These terms are applicable to all reservations
1 – Parties to the contract :
“You” or “the Guest” or “the Buyer” refers to any user of this site who reserves, orders and/or buys any Products and Services offered.
You may use this Site only if you are an adult and qualified to sign binding contracts. You will be financially liable for all your uses of the Site. The services sold on this Site are reserved for individuals only. Groups and professionals must contact the Vendor directly. “We” or “the Vendor” designates the legally authorised reservations center selling tourist rentals, stays and packages on behalf of its principals and undertaking to comply with the following professional rules: article 68 of the Decree of 1972 amended for non-package accommodation rentals, articles R211-3 to R211-11 of the Tourism Code for tourist trips and packages.
2 – Purpose :
The purpose of this contract is to provide remote electronic booking for an accommodation provided by Ti War An Dour in base de loisirs du Rouvray, 56120 Guégon (France). Ti War An Dour may in no case be held liable for the use of these contracts by third parties or for purposes other than tourism.
3 – Online reservation:
After making your selection and clicking on the “Booking” button, a screen will appear summarising the booking information. You will then be asked to fill in a page of personal information and confirm it. A screen will then summarise all of the specific information appearing in the contract. Finally, when you click on the “CONFIRM” button, you approve and confirm your order, declare that you have acquainted yourself with and accepted these conditions, and are thereby irrevocably bound by them. Your acceptance may not subsequently be called into question except by application of the article relating to your right of withdrawal. The automatic registration systems put in place by the Vendor are considered proof that you have entered into the reservation contract. You will receive confirmation of your order by email. This confirmation will specify the essential characteristics of the booking, its price, and its terms of payment. The contents of these booking confirmations are kept on file by the Vendor. They are considered proof of your consent to the booking contract and of its date.
4 – Payment method :
Online payment by credit card enables you to reserve your holiday online, immediately and firmly. Thus, the full amount of the reservation options as well as the price of your stay will be asked for this purpose. For the payment, credit card is the only option.
5 – Non-transferability :
Unless article 32 of the present terms and conditions of sale is applied, the contract is entered into intuitu personae and may not be transferred.
6 – Capacity :
The contract is established for a specific number of persons. If the number of vacationers exceeds the accommodation capacity, the service provider may refuse to accept the additional guests. In this case, any amendment to or breaking of the contract will be considered to be at the guest’s initiative.
7 – Your pets :
The contract specifies that pets are not are not allowed. If you do not comply with this clause, the service provider may refuse to accept your stay. In this case, no refund will be given.
8 – Cancellation by Guest :
Any cancellation must be communicated by letter or email to the reservation service. a/ You have cancellation insurance: you should refer to the refund conditions specified in the insurance contract.
b/ You do not have cancellation insurance: for any cancellation by the Guest, a refund will be issued by the reservation service, excluding booking fees, as follows:
- cancellation up to the 21st day inclusive before the start of the stay: the amount of the deposit, corresponding to 25% of the rent, will be retained, along with all booking fees and any charges for cancellation insurance that may have been taken out; in addition, if the Guest so chooses 25% of the amount of all services directly associated with the holiday as appearing on the Fact Sheet and the balance will be refunded if it has been collected as of the cancellation date.
- cancellation between the 20th day and the 8th day inclusive before the start of the stay: 50% of the amount of the rent and of the services directly associated with the holiday, if the Guest has chosen any, will be retained;
- cancellation between the 7th day and the 2nd day inclusive before the start of the stay: 75% of the amount of the rent and of the services directly associated with the holiday, if the Guest has chosen any, will be retained ;
- cancellation on the day before or on the arrival date originally specified in the contract, or no-show: no reimbursement will be made. Any other complaint relating to a stay may be sent by email, as soon as possible to the owner, the only competent authority to make a proposal for an amicable agreement.
In case of shortened stay, there will be no refund unless the reason for the interruption is covered by cancellation insurance which can benefit the customer.
9 – Interruption :
If you interrupt your holiday, no refund will be given unless the reason for the interruption is covered by your cancellation insurance.
10 – Cancellation by Vendor :
If the reservation service cancels the holiday before its start, this service must inform you of this by registered letter with confirmation of receipt. You will receive an immediate refund of any sums paid, without penalties. You will also receive compensation at least equal to the penalty you would have owed if you had cancelled the reservation at that date.
