RENTAL TERMS AND CONDITIONS
To take advantage of the services offered by HOMAIR Vacances, please read carefully the following general conditions of hire. These conditions apply to the sale of hire-stays by HOMAIR Vacances and are valid at the time the order is placed, to the exclusion of all other conditions. The booking of a holiday entails the full acceptance of our general conditions.
BOOKING
Bookings are only binding on HOMAIR Vacances if HOMAIR Vacances has accepted them, which it is free to do or not to do, according to availability and, more generally, to circumstances which may adversely affect the confirmation of the booking made. The customer must be present for the holiday booked.
IMPORTANT INFORMATION
HOMAIR Vacances offers family holidays in the traditional sense, the accommodation being specially designed for this purpose. HOMAIR Vacances reserves the right to refuse any booking which might run contrary to this principle or seek to undermine it, as well as any bookings containing erroneous information.
Acceptance is confirmed exclusively by the sending of a confirmation by post, fax or email by HOMAIR Vacances.
HOMAIR Vacances guarantees that your bank account will only be debited upon the registering of the booking confirmation.
• The customer expressly acknowledges that HOMAIR Vacances cannot be held liable for the communication by its partners or by any third party of false, misleading or erroneous information contained in the catalogue or on the website www.homair.com regarding destination campsites, in particular the illustrative photos, the descriptions, the leisure and other activities, and the operating dates.
• None of the photos or texts featuring in the catalogue or on the websites of HOMAIR Vacances are legally binding.
• It may transpire that certain activities and facilities offered by the partner campsites of HOMAIR Vacances and which feature in the catalogue descriptions are cancelled due to the weather or in the case of ‘force majeure’, or which are not available in early or late season. HOMAIR Vacances cannot therefore be held liable for the actions of third parties or in the case of ‘force majeure’.
• Mobile homes are allocated by HOMAIR Vacances according to availability so as to optimise scheduling. This allocation may be modified at any time before the actual handing over of the keys.
• The comfort-level rating given to campsites in the catalogue descriptions correspond to a classification system which takes into account local norms in the host country and which may therefore differ from French norms. It is only provided as a guide.
• Access to the accommodation may be refused in the event of unruly behaviour on the part of customers who disturbs the peace and tranquillity of the host campsite.
PRICES
The prices indicated are valid for the 2010 season. They correspond to one night and are in euros, with VAT included. The prices include :
• Hire of the equipped accommodation and access to the campsite indicated on the booking confirmation.
• Gas and electricity consumption.
• Access to the facilities of the host campsite, including the entertainment events and the toilet facilities specified in the catalogue and on the website.
• Parking space for a car. Prices do not include :
• Holiday taxes or taxes on household waste.
• The cancellation guarantee.
• Booking fees.
• Supplementary options such as an additional car, a dog (accepted according to individual campsite rules), disposable sheets, a baby kit, an extra tent (depending on the campsite), the fee-paying activities offered by the campsite, bicycle hire, use of the safe…
• The accommodation cleaning fee of 60€ in the event that you do not undertake it yourself.
• The 160€deposit (or higher, depending on the campsite and returned upon your departure). A part of the deposit may be retained if the hire accommodation is is not left in a normal state of cleanliness.
• Transport expenses and food and drink.
These expenses are to be paid upon arrival at the campsite, with the exception of the booking fees, the cancellation guarantee and the baby kit. The costs of the additional use of services arising from the voluntary or involuntary extension of the stay (early arrival, weather conditions etc.) are to be met by the customer on the basis of the applicable tariff.
TERMS OF PAYMENT BY CREDIT CARD
• For all bookings made less than one month before the beginning of the stay, the holiday must be paid for in full :
+ booking fees
+ cancellation guarantee (optional)
+ the stay in its entirety.
• For all bookings made less than two months before the beginning of the stay, payment must be scheduled as follows :
1. upon booking : the booking fees
+ the cancellation guarantee (optional)
+ 75% of the hire cost.
2. A month before the stay begins : the remaining 25% of the hire cost.
• For all bookings made less than three months before the beginning of the stay, payment must be scheduled as follows :
1. upon booking : the booking fees
+ the cancellation guarantee (optional)
+ 50 % of the hire cost.
2. Two months before the stay begins : 25% of the hire cost.
3. A month before the stay begins : the remaining 25% of the hire cost.
• For all bookings made more than three months before the beginning of the stay, payment must be scheduled as follows :
1. upon booking : the booking fees
+ the cancellation guarantee (optional)
+ 25 % of the hire cost.
2. Three months before the stay begins : 25% of the hire cost.
3. Two months before the stay begins : 25% of the hire cost.
4. A month before the stay begins : the remaining 25% of the hire cost.
Payment by credit card : this is obligatory if booking less than 15 days before the arrival date.
TERMS OF PAYMENT BY BANK TRANSFER
• For all bookings made less than three months before the beginning of the stay, payment must be scheduled as follows :
1. upon booking : the booking fees
+ the cancellation guarantee (optional)
+ 100% of the hire cost.
• For all bookings made more than three months before the beginning of the stay, payment must be scheduled as follows :
1. upon booking : the booking fees
+ the cancellation guarantee (optional)
+ 30% of the hire cost.
2. Two months before the stay begins : 70% of the hire cost.
GENERAL:
• Booking fees
Booking fee of 10€ (inclusive of tax) in the following cases :
- payment by credit card : in one or several instalments with automatic payments
- payment by bank transfer (customers not resident in France only) : in a single instalment
Booking fee of 25€ (inclusive of tax) in the following cases :
- payment in several instalments (without automatic payments) by credit card and bank transfer (customers not resident in France only)
• Other : The baby kit must be paid for in full when payment becomes due Beyond a maximum period of 10 days, any payment not made according to schedule will result in the automatic cancellation of the dossier and the application of the stated cancellation fees.
• Booking voucher : When HOMAIR Vacances has received full payment for the hire, you will receive your ‘Booking voucher’ either at the address on your booking order or by email. It is essential that you present it to the HOMAIR Vacances reception staff upon your arrival at the host campsite.
• Animals : Only dogs are permitted (according to individual campsite rules). In all cases, only one dog is permitted per hire-stay. The supplementary charge varies from campsite to campsite and is to be paid upon arrival.
CANCELLATIONS - ALTERATIONS
Any request to alter the details of your booking must be addressed in writing to the following address: Homair Vacances, Immeuble Le Derby, 570 avