Bellavista genERal SALES conditions
BELLAVISTA, via the www.bellavista-villas.com website, offers stays in private residences or apartments, whether or not dependent on hotel establishments, hereinafter referred to as PROPERTIES. These PROPERTIES are owned by private individuals or companies, hereinafter referred to as the SUPPLIER. They offer included, optional or compulsory services hereinafter referred to as SERVICES.
1. PRELIMINARY QUOTATION TO BOOKING
BELLAVISTA responds to the CLIENT’s various holiday wishes and issues indicative offers. Options can be taken with BELLAVISTA, they are generally effective for 72 hours and guarantee the availability of the selected PROPERTY.
Before any definitive reservation of a stay by the CLIENT, BELLAVISTA will communicate in writing all the necessary pre-booking details required by law, as well as the details of the services included in the stay and/or those to be paid in addition, and/or those whose amount will or must be confirmed at the time of payment.
Any additional services not included must be confirmed in writing.
2. BOOKINGS
All holiday bookings must be confirmed to BELLAVISTA by means of the ONLINE BOOKING FORM specifying the pre-booking conditions, accessible via the e-mail granting the option.
The PRELIMINARY QUOTATION TO BOOKING, defining the SPECIAL CONDITIONS, the services included or not in the price of the stay and/or the additional services, as well as THE BOOKING FORM, duly completed, constitute an original contract.
The signatory of the BOOKING FORM assumes the contractual obligations arising from the reservation as well as those of the persons whose names appear on the said BOOKING FORM. The reservation is only valid for the persons named on the BOOKING FORM.
The BOOKING FORM validated and submitted electronically to BELLAVISTA expresses the full consent of its signatory, gives rise to the STAY AGREEMENT and entails the full responsibility of its signatory with regard to the conditions of reservation, payment and cancellation.
3. PAYMENTS
After the electronic validation of the BOOKING FORM and its online submission to BELLAVISTA, the CLIENT must make the payment before the expiration of the option granted. After this period, BELLAVISTA will no longer be able to guarantee the CLIENT the availability or the conditions of its preliminary offer.
Payments for stays will be made according to the terms and conditions specified on a case-by-case basis in the PRELIMINARY QUOTATION TO BOOKING.
The reservation will be definitively validated by BELLAVISTA and will engage its responsibility towards
BELLAVISTA is liable to the CLIENT from the day of receipt of this first payment. The CLIENT will receive a firm written confirmation as soon as the first payment has been received.
It is understood that if payment deadlines are not met by the CLIENT, without prior written agreement between the parties, BELLAVISTA will have the right to cancel the booking.
All payments for stays must be made in accordance with the payment schedule in the PRELIMINARY QUOTATION TO BOOKING, by credit card or bank transfer to the BELLAVISTA bank account, the details of which will be specified at the time of sending. For payments by credit card, it is agreed that any payment by foreign credit card linked to an account located outside mainland France will give rise to a surcharge of 2%.
4. PRICES AND RATES VARIATION, DESCRIPTION OF OFFERS
Prices are in euros, per day, for stays generally from Saturday to Saturday, unless otherwise agreed. Indicative prices and descriptions of offers can be consulted on the BELLAVISTA website or are available on request. Specific offers may be issued by BELLAVISTA on quotation in case of a longer or shorter stay. Rates may vary according to the services offered, the time of year and economic fluctuations in the market for each destination.
In any case, BELLAVISTA can only be bound by the firm prices that appear on the PRELIMINARY QUOTATION TO BOOKING. This PRELIMINARY QUOTATION TO BOOKING will also stipulate the services and charges, whether included in the price of the stay or not and giving rise to an additional payment. In the event of a dispute, only the PRELIMINARY QUOTATION TO BOOKING shall be deemed authentic. The information provided on the BELLAVISTA website is for information purposes only at the time of publication.
5. DESCRIPTION OF THE PROPERTY
The description of the PROPERTY available on the BELLAVISTA website conforms to the information transmitted to BELLAVISTA by the SUPPLIER. BELLAVISTA undertakes to keep its descriptions up to date, and to inform the CLIENT of any modifications, improvements or deteriorations that are brought to its attention. BELLAVISTA cannot be held responsible for information that has not been communicated. Under no circumstances will BELLAVISTA be held responsible if the SUPPLIER has not informed the CLIENT of any changes affecting the STAY or the SERVICES, the immediate environment of the STAY or its availability prior to the reservation date, or between the reservation date and entry into the STAY.
6. RESERVATION MODIFICATION – CANCELLATION
6.1 CANCELLATION OR MODIFICATION BY THE CLIENT
For each modification made to a firm reservation, the CLIENT will be required to pay BELLAVISTA a new booking fee equivalent to that stipulated on the PRELIMINARY QUOTATION TO BOOKING. If these new modifications lead to an increase in the price of the stay, the CLIENT will pay the amounts due within 72 hours.
The CLIENT may cancel the reservation at any time. Whatever the reasons that may lead the CLIENT to request the cancellation of his/her reservation, this request must be sent to BELLAVISTA by registered letter with acknowledgement of receipt, in order to be effective. The date of receipt shown on the acknowledgement of receipt will determine the amount of the cancellation fees according to the scale stipulated in the cancellation conditions of the PRELIMINARY QUOTATION TO BOOKING. The CLIENT undertakes to respect these conditions.
If BELLAVISTA does not receive a cancellation request by registered letter with acknowledgement of receipt, the CLIENT will be liable for the full amount of the reservation.
Cancellation insurance and booking fees are not refundable.
6.2 CANCELLATION OR MODIFICATION BY BELLAVISTA
In the event of substantial modification of the conditions of stay, of the essential services or of non-conformity of the essential services or of non-availability of the PROPERTY, BELLAVISTA will immediately reimburse the sums received by the CLIENT or will endeavour to propose a stay of at least an equivalent amount.
If the CLIENT accepts the new stay proposal, this proposal will be the subject of a new PRELIMINARY QUOTATION TO BOOKING.
In the event that a SERVICE cannot be provided or is provided in a manner not in accordance with the contract, the CLIENT may request that this be remedied within an appropriate period of time. BELLAVISTA is entitled to remedy the situation by offering an alternative service of the same value or, failing that, to reimburse the service.
6.3 EXCLUSIONS OF LIABILITY
BELLAVISTA cannot be held responsible for the loss of the stay or for any additional expenses due to delays or changes in train, boat, airplane or other means of transport services, as well as due to illness, quarantine, strikes, bad weather, civil unrest, war, epidemics or any other causes. Any losses or additional expenses shall be borne entirely by the CLIENT. Any interrupted or shortened stay, or any service not consumed for whatever reason, will not give rise to any reimbursement.
7. INSURANCES
7.1 OPTIONAL CANCELLATION INSURANCE
BELLAVISTA offers the CLIENT the possibility of taking out CANCELLATION INSURANCE for their stay as part of the PRELIMINARY QUOTATION TO BOOKING. The amount is established as a percentage of the price of the stay. If the CLIENT decides to take out this insurance, it will be indicated on the PRELIMINARY QUOTATION TO BOOKING and must be paid at the time of subscription. It is non-refundable. It comes under the cancellations provided for in the INSURER’s contract, whose guarantees can be consulted in the PRELIMINARY QUOTATION TO BOOKING. CANCELLATION INSURANCE is valid from the day the BOOKING FORM is signed until the start of the holiday.
7.2 MANDATORY CUSTOMER INSURANCE
The CLIENT is obliged to take out insurance with a solvent insurance company against the risks of theft, fire, and water damage, both for risks related to his stay and for rental risks and that of the furniture furnishing the DEMEURE. BELLAVISTA, the SUPPLIER or a representative of the SUPPLIER may request the client to provide proof of insurance. BELLAVISTA cannot be held responsible for any difficulties or impossibiliteś to take possession of the PROPERTY, resulting from the inability to provide such a certificate. The CLIENT is invited to inquire with his insurance company about “holiday” insurance or/and to notify his civil liability insurance.
