General Terms and Conditions of Service for the Rental of Villa Thymfalaise Operated by Apokalis Coopérative de Location SARL
These General Terms and Conditions of Service (hereinafter referred to as the "Terms" or "Terms of Service") form the complete and legally binding agreement between the Guest (hereinafter referred to as the "Guest") and Apokalis Coopérative de Location SARL (hereinafter referred to as "Apokalis Coopérative de Location SARL" or the "Company"), a limited liability company duly organised and existing under the laws of France, regarding the reservation, rental, occupancy, and use of the property known as Villa Thymfalaise (hereinafter referred to as the "Premises"). By initiating a reservation, completing a booking, making any form of payment, and/or occupying the Premises, the Guest irrevocably acknowledges and agrees to be bound by these Terms in their entirety without modification.
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§1 Acceptance and Acknowledgement of Terms
By accessing the Company’s website, utilising the booking services provided, or occupying the Premises, the Guest irrevocably accepts and agrees to be bound by these Terms in their entirety. Should the Guest disagree with any provision, clause, or condition set forth herein, the Guest must refrain from utilising the Company’s services and shall not proceed to occupy the Premises. By accepting these Terms, the Guest affirms that they possess a proficient command of the English language and fully understand all terms, conditions, and obligations set forth herein. If the Guest does not comply with the Terms, they shall vacate the Premises immediately and shall not be entitled to any refund of fees or deposits already paid.
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§2 Modification of Terms
Apokalis Coopérative de Location SARL reserves the exclusive and unilateral right to amend, modify, or update these Terms at any time without prior notice to the Guest. Any continued use of the Company’s services or continued occupation of the Premises following such modifications shall constitute the Guest’s acceptance of the revised Terms.
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§3 Reservation, Deposit, and Required Documentation
§3.1 Personal Information Requirement: Upon booking, the Guest is required to submit all requested personal information, and the information of any and all guests residing at the property, which shall include, but is not limited to, the Guest’s full legal name, contact details (including a valid email address, current residential address, and telephone number), and personal identification. Such identification shall include a clear photograph of the Guest’s passport or other accepted form of personal verification, as requested by Apokalis Coopérative de Location SARL.
§3.2 Guest’s Responsibility to Provide Information: The Guest agrees to provide this information accurately and promptly, understanding that failure to supply all requested information may lead to cancellation of the reservation.
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§4 Reservation Deposit
A refundable deposit in the amount of EUR 300 is required to secure the reservation of the Premises. This deposit shall be held as security for the Guest's full compliance with these Terms, and the Guest acknowledges that failure to fulfil any conditions herein may result in forfeiture of the deposit.
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§5 Return of Deposit
The deposit shall be returned to the Guest within a reasonable period following the end of the rental period, provided that no damage has been inflicted upon the Premises, all obligations have been met, and there has been no breach of any provisions as specified in these Terms.
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§6 Permitted Use and Occupancy
§6.1 Use of Premises: The Guest shall use the Premises solely for residential and lodging purposes during the agreed-upon rental period.
§6.2 Occupancy Limits: Only individuals expressly identified in the booking agreement may occupy the Premises. The admission of additional visitors, guests, or occupants of any type, age, or duration is strictly prohibited.
§6.3 Compliance with Laws and Regulations: The Guest shall comply with all applicable local, regional, and national laws, regulations, and ordinances during their occupancy of the Premises.
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§7 Guest Obligations and Prohibited Actions
§7.1 Damage to Property: The Guest shall be liable for any and all damage to property, fixtures, furnishings, equipment, or any other items located on the Premises, whether caused by the Guest or any third party present on the Premises with the Guest’s consent. Damages shall incur charges based on the cost of repair or replacement, at the Company’s discretion.
§7.2 Footwear Policy: To preserve the interior condition, the Guest is required to remove all footwear upon entering the Premises, specifically in the designated entry area.
§7.3 Outdoor Area Use: The Guest shall not use the garden or outdoor areas inappropriately. Prohibited activities include, but are not limited to, smoking, lighting fires, and misuse of garden equipment. Any evidence of unauthorised use shall incur a fine of EUR 2,000.
§7.4 Noise Restrictions: The Guest shall not engage in loud or disruptive behaviour within the garden or other exterior areas. Activities that disturb the peace or quiet enjoyment of neighbouring properties are strictly prohibited.
§7.5 Prohibition of Smoking and Drug Use: The consumption, use, or possession of tobacco products, electronic cigarettes, vaping devices, illicit drugs, or any controlled substances is strictly forbidden on the Premises, both indoors and outdoors. Violations shall result in a cleaning fee, damage mitigation fee, and a penalty of EUR 2,000, with the Company reserving the right to file a report with law enforcement authorities.
§7.6 Alteration of Devices and Furniture: The Guest shall not alter, tamper with, or adjust any device settings or systems on the Premises, nor shall the Guest move, rearrange, or remove any furniture or fixtures.
§7.7 Bathing Suit and Bicycle Restrictions: Entry into the Premises while wearing wet bathing suits is prohibited to prevent damage to floors and furnishings. Additionally, bicycles and similar items are not permitted inside the Premises to avoid damage to walls and interior finishes.
§7.8 Fire and Fireplace Prohibition: The indoor fireplace is not to be used, and lighting fires anywhere on the property is forbidden. Violation of this prohibition shall result in fines and may be subject to legal prosecution.
§7.9 Litter Disposal: Only waste generated during the Guest’s stay may be disposed of on-site. Bringing external waste for disposal on the Premises is prohibited. Non-compliance shall incur a fine of EUR 200, covering disposal costs and any additional cleaning required.
§7.10 Parking Provisions: Only designated parking spaces on the estate are available for the Guest’s use, free of charge. Vehicles parked outside these spaces or without authorisation may be removed at the Guest’s expense.
§7.11 Bicycle Rental and Responsibility: Bicycles may be rented from the Company at a rate of EUR 25 per bicycle, per stay, and are provided with locks. The Guest assumes full responsibility for the rented bicycles and shall be liable for any loss, theft, or damage.
§7.12 Candle Lighting Prohibition: Due to fire hazards, the lighting of candles anywhere on the Premises is strictly prohibited.
§7.13 Wet Bathing Suit Restrictions: The Guest shall not enter the villa or use outdoor seating areas while wearing wet bathing suits.
§7.14 Pool Use and Maintenance: A pool maintenance professional will access the Premises every Monday. The Guest is prohibited from altering pool settings or adding water or other substances to the pool.
§7.15 Visitor Restrictions: Additional visitors, guests, or occupants of any kind are strictly disallowed from accessing the Premises.
§7.16 Tourist Tax: Pursuant to the regulations of Estérel Côte d'Azur Agglomération - Commune de Roquebrune-sur-Argens, a city tourist tax ("Kurtax") of EUR 6.19 per adult, per night, shall be levied. This tax is collected on behalf of the local municipality and is not included in the reservation cost.
§7.17 CCTV Monitoring and Privacy: By occupying the Premises, the Guest consents to video surveillance via Closed-Circuit Television (CCTV) cameras on-site, in accordance with the Company’s privacy guidelines. CCTV locations are disclosed to the Guest, and recordings are managed as per privacy laws and regulations.
§7.18 Access to Restricted Areas: The Guest may only access areas of the Premises explicitly designated for guest use. Restricted areas, including but not limited to the cellar and garage, are not part of this rental agreement.
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§8 Termination and Remedies
§8.1 Right to Terminate: The Company reserves the right to terminate the Guest’s stay prior to the agreed-upon departure date in the event of any form of misbehaviour, misconduct, or violation of these Terms, as determined at the sole discretion of the Company.
§8.2 Definition of Misconduct: Misconduct includes, but is not limited to:
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Smoking or drug consumption on the Premises.
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Inviting or housing unauthorised individuals.
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Hosting parties or gatherings.
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Accommodating pets or animals without prior written consent.
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Damaging property or furnishings.
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Entering with wet bathing suits.
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Bringing bicycles or other prohibited items indoors.
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Inappropriate use of garden or outdoor areas.
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Violating any applicable laws or regulations.
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Disrupting quiet hours (22:00 to 07:00).
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Misusing provided internet services.
§8.3 Consequences of Termination: Upon termination, the Guest shall vacate the Premises immediately. The Company may retain all payments made by the Guest, including the deposit, as liquidated damages, without prejudice to any additional rights or remedies available under law.
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§9 Limitation of Liability
§9.1 Guest’s Liability: The Guest agrees to indemnify, defend, and hold harmless Apokalis Coopérative de Location SARL, its affiliates, agents, and employees from any claims, damages, losses, liabilities, and expenses arising out of or related to the Guest's use or occupancy of the Premises, including but not limited to personal injury, property damage, and legal fees.
§9.2 Company's Liability: To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to the Guest's use or inability to use the Premises, even if the Company has been advised of the possibility of such damages.
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§10 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of France. Any disputes arising out of or relating to these Terms or the Guest’s occupancy of the Premises shall be submitted to the exclusive jurisdiction of the competent courts located in the jurisdiction where Apokalis Coopérative de Location SARL has its registered office.
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§11 Accuracy of Booking Information and Guest Responsibility
By completing a booking through our website or any affiliated platform, the Guest affirms that all information provided during the booking process is accurate, truthful, and complete, including but not limited to personal identification details, contact information, number of guests, and any selected options or services. By confirming the booking and/or accepting these Terms through the booking process, the Guest verifies that all provided information is correct and acknowledges responsibility for any errors or omissions.
In the event of any inaccuracies, discrepancies, or changes to the provided booking information, the Guest is required to notify Apokalis Coopérative de Location SARL immediately to facilitate necessary adjustments. The Guest further acknowledges and agrees that any cost differences arising from inaccuracies or changes shall be borne solely by the Guest.
Failure to notify Apokalis Coopérative de Location SARL of discrepancies promptly, or knowingly providing false or misleading information, may constitute an act of intentional misrepresentation. In such cases, Apokalis Coopérative de Location SARL reserves the right to cancel the booking without refund and pursue any further actions deemed appropriate, including, but not limited to, reporting the incident to relevant authorities and initiating legal proceedings.