These provisions do not apply when an amicable agreement is entered into involving your acceptance of a replacement holiday offered by the Vendor.
11 – Change in a substantial element :
If, before the date set for the start of the stay, the reservation service is forced to modify any of the essential elements of the contract, you may, after being informed by the Vendor by registered letter with confirmation of receipt:
- either terminate your contract and obtain an immediate refund of the sums paid, without penalties;
- or accept the modification or the substitution of holiday destinations offered by the Vendor: an amendment to the contract specifying the changes made is then signed by the parties.
Any reduction in price is deducted from the sums still owed by the Client, and if the payment already made by you exceeds the price of the modified service, the overpayment will be returned to you before the start of your stay.
12 – Vendor’s inability during the holiday to provide the services called for in the contract :
If, during the holiday, the Vendor is unable to provide a preponderant portion of the services called for by the contract, representing a substantial percentage of the price honoured by the Client, the reservation service will offer a replacement holiday, bearing any additional cost for same. If the holiday accepted by the Client has an inferior quality, the reservation service will refund you the difference in price before the end of your holiday. If the Vendor is unable to offer a replacement holiday, or if the replacement is rejected by you for valid reasons, the Vendor will pay you an amount of money corresponding to the amount of the rental (public price excluding cancellation insurance) calculated prorata to the number of days remaining until the initial end of the holiday, and a compensation in the same amount as damages.
13 – Guest’s responsibility :
It is up to you to check that the information you provide when registering or at any other time is correct and complete. It is your responsibility to be certain that the contact details you communicate when making your reservation are correct and that they will enable you to receive your reservation confirmation. In the event you do not receive this confirmation, you must contact the Vendor. So that your case can be handled, you must immediately inform the Vendor of any change in the information provided when you registered.
14 – Vendor’s responsibility :
The Vendor who offers services to guests is their sole contact and answers for the fulfilment of the obligations arising from the present terms and conditions of sale. The Vendor may not be held liable for unforeseeable circumstances, force majeure cases or for the actions of any person outside the organisation and the course of holiday.
15 – Use of French language and primacy of French
In accordance with Law 94-664 of 4 August 1994, the offers presented on this site for French customers are written in French. Commercial translations into foreign languages of all or part of the sections appearing on this site may however be accessible. The parties agree that the French version prevails over all commercial translations in another language.
16 – Site use :
This site features reservations for houseboat holidays, quality-assured by Ti War An Dour. The site’s function is to assist you in finding Products and Services related to your trip, and to make the appropriate reservation or any other transaction. Any use of the site’s booking service that is fraudulent or violates the present Terms and Conditions of Sale may cause Ti War An Dour having local jurisdiction to deny access at any time to the Services offered on this site.
17 – Intellectual property :
Vendor’s undertaking: The publication of online information is subject to the same legal requirements as traditional publishing. This site’s contents are therefore governed by various laws which give the Internet-using reader various rights and obligations. The Vendor and publisher of this site undertake to comply with current publishing rules and to take all possible measures to ensure that the information offered to the public is valid. It authorises the reader to print all or part of the site’s content for strictly personal use. The Client’s undertaking: You undertake to comply with the intellectual-property rules for the various content offered on the site, which implies that you undertake not to reproduce, summarize, modify, alter or redistribute, without the prior express authorisation of the site’s proprietor, any article, title, application, software, logo, trademark, information or illustration for any use other than strictly private, which excludes any reproduction for professional, profit-making purposes or for mass distribution. You undertake not to reproduce all or part of the site onto any other medium. Failure to comply with these mandatory undertakings engages the violator’s civil and criminal liability.
18 – Personal data protection :
The personal data concerning the Client collected by the Ti War An Dour are computer-processed. You may receive business proposals from our network for products and services similar to those you have ordered. Pursuant to the “Information Technology and Freedoms” Act of 06/01/78 amended in 2004, the Client has a right to access and correct the information about him/her. If you wish to exercise this right, just write to us, or send us your request by e-mail. The Vendor maintains the confidentiality of the data entered into the firms on this site.
19 – Applicable legislation and jurisdiction :
The parties agree that this contract is governed by French law, including with regard to jurisdiction over it.
