cancellation by the owner, the owner will pay the tenant the full amount paid in advance.


- By the tenant: The signing of the contract is an irrevocable commitment by both parties. No cancellation is possible without the written agreement of both parties, except in duly justified cases of force majeure.


In the event of cancellation by the hirer :


- Between the date of booking and 31 days before the arrival date specified in the contract, 30% of the total rental amount is payable. The deposit paid will be retained by the owner, except in the case of duly justified force majeure, or if a specific option is chosen when the online reservation is confirmed, and which is included in the contract.


- Within 30 days of the arrival date stipulated in the contract, the full amount of the rental will be due. The sums paid will be retained by the owner, except in duly justified cases of force majeure, or when a specific option is chosen when the online booking is confirmed, and which is included in the contract).


- If the tenant does not arrive on the arrival date stipulated in the contract, he/she will still be liable for the full amount of the rental. If the tenant does not show up, the contract will be automatically terminated by the Owner, who will then be able to use the accommodation again.


- In the event of early departure by the tenant, no refund will be given and the full rental amount will be retained by the owner.


8- FORCE MAJEURE


Force majeure refers to any event external to the parties that is both unforeseeable and irresistible, preventing either the customer or the establishment from fulfilling all or part of the obligations under the contract. Cases of force majeure or fortuitous events are those usually recognised by the case law of the French Courts and Tribunals.


Each party may not be held liable towards the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party shall bear the costs arising therefrom.


9- ANIMALS


Pets are welcome, up to a limit of one per accommodation, subject to prior agreement.


10- DECLARATION BY THE LESSOR


The Lessor declares that he is the owner of the accommodation and that he has free disposal of it and full enjoyment of it during the defined period. The Owner also declares that he is insured for the rental of the premises covered by the contract.


11- TENANT'S OBLIGATIONS


- The tenant shall use the rented accommodation, furniture and equipment peacefully, in accordance with the purpose for which they were provided in the lease, and shall be liable for any damage to or loss of the premises to which he/she has exclusive right of use during the term of the contract. The tenant must notify the owner as soon as possible of any damage affecting the accommodation, its furniture or equipment. The tenant must respect the intended use of the accommodation and not make any alterations to it.


- The tenant will maintain the rented accommodation and return it in a clean and tidy condition at the end of the contract. If any of the items listed in the inventory are broken or damaged, the owner may claim their replacement value. The tenant undertakes to clean frequently and to leave the accommodation as clean as it was when the inventory was taken, free of any rubbish or waste. If the accommodation is not returned in the same state of cleanliness and order in which it was found, the tenant undertakes to pay the cleaning costs of 80 € including VAT.


- The tenant shall comply with the arrangements for handing over and returning the keys to the accommodation agreed with the owner.


- The tenant shall have no recourse against the owner in the event of theft or damage to the rented premises.


- The Tenant may not object to an inspection of the premises if the Landlord or its agent so requests, in particular in order to carry out, during the rental period, any repairs required as a matter of urgency, waiving in advance any claim for compensation or reduction in rent. The owner will exercise this right of access in a reasonable manner and will give prior notice where possible.


- The tenant shall avoid any noise likely to disturb the other tenants, the owners and the neighbourhood; in particular, he shall avoid noise emitted by radios, televisions, shouting and the like. Evenings, parties and gatherings of any kind causing noise on the Kaz de Sainte Anne site are strictly prohibited.


- The tenant undertakes not to smoke inside the accommodation and, if he must smoke outside, he undertakes not to disturb the other tenants.


- The hirer is aware that access to and use of the swimming pool are the sole responsibility of the parents and that children MUST be accompanied by a responsible adult. The hirer, who is responsible for the children, undertakes to supervise them at all times.


- The hirer undertakes to comply with the terms of the HADOPI law prohibiting the downloading of works protected by copyright, and visits to sites whose content is prohibited.


- The tenant will respect the number of people and the names of the people specified in the contract who may enter the premises. The use of the rented accommodation is reserved exclusively for the number of people specified. The tenant undertakes not to sublet the accommodation or transfer this contract to a third party.


- The hirer is responsible for any damage caused by him/her. He therefore undertakes to be covered by civil liability and holiday insurance when he enters the rented premises.


If the tenant fails to comply with his obligations (or abuses them), the owner or his agent may demand that the tenant vacate the premises immediately and claim compensation for any damage suffered.


Any modification or termination of the contract will therefore be considered to be at the initiative of the hirer and no refund will be made.


The hirer acknowledges having read the GTC and the rental contract before signing it.


12- AUTOMATIC TERMINATION


If the Tenant fails to comply with any of the contractual obligations, this lease will be terminated automatically with immediate effect.


13- ELECTION OF DOMICILE


For the execution of the present contract, the owner and the tenant elect domicile in their respective residences.


14- SETTLEMENT OF DISPUTES


These General Terms and Conditions of Sale are governed by the law of the country of establishment, without prejudice to any mandatory protective provisions that may apply in the country of residence of consumers.


However, in the event of a dispute, the court of the owner's domicile will have sole jurisdiction, which to date has been the Court of Pointe à Pitre. This contract and its consequences are subject to French law.


15- LIABILITY


The photographs presented on our booking platform are not contractually binding. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the premises presented give as accurate an idea as possible of the services offered, variations may occur between the time of booking and the day on which the service is used.


The Owner cannot be held responsible for the non-execution or poor execution of the booking in the event of force majeure, the fault of a third party, the fault of the hirer, in particular the unavailability of the internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of unauthorised prepayment by the hirer's bank.


Any booking or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the hirer will result in the cancellation of the order at the hirer's expense, without prejudice to any civil or criminal action against the hirer.