8. SECURITY DEPOSIT
In order to protect the CLIENT against any deterioration that may occur during the stay, the CLIENT will be required to remit a SECURITY DEPOSIT either to BELLAVISTA, by means of the Swikly financial partner service or by bank transfer, or directly to the SUPPLIER or his agent.
The SECURITY DEPOSIT shall not bear interest. The amount of the SECURITY DEPOSIT varies according to the characteristics of the PROPERTY.
In the event that BELLAVISTA collects the SECURITY DEPOSIT from the CLIENT as the SUPPLIER’s
BELLAVISTA shall not be considered as the holder of the SECURITY DEPOSIT.
9. CONDITIONS OF STAY
9.I TRAVEL DOCUMENTS AND INFORMATION
15 days prior to departure, the CLIENT must confirm the exact day and time of arrival, as well as his means of transport. Without this information, BELLAVISTA will not be able to deliver the necessary travel documents and organize the reception on site. The CLIENT will receive a travel document called “VOUCHER” before departure (generally one week before).
The INDICATIVE ACCESS ROUTE is given to the CLIENT only as a suggested route based on commonly available information. The choice of route to the DEMEURE remains that of the CLIENT and BELLAVISTA cannot be held responsible for the risks inherent in the route.
The VOUCHER specifies the exact address of the HOME. If a reception is planned on site, the VOUCHER specifies the name and contact details of this person, known as the KEY HOLDER.
The “VOUCHER” also specifies the terms of delivery of the SECURITY DEPOSIT (see paragraph 8), its amount and the name of the person to whom this SECURITY DEPOSIT will have been delivered or must be delivered. The “VOUCHER” may be claimed from the CLIENT on site and constitutes proof of reservation.
9.2 ACCOMMODATION CAPACITY
The number and identity of the persons who will benefit from the stay in the PROPERTY are fixed by an exhaustive and restrictive list stipulated on the BOOKING FORM. This number and these identities must be scrupulously respected, even if the number of occupants appearing on the BOOKING FORM is lower than the actual capacity on site and this for the entire duration of the stay, unless expressly agreed in writing between the CLIENT and BELLAVISTA. If the CLIENT does not have a complete list of the beneficiaries of the stay at the time of booking, he must provide it, in writing, to BELLAVISTA, imperatively 21 days before his departure. If no new list is provided to BELLAVISTA within this period, the list provided at the time of booking will be considered exhaustive.
It is expressly specified and the CLIENT acknowledges being informed that, depending on the legislation in force in the countries where the residences are located, the number and identity of the beneficiaries of the stay may be subject to compulsory declaration to an insurance company and to the local authorities.
BELLAVISTA must be informed of any changes to this declaration.
This declaration will be used to calculate the amount of tourist tax to be paid in accordance with the PRELIMINARY QUOTATION TO BOOKING.
9.3 CHECK-IN AND CHECK-OUT PROCEDURES
Arrival is scheduled, unless otherwise agreed, between 4pm and 7pm, on the date specified in the BOOKING FORM and the address specified in the “VOUCHER”. In the event of an exceptional change to the arrival date, the CLIENT must inform BELLAVISTA and the KEY HOLDER. Should the CLIENT fail to arrive at the address and on the date indicated in the “VOUCHER” without any warning, he will lose all rights to his reservation. Arrival outside the times indicated above must be expressly indicated on the BOOKING FORM or by written agreement from BELLAVISTA and may be subject to an additional charge.In the event that access to the DEMEURE requires the use of an access code, the code communicated by the SUPPLIER will be transmitted to the CLIENT in the INDICATIVE ACCESS ROUTE. Unless otherwise agreed before 10am, departure is scheduled on the date specified in the BOOKING FORM. The CLIENT must inform the KEY HOLDER 72 hours before the exact time of departure in order to fix and organize an appointment to proceed on the day of departure, to the verification of the DEMEURE, to sign any exit document (if necessary an EXIT STATEMENT) and to proceed to the various payments of charges and additional services.
9.4 ACCESS TO THE PROPERTY, KEYS DELIVERY, SECURITY DEPOSIT
The keys are handed over by the KEY HOLDER whose contact details are given on the VOUCHER.
Access to the PROPERTY may be refused to the CLIENT in the absence or in the event of refusal to produce and hand over this SECURITY DEPOSIT. In this case, the CLIENT will forfeit any sums already paid.
The CLIENT is advised to have an ENTRY STATEMENT signed on site to avoid any dispute.
BELLAVISTA cannot be held responsible for the SECURITY DEPOSIT. Any dispute arising from the non-return or use of the SECURITY DEPOSIT shall be settled exclusively between the CLIENT and the SUPPLIER or the agent who collected it on the CLIENT’s behalf.
9.5 PROPERTY CONDITION AND EQUIPMENT
On arrival at the property and on handing over the keys, the CLIENT must ensure that the PROPERTY conforms to the description provided by BELLAVISTA, that its equipment is in good working order, and that the PROPERTY is delivered in a clean condition. Any complaint concerning the cleanliness and functioning of the equipment must be made directly to the KEY HOLDER on site or to the SUPPLIER and BELLAVISTA.
BELLAVISTA, acting as an intermediary between the customer and the SUPPLIER, cannot be held responsible for the state of cleanliness and proper functioning of the equipment made available to the customer on site.
However, if necessary, BELLAVISTA will be at the customer’s disposal during its opening hours to intervene with the SUPPLIER and instruct it to comply promptly with its obligations.
During his stay, the CLIENT undertakes to maintain the PROPERTY in a good state of cleanliness and to return the PROPERTY in the same state of cleanliness as he received it. The CLIENT must pay for any exit cleaning services that were not included in the price of the stay, and will assume any additional charges that may be claimed upon departure if the PROPERTY is returned in an insufficiently clean state and/or requiring additional cleaning.
The CLIENT also undertakes to respect the initial layout of the PROPERTY (position and orientation of furniture, beds and equipment). An additional charge may be made on the spot for any additional work required to restore the property to its original state.
In the event of any problems concerning the enjoyment of the PROPERTY or the performance of ancillary SERVICES provided for in the PRELIMINARY QUOTATION TO BOOKING, the CLIENT is obliged, within the framework of the provisions of the law, to make every effort to contribute to the elimination of the problem and to reduce to a minimum any damage that may result from the said problem.
9.6 DAMAGE, ADDITIONAL CHARGES AND SERVICES, RETURN OF SECURITY DEPOSIT
BELLAVISTA cannot be held liable for any additional charges or services requested on site (changes to bed arrangements, extra cleaning, change of bed linen, etc.) which require additional payment on site.
Any charges or services not included in the price of the stay must be paid for on site. They are generally stipulated in the PRELIMINARY QUOTATION TO BOOKING, but their amount, if specified, can only be given as an indication. Certain charges, such as telephone, gas, electricity, pool heating, end-of-stay cleaning, etc., depend on actual consumption and can only be estimated at the end of the stay, at the time of departure.
BELLAVISTA recommends that the CLIENT sign an EXIT SURVEY. If no damage is found on the customer’s departure (when the EXIT SURVEY is carried out), and if the client pays any additional charges and services, the SECURITY DEPOSIT may be returned immediately by the SUPPLIER. If this is not the case, the SECURITY DEPOSIT will be returned to the client (within a maximum legal period of 60 days) after deduction of repairs or payment of charges. BELLAVISTA cannot be held responsible for the SECURITY DEPOSIT or for any other sums not entrusted to BELLAVISTA. The client must settle any dispute directly with the SUPPLIER.
10. RESPONSABILITY
BELLAVISTA’s liability under the STAY AGREEMENT provided for herein is limited to that laid down by French law and the Civil Code for agents. BELLAVISTA’s liability is excluded or limited by international agreements or laws that may be applicable.
11. EXCLUSION OF LIABILITY FOR BELLAVISTA
– NUISANCES : BELLAVISTA cannot be held responsible for any works, construction sites, or other disturbances of private or public origin that may affect residents, whether or not they have booked their stay through BELLAVISTA. Likewise, BELLAVISTA cannot be held responsible for any irregularities in water, electricity, gas, telephone, Internet or other services. In general, BELLAVISTA declines all responsibility for any disturbance of use not caused by BELLAVISTA.
– ADDITIONAL SERVICES: BELLAVISTA shall not be held responsible for the quality of any additional services offered by the SUPPLIER on site or by any other service provider external to BELLAVISTA and/or any services booked outside BELLAVISTA.
– SWIMMING POOLS: Swimming pools may not be emptied unless expressly agreed by the SUPPLIER on site or by the KEY HOLDER. For safety reasons, the CLIENT is forbidden to intervene personally in the machinery. Maintenance and operation of the pool will be carried out by the SUPPLIER or a representative, usually once a week. In the event of a problem, the customer must immediately inform the SUPPLIER or his representative of the solution to be adopted.
Pools are usually available for use from June 1 to the end of September. It is the CLIENT’s responsibility to inquire about and verify their availability and functionality for stays outside this period. Finally, the SUPPLIER is responsible for installing a safety device that complies with current standards for all swimming pools located in FRANCE, that are in-ground and not enclosed, private, for individual or collective use (art Ll28-2 aliéna 2 nouveau du CCH (law N° 2004-1 of 2/01/2004, article 19)). BELLAVISTA declines responsibility for any failure on the part of the SUPPLIER and for any accidents occurring around the pool. For other countries, the customer is responsible for obtaining local information and taking all necessary measures to ensure his or her safety and that of all guests.
BELLAVISTA shall not be held liable for any damage caused or aggravated by poor relations between the client and the KEY HOLDER, the SUPPLIER or any of the latter’s agents.
BELLAVISTA cannot be held responsible for any changes to the HOME and its immediate surroundings that have not been brought to its attention by the SUPPLIER.
BELLAVISTA cannot be held responsible for any shortcomings, deficiencies, failures or omissions on the part of the SUPPLIER, the KEY HOLDER or the supplier’s agents.
BELLAVISTA shall not be held liable in the event of force majeure or fortuitous events that prevent it from performing the services under the STAY AGREEMENT.
12. COMPLAINTS
Any complaints concerning the DEMEURE must be made within 48 hours of the event by e-mail or registered letter, accompanied by supporting documents, to BELLAVISTA, 12 passage TURQUETIL, 75011 Paris. Once this 48-hour period has elapsed, claims cannot be taken into consideration. In the event of a dispute, the Paris Court will have sole jurisdiction.
13. CLIENT OBLIGATIONS
In general, the CLIENT must behave as a good father of the family and take care of the upkeep of the PROPERTY.
The CLIENT is responsible for any damage or breakage caused during his/her stay in the PROPERTY. An emergency number is usually indicated on the “VOUCHER” and/or given to the customer on site.
The CLIENT must not do anything which, by his own doing or that of his family or relations or of any beneficiary of the stay in the PROPERTY, may disturb the peace and quiet of the neighborhood. In particular, he/she must ensure that the noise level of any appliances he/she may use in the PROPERTY does not constitute a source of nuisance for the PROPERTY’s neighbors. He/she will be held personally responsible for any noise, odors, smoke, light or any other form of nuisance that may be observed during his/her stay.
The customer may not bring in any animal of any kind or species without written authorization from BELLAVISTA or the SUPPLIER.
During the stay, and in the event of the CLIENT’s absence from the PROPERTY by day or night, the CLIENT is obliged to lock all gates, doors, shutters, windows and roller shutters, and to do everything possible to guarantee the security of the PROPERTY; failing to do so, the SUPPLIER may hold the CLIENT liable.
The CLIENT must be insured with an insurance company or through his “holiday insurance” against theft, fire, vandalism, etc. and, if necessary, notify his civil liability insurance.
The customer is obliged to occupy the PROPERTY personally. However, if the CLIENT is unable to begin or continue his/her stay, the CLIENT will have the option of substituting a third party with the cumulative agreement of BELLAVISTA and the SUPPLIER. Any form of subletting of the PROPERTY by the CLIENT is strictly forbidden.
The CLIENT is obliged to respect the number and identity of the persons specified in the contract, unless BELLAVISTA or the SUPPLIER have previously agreed otherwise (please refer to the capacity paragraph).
The CLIENT is obliged to allow any work to be carried out during his stay in the PROPERTY that is clearly urgent and cannot be postponed.
The CLIENT is obliged to pay for all SERVICES on site, whether or not they are included in the PRELIMINARY QUOTATION TO BOOKING.
The CLIENT shall immediately inform the SUPPLIER on site of any damage or loss occurring in the PROPERTY.
The CLIENT is bound to enter and leave the PROPERTY on the date and at the times stipulated in the contract.
The CLIENT is obliged to comply with any restrictions and instructions regarding safety or the operation of certain appliances (jacuzzi, night lighting, etc…) which have been communicated to him in advance by BELLAVISTA or/and its SUPPLIER or/and the KEY HOLDER or/and any other agent of the SUPPLIER, on site.
Exceptional events (weddings, receptions, parties, etc.) are subject to the prior agreement of the parties and/or the SUPPLIER on site. Such events must be covered by a new written contract, specifying special conditions and rates. In most cases, they are subject to authorization by the city where the stay is to take place, and fall under the jurisdiction of the local authorities..
Each of the participants have to conform to the applicable laws and regulations in order to maximize energy resources, limit pollution and CO2 production. These new energy-saving laws have radically changed the way we consume energy. Participants should familiarize themselves with these rules, which are set out in the welcome booklet available in the PROPERTY. Failure to do so will result in additional costs to be borne by the CLIENT.
During your stay in the PROPERTY, any intervention by a service provider outside BELLAVISTA is subject to BELLAVISTA’s approval. This includes, but is not limited to, a cooking service provider, a sports coach, an equipment maintenance service provider, etc.
14. BELLAVISTA OBLIGATIONS
BELLAVISTA undertakes to keep the description of the PROPERTY up to date and to inform the CLIENT of any changes to the PROPERTY and its immediate surroundings that may be communicated by the SUPPLIER.
The detailed description on the PRELIMINARY QUOTATION TO BOOKING corresponds to the situation at the time of booking.
BELLAVISTA undertakes to send the CLIENT the following information in writing at least 7 days prior to the date of departure: name and telephone number of the KEY HOLDER, failing which and where applicable a direct access code to the PROPERTY and the emergency telephone number.
15. GENERAL PROVISIONS
The invalidity of any part of these conditions shall in no way affect the effectiveness of the remaining provisions. Subscribing to the BOOKING FORM implies knowledge of the BELLAVISTA general terms and conditions and their unreserved acceptance. All STAY AGREEMENTS are governed by French law insofar as the reservation has been made with an office or agency located on French territory, whatever the nationality of the CLIENT and the place of stay.
In the event of a dispute, the courts of Paris will have jurisdiction.
16. CHOICE OF DOMICILE
For the performance of the present contract and any dispute relating to the obligations arising therefrom, the parties elect their respective domicile. BELLAVISTA expressly elects domicile at its registered office at 12 passage TURQUETIL 75011 PARIS.
*In accordance with the French Data Protection Act (Law no. 78-17 of January 6, 1978), the data collected in this contract is necessary for the proper processing of the reservation and is intended for BELLAVISTA, for the management of services. In order to execute this contract, this information will be communicated to PARTNERS, SUPPLIERS of services (hoteliers, transporters…) who may be located outside the European Union. With the consent of the subscriber, this information may also be used to receive promotional or commercial offers by e-mail or post from BELLAVISTA. The subscriber has the right to access, oppose and rectify all personal data by writing to BELLAVISTA, 12 passage TURQUETIL, 75011 PARIS, specifying his/her surname, first name and address.
The manager of BELLAVISTA is responsible for processing your data.