20 – Proof :
Except in the case of manifest error by the Vendor, it is expressly agreed that the data kept in the data system of the Vendor and/or its partners have probative value with regard to orders submitted. The computer-based or electronic data kept by the Vendor constitute proof. If these data are produced by the Vendor as means of proof in any litigation or other procedure, they will be admissible, valid and enforceable between the parties, in the same manner, under the same conditions and with the same probative force as any document prepared, received or kept in writing.
21 – Complaints – Dispute settlement – Dishonest guests:
Any complaint relating to the electronic reservation procedure may be addressed to Ti War An Dour. Any complaint relating to the condition of the premises and/or the fact sheet of the holiday site must be submitted to Ti War An Dour within three days of entry into the premises. Any other complaint must be sent as quickly as possible, by registered letter. When the reservation service, as agent, pays compensation to the guest on behalf of the proprietor, the reservation service subrogates the guest in the rights and actions it holds against the proprietor. The Vendor reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to payment of a previous debt. The terms described in the present chapter complete the current terms applicable for all reservations
22 – Dates on which the price of the holiday is collected :
In application of article 68 of Decree 72-678 of 20 July 1972, amended, reservations for seasonal rentals made through a broker may not be paid more than six months in advance of entry into the premises. Consequently, reservations for a stay made more than six months before entry into the premises are not subject to payment before that period of time. However, for reservations made less than 30 days before the start of the holiday, payment of the full price of the holiday will be required when the contract is entered into.
23 – Prices :
Rates are indicated in each Fact sheet and correspond to the total cost of the rental for the accommodations for the indicated period (for instance in peak season: from Saturday 6pm through the following Saturday 10am). All arrivals are on the first night at 6 pm and all departures are the day after the last night before 10 am.
24 – No right of withdrawal :
For reservations made online, the renter does not have the right of withdrawal, pursuant to article L121-21-8 of the Consumer Code relating in particular to accommodation services provided at a given date or according to a given frequency.
25 – Check-in :
You must present yourself on the day specified and at the time mentioned in the reservation contract or in the acknowledgement of receipt of your reservation. In the event that you arrive late or your arrival is postponed or prevented at the last moment, you must notify the service provider (or proprietor) whose address and telephone number appears on the voucher or fact sheet.
26 – Condition of premises
An inventory is drawn up jointly and signed by you and the proprietor or his representative when you arrive at and depart from the lodging. This inventory constitutes the sole reference in the event of a dispute regarding the condition of the premises. You are required to make use of the rental property as would a reasonable person. The cleanliness of the lodgings when you arrive must be indicated in the statement of condition of the premises. The vacationer is responsible for cleaning the premises during the rental period and before leaving. The Customer may subscribe to the “Cleaning” service at the price indicated in the rate card of the year of his stay. The amount of any cleaning charges is determined based on the calculation indicated in the fact sheet.
27 – Security deposit
When you arrive at your holiday venue, a security deposit, the amount of which is indicated on the fact sheet, is requested by the proprietor. After the inspection report is drawn up jointly at the time of departure, this deposit is returned, minus the cost of restoring the premises to their original condition if damage is found. In the event of early departure (prior to the times mentioned on the fact sheet) preventing the statement of condition of the premises from being prepared on the same day that you leave, the security deposit is returned by the proprietor within one week.
28 – Payment of charges
At the end of your stay, you must pay to the proprietor any charges not included in the price. Their amount is determined based on the calculation mentioned in the fact sheet, and documentation is provided by the proprietor. In the tourism sector of Ti War An Dour, these charges are free.
29 – Insurance
You are responsible for all damages caused by you. You must be insured by a holiday-type insurance contract for these various risks ou may be asked to present an insurance certificate when you arrive at the premises, or for a certification on your honour. The terms described in the present chapter complete the current terms applicable for all reservations
30 – Dates on which the price of the holiday is collected
For online reservations made at least 30 days prior to the start of the holiday, payment of the total price of the holiday will be required when the contract is entered into. The terms described in the present chapter complete the current terms applicable for all reservations
31 – Contract transfer
You may transfer your contract to a transferee who meets the same conditions as you to take the holiday. In this case, you are required to inform the reservation service of your decision by registered letter with confirmation of receipt no later than seven days before the start of the holiday. The contract transfer must be made at your cost The transferor and the transferee are jointly liable towards the Vendor for payment of the balance of the price and any additional charges occasioned by this transfer.