General conditions of sales

General booking conditions
Holiday house in direct service

Article 1

This seasonal rental contract is reserved for the exclusive use of the rental of the accommodation “Gîte ILLIXO” located 48 avenue Jean Jaurès, 31110 Bagnères de Luchon.
In any case, the ILLIXO Gîte cannot be held liable in the event of the use of its contract by third parties or for purposes other than tourism.

Article 2

The lodger has concluded the rental contract for a fixed period, stipulated in article 3 of the contract and therefore cannot under any circumstances claim any right to remain in the premises at the end of the stay.
He refrains from setting up his main residence in the “ILLIXO Gîte”.
He may not in particular claim the benefit of the provisions of Law n ° 89-462 of July 6, 1989 tending to improve rental relations and amending Law n ° 86-1290 of December 23, 1986.

Article 3. Conclusion of the contract:

The reservation becomes effective as soon as the lodger has sent the owner a deposit of 30% of the total rental amount and a copy of the contract signed before the date indicated in the contract. A second copy is to be kept by the lodger. For Internet bookings, the agreement of the General Conditions of Online Sale and the IT contract replaces the signed contract. The balance of the total rental amount will be paid by the lodger upon arrival at the holiday cottage.
The rental is concluded between the parties to the contract. No third party can claim any right in execution of this contract, even partially, without the written agreement of the owner.
The lodger will occupy the premises personally, with his family or friends. He cannot install third parties there either in his presence or in his absence. It is specified that the ILLIXO holiday cottage has a maximum capacity of 15 people (15 beds). Any overshooting of the sleeping capacity is strictly prohibited.
The lodger can neither lend, nor sublet, in whole or in part, the rented place, under any pretext, even temporarily or free of charge. He may not assign, in whole or in part, his right to this rental.
Any violation of this article 3 would be likely to result in the immediate termination of the rental at the expense of the lodger, the rental proceeds remaining definitively acquired by the owner.

Article 4 – absence of withdrawal:

For reservations made by post, telephone, email or internet, the lodger does not benefit from the withdrawal period, and this in accordance with article L121-21-8 of the french consumer code relating in particular to the provision of services. ‘accommodation provided on a specific date or periodicity.

Article 5 – cancellation by the lodger:

All cancellations must be confirmed by registered letter with acknowledgement of receipt to the owner.
a) cancellation before arrival at the premises, the deposit remains with the owner. The latter may request the balance of the amount of the stay, if the cancellation occurs less than 30 days before the scheduled date of entry into the premises.
b) If the lodger 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 lodging. The deposit also remains with the owner who will additionally request payment of the rental balance.
c) if the stay is shortened, the rental price remains with the owner. There will be no refund.

Article 6 – cancellation by the owner:

The owner pays the lodger the full amount already paid.

Article 7 – arrival:

The lodger must appear on the specified day and at the agreed time, generally between 4 p.m. and 7 p.m. In case of late or delayed arrival, the lodger must notify the owner. As far as possible, the lodger will make his best efforts not to arrive after 9:00 p.m. If despite his efforts, the lodger should arrive after 9:00 p.m., the owner reserves the right to call on a third person to welcome or place the keys in a coded key box and plan with the lodger an inventory the next morning. In this case, any damage caused by the lodger would be automatically noted by the owner in the inventory (intrance inspection), without any dispute being possible on the part of the lodger.

Article 8 – departure:

The lodger must vacate the rental no later than 10 a.m. on the scheduled day. The owner provides lodger with a storage area for luggage in the event of departure during the afternoon. This area must be vacated by 4 p.m. by the lodger.

Article 9 – inventory:

An inventory is established jointly on the basis of the inventory annexed to the rental contract (Annex 1). This inventory is signed by the lodger and the owner or his representative on arrival and departure from the holiday cottage. This inventory is the only reference in the event of a dispute concerning the inventory. However, in the case of a very late arrival of the lodger beyond 9:00 p.m., as specified in article 7, the lodger cannot exercise any recourse against the owner, if he damages part of the ILLIXO lodging or his container between his arrival and the inventory carried out the next day. Damage will be automatically attributed to him.
The state of cleanliness of the holiday cottage upon arrival of the lodger must be noted in the inventory. The cleaning of the house and the external private parts is the responsibility of the lodger during the rental period. End of stay cleaning is the responsibility of the owner. However, the lodger is required to leave the premises in a correct state, under penalty of being billed for exceptional cleaning costs. By “correct condition”, it is necessary to understand places tidy and free from excessive dirt (earth chippings, grease on the piano of the kitchen, dishes not made for example).

