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General Conditions of Sale

Suite "La Felicità"

Conditions applicable to all bookings

1. PARTIES TO THE CONTRACT

The “client” refers to any adult natural person who books the suite known as La Felicita, offered by Villa Paula, either through online booking platforms or through the Villa Paula website, or directly by direct contact (email or telephone).

The client may only make a booking if they are of legal age and authorised to enter into contracts that engage their liability.

The client shall be financially responsible for all their bookings.

The services offered by Villa Paula are exclusively intended for private individuals.

Bookings from groups, professionals, or made for purposes other than tourism must be subject to prior agreement and direct contact with the seller.

The “seller” and/or “owner” refers to Ms Paula Benito, trading as Villa Paula, a sole trader legally operating the accommodation offered for seasonal rental, acting on her own behalf and undertaking to comply with all applicable legal and regulatory provisions governing her activity.

2. PURPOSE AND SCOPE

These general terms and conditions of sale are intended to govern the booking of a short-stay rental offered by Villa Paula, within the framework of its furnished tourist accommodation rental activity.

This contract is concluded exclusively for the use of the rental of the suite known as “LA FELICITA”, located at 22 avenue Saint-Exupéry, 13800 Istres.

The La Felicita Suite is an independent and private accommodation, without kitchen or cooking equipment, intended for short-term tourist use (one or more nights).

Any use of the accommodation for professional, commercial or primary residence purposes is strictly prohibited.

This contract is subject exclusively to French law.

The personal information provided by the client is treated confidentially and used exclusively for the management of the booking, in accordance with the General Data Protection Regulation (GDPR).

3. BOOKING

All booking requests must be made directly with Villa Paula by telephone or email, or via any online booking platform on which the Suite is listed.

The booking request made by the client does not constitute a contractual commitment by Villa Paula. The contract is only formed upon the cumulative fulfilment of the following elements:

transmission to the client of the suite’s descriptive sheet and these general terms and conditions of sale;
receipt by the client of these general terms and conditions of sale, constituting unreserved acceptance;
effective receipt by Villa Paula of the full amount of the stay, in accordance with article 5 below.

Payment of the full price of the stay constitutes full and complete acceptance of the terms, conditions and price of the stay.

4. LENGTH OF STAY

The La Felicita Suite is offered for rental for short-term stays, with a minimum of one night. No maximum duration is set, subject to availability and within the legal limit applicable to seasonal rentals.

Standard check-in and check-out times are as follows:

Arrival (check-in): from 5:00 PM, time specified on the booking confirmation
Departure (check-out): before 11:00 AM, time specified on the booking confirmation

Any late departure or early arrival must be requested in advance and is subject to availability.

A late check-out may be granted upon written request to the owner no later than the day before departure, and will result in an additional charge, the amount of which is specified in the descriptive sheet.

The booking contract is concluded for a fixed period.

The client may not, under any circumstances, claim any right to remain in the accommodation after the stay has ended.

The client undertakes to vacate the accommodation on the date and at the time specified on the booking confirmation, unless prior written agreement from the owner has been obtained.

Any failure to vacate beyond the agreed departure time without prior agreement may result in the billing of an additional night.

5. RATES AND PAYMENT TERMS

5.1 Rental price

The nightly rate is set according to the price in effect at the time of booking, as stated on the confirmation sent to the client. Prices are inclusive of all taxes, excluding the tourist tax (see article 6).

The seller reserves the right to modify their rates at any time. The rates applied are those in effect on the date the booking is confirmed.

5.2 Full payment at the time of booking

The full amount of the stay is due at the time of booking.

No deposit or deferred payment is offered for the Suite La Felicita.

The booking is only confirmed and the suite definitively reserved upon effective receipt of the full payment. Failing payment within the stated timeframe, the booking is automatically cancelled.

5.3 Accepted payment methods

Bank transfer (account details provided upon confirmation)
Online payment via secure link (subject to availability)

No payment by cheque is accepted.

6. TOURIST TAX

In accordance with the applicable regulations, a tourist tax applies.

The amount is calculated per person per night, in accordance with the rate set by the municipality of Istres.

The tourist tax amount will be indicated separately on the booking confirmation and must be paid no later than upon arrival. The owner then remits it to the relevant inter-municipal tax collector.

7. SECURITY DEPOSIT

Upon the client’s arrival, a security deposit, the amount of which is specified on the descriptive sheet, is required

by the owner. It can be paid by:

— Cheque (held, not cashed unless damage is found)

— Cash

After the joint inspection of the checkout inventory, the security deposit is returned within a maximum period of fifteen (15) days following departure, less any amounts required for remediation, duly justified (quotes, invoices, reports).

In the event that remediation costs exceed the amount of the security deposit,

the client shall make up the difference. The security deposit does not constitute a cap on liability.

The client remains in all circumstances responsible for all damage caused to the suite, its furniture and equipment, whether caused by themselves, their companions, or any animal brought onto the premises.

8. NON-TRANSFERABILITY OF CONTRACT

The booking contract is concluded intuitu personae and cannot be transferred.

The client is prohibited from subletting or making the suite freely available to a third party, without prior written agreement from the owner.

Failure to comply with this prohibition will result in the immediate termination of the booking contract at the client’s expense, with all amounts paid remaining with the owner.

9. ACCOMMODATION CAPACITY

The booking contract is established for a specific number of persons, stated on the booking confirmation. The maximum capacity of the Suite La Felicita may under no circumstances be exceeded.

If the number of occupants exceeds the accommodation capacity, the owner may refuse the additional guests.

In such case, any modification or termination of the contract will be considered the client’s initiative, with no right to a refund.

10. PETS

Pets are not permitted in the suite, unless prior written consent has been given by the owner.

In the event of non-compliance with this prohibition, the owner reserves the right to refuse access to the accommodation or to immediately terminate the stay.

In such case, no refund will be made.

Where the owner has given prior consent, the client must indicate, at the time of booking, the number and type of animals accompanying them.

Any applicable additional charges are specified in the descriptive sheet.

11. CANCELLATION BY THE CLIENT

Any cancellation must be notified to the owner in writing (registered letter with acknowledgement of receipt or email with acknowledgement of receipt). The date of receipt is taken as the reference date.

The applicable cancellation conditions are as follows:

Cancellation more than 30 days before the arrival date: refund of 80% of the total stay amount, with the remaining 20% retained by the owner as a fixed penalty.
Cancellation between 15 and 30 days before the arrival date: retention of 50% of the total stay amount.
Cancellation less than 15 days before the arrival date: the full stay amount is retained by the owner.
No-show within 24 hours of the scheduled arrival date and time: the full amount paid is retained by the owner and the contract is deemed terminated.

11.1 Early departure by the client

In the event of early departure by the client, regardless of the reasons, no refund will be made for any unused remaining nights.

12. CANCELLATION OR MODIFICATION BY THE SELLER

12.1 Cancellation before the start of the stay

If, before the start of the stay, the seller cancels the stay, they must inform the client by registered letter with acknowledgement of receipt.

By way of exception, in the event of cancellation occurring between the 7th day and the day of arrival, notification shall be made by telephone and email.

The client will be reimbursed immediately and without penalty for all amounts paid.

They will also receive compensation at least equal to the penalty they would have incurred had the cancellation been made by the client on the same date.

These provisions do not apply where a friendly agreement has been reached for the client to accept alternative accommodation proposed by the seller.

12.2 Modification of a material element before the stay

Where the seller is compelled to modify a material element of the contract, the client may, upon being informed:

terminate the contract and receive an immediate refund of all amounts paid without penalty;
accept the modification proposed by the seller: an amendment to the contract is then signed by both parties.

12.3 Inability to provide services during the stay

If, during the stay, the seller finds themselves unable to provide a significant portion of the agreed services (excluding force majeure as defined in article 17), the seller will offer alternative accommodation, bearing any additional costs if applicable.

If the seller cannot offer alternative accommodation or if it is refused by the client, the seller will reimburse the client on a pro-rata basis for unused nights.

In the event of early termination of the stay for a legitimate reason attributable to the client (non-payment, damage, nuisance, breach of house rules), the client must vacate the premises within a maximum of 12 hours after notification.

All amounts paid shall remain with the owner, subject to any documented damage.

13. CLIENT OBLIGATIONS

The client undertakes to:

Respect the accommodation’s purpose as tourist lodging;
Not exceed the maximum permitted occupancy;
Respect neighbours and refrain from noisy behaviour, particularly between 10:00 PM and 8:00 AM;
Not organise parties, evenings or gatherings without prior written authorisation from the owner;
Not smoke inside the suite (the designated outdoor smoking area, if any, is specified in the house rules);
Comply with the house rules provided upon arrival;
Immediately notify the owner of any malfunction or damage observed;
Return the suite in the state of cleanliness in which it was provided, unless a cleaning package is included.

Any serious breach of these obligations authorises the owner to end the stay without refund or compensation, by written or verbal notification.