Article 10 – security deposit or deposit:

On arrival of the lodger, a security deposit in the amount of 500 Euros (Five hundred euros) is requested by the owner (not cashed). After the contradictory establishment of the inventory of fixtures, this deposit is returned within ten days maximum, after deduction of the cost of restoration of the premises if degradations were noted.
In the event of early departure (earlier than the time mentioned on this contract) preventing the establishment of the inventory on the day of the lodger’s departure, the deposit is returned by the owner within a period not exceeding ten days, after deducting the cost of restoring the premises if damage was observed. In this case also, the owner will carry out only the inventory of fixtures and the lodger gives up any possible appeal with the owner if a deterioration was noted by his care.
If the costs of restoration of the premises should exceed the value of the security deposit, the owner will keep it and invoice the lodger the sum corresponding to the difference between the value of the security deposit and the real value of the works or the purchase damaged parts and will produce proof thereof by presenting invoices, photos or any other evidence.

Article 11 – Expenses:

The parties agree that the amount of the rent is inclusive of charges and taxes (excluding tourist tax). All prices are indicated in Euros.

Article 12 – tourist tax:

The tourist tax is a local tax that the customer must pay to the owner who then transfers it to the public treasury. This is not included in the rental price. It amounts to 1.10 Euros per adult person per day.

Article 13 – use of the premises:

The tenant must ensure the peaceful nature of the rental and make use of it in accordance with the destination of the premises, namely the accommodation by the lodger as furnished tourist accommodation. Between 8 p.m. and 8 a.m., the lodger and their co-tenants must respect the silence of the premises. Parties and other evening entertainment are not allowed in the holiday cottage. Any violation of this last paragraph would be likely to result in the immediate termination of the rental at the expense of the lodger the rental proceeds remaining definitively acquired by the owner.
A room for storing ski equipment and other sports equipment is provided. The lodger will be required to deposit his skis there. Ski boots and hiking boots must also be left there to keep the ILLIXO cottage perfectly clean. Sports shoes and outfits can also be left in the laundry room to keep warm and dry. The lodger cannot store them in the house. The room can be closed. The lodger is fully responsible for its closure as well as the closure of the house.
This room offers electrical outlets for recharging electric bicycle batteries. These batteries are prohibited in the house and should only be recharged in this room, for safety reasons.
Smoking is not allowed inside the Illixo Cottage. Smoking is allowed outside in the garden.
The customer more generally undertakes to comply with the etiquette instructions which will be indicated to him, those which are binding on all as long as one lives in community and these general conditions of sale.

Article 14 – capacity:

This contract is established for a maximum capacity of Fifteen (15) people. If the number of lodgers exceeds the capacity, the owner can refuse the additional persons. Any modification or breach of the contract will be considered on the initiative of the client, the rental proceeds remaining definitively acquired by the owner.

Article 15 – reception of animals:

Pets are allowed to stay at ILLIXO cottage. It is mandatory that dogs stay in the garden and on the ground floor of the house and do not access the other floors.

Article 16 – insurance and liability:

The lodger is responsible for all damage caused by him.
The lodger must be insured by an insurance policy covering the risks of fire, explosions, water damage, theft which may affect, in addition to his personal effects, the rented premises and the equipment and furniture furnishing them as well as the recourse of neighbors and rental risks (resort type insurance).
Consequently, the lessee cannot exercise any recourse against the lessor in the event of theft, burglary or criminal act of which he could be a victim in the rented premises and the lessor declines any responsibility for the recourse that his insurance company could exercise against lodger in case of disaster.
The attention of the lodger is drawn to the fact that minors evolving on the property are placed under the sole and entire responsibility of their parents or persons having authority over them.

Article 17 – disputes:

As far as possible, complaints are settled amicably. But, in the absence of an amicable agreement, any complaint relating to the inventory, the state of the description during a rental or any other dispute, must be submitted by mail with acknowledgment of receipt to the management of the ILLIXO cottage within three days of finding a dispute.

Article 18 – Modification of these conditions of sale:

These conditions of sale are subject to change at any time without notice. Acceptance and compliance with these conditions of sale are deemed to have been acquired as soon as the deposit has been paid.

Article 19 – IT law and freedom:

In accordance with french law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have the right to access and rectify data concerning you. We undertake not to transmit in any case the information that you have communicated to us to other companies or organizations.

Article 20 – Jurisdiction:

Any dispute, complaint or claim arising out of and / or related to this Rental Agreement, including questions relating to its existence, performance, interpretation, validity or cancellation, termination or invalidity of that -this, is subject to the exclusive jurisdiction of the Commercial Court of TOULOUSE, FRANCE, even in the event of a third party claim or multiple defendants:
Registry of the Commercial Court
Place de la Bourse
B.P. 7016
31068 TOULOUSE Cedex 7

The French version of these general conditions of sales prevails over the English version in case of any discrepancy. The translation is only given as an indicative information.