14. INVENTORY AND CLEANING

14.1 Inventory

An inventory is conducted jointly at arrival and departure by the client and the owner or their representative.

This inventory is the sole reference in the event of a dispute regarding the condition of the suite.

The client is invited to report any pre-existing damage upon arrival. In the absence of written comments within two (2) hours of entering the premises, the suite is deemed to have been handed over in perfect condition.

Any damage or repair made necessary by the client’s negligence or misuse shall be their sole responsibility.

14.2 Cleaning

The La Felicita Suite is a private accommodation and not a hotel: no daily housekeeping service is included in the stay.

The client is responsible for the day-to-day upkeep of the premises throughout their stay.

An end-of-stay cleaning service is included in the nightly rate, regardless of the length of the stay.

It covers the complete cleaning of the suite after the client’s departure.

Its provision is subject to the premises being returned in a reasonable condition; any exceptional cleaning required due to misuse will be charged additionally on the basis of supporting documentation.

For stays of three nights or more, clients wishing to benefit from a room service (linen change, towel replacement, tidying of the suite) may subscribe to the daily housekeeping option, available at the time of booking or upon arrival.

The price of this option is specified in the descriptive sheet.

In the absence of subscription to this option, no access to the suite will be made between the client’s arrival and departure.

15. LIABILITY

15.1 Client liability

The client is responsible for all damage arising from their own actions, those of their companions, or any animal brought onto the premises.

They are required to hold a holiday home insurance policy covering these various risks.

Proof of insurance may be requested upon entry to the premises.

It is the client’s responsibility to verify that the information provided at the time of booking is accurate and complete, and that the contact details provided will enable them to receive the booking confirmation.

If the client does not receive the confirmation, it is their responsibility to contact the seller.

For the proper management of their file, the client must immediately inform the seller of any change to the information provided at the time of registration.

15.2 Seller liability

The seller accepts no liability in the event of:

Theft or damage to the client’s personal belongings;
Accident or injury occurring within the suite, unless proven negligence by the owner;
Interruption of external services (water, electricity, internet) beyond their control.

The seller cannot be held liable for unforeseen events, force majeure, or acts of any person unrelated to the organisation and running of the stay.

16. NO RIGHT OF WITHDRAWAL

In accordance with article L.221-28 of the French Consumer Code, the client does not benefit from the statutory 14-day withdrawal period for accommodation service provision made at a specified date or frequency.

Full payment of the stay at the time of booking constitutes express and irrevocable acceptance of these general terms and conditions of sale.

17. PERSONAL DATA PROTECTION (GDPR)

Personal data collected in connection with the booking (name, surname, email address, telephone, bank details) are processed exclusively by Villa Paula for booking management and billing purposes.

This data is retained for a period of five (5) years from the end of the stay, in accordance with applicable legal and accounting obligations.

In accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act, the client has the right to access, rectify, object to, and delete their personal data.

To exercise these rights, they may contact the owner at: villapaulagites@gmail.com.

Villa Paula undertakes not to transmit data to third parties, except where required by law.

18. FORCE MAJEURE

Neither party shall be held liable for failure to perform the contract in the event of force majeure or an event beyond their control rendering the stay impossible (natural disaster, epidemic, national strike, disaster, etc.), within the meaning of article 1218 of the French Civil Code.

The affected party must inform the other party as soon as possible.

In the event of force majeure rendering the stay impossible, all amounts paid will be fully refunded, with no further compensation possible.

19. HOUSE RULES

Detailed house rules are provided to the client upon arrival. The client acknowledges and undertakes to comply with them.

In the event of any conflict between these GTC and the house rules, these general terms and conditions of sale shall prevail.

20. DISPUTES & MEDIATION

20.1 Complaints

Any complaint regarding accommodation conditions must be submitted to the owner within 12 hours of arrival, in order to allow the owner to address it as quickly as possible.

20.2 Amicable resolution and mediation

In the event of a dispute relating to the interpretation or performance of these general terms and conditions of sale, the parties agree to seek an amicable solution in the first instance.

In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, the consumer client has the right to have free recourse to a consumer mediator, after having exhausted all avenues of amicable resolution with the owner.

either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;

– or by post addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS.

In the absence of an amicable resolution, any dispute shall be submitted to the competent courts within the jurisdiction of the rented property, these conditions being subject exclusively to French law.

21. EVIDENCE

It is expressly agreed that, save for any manifest error by the seller, the data held in the seller’s information system shall constitute proof of past bookings.

Data stored on computer or electronic media held by the seller shall constitute admissible, valid and binding evidence between the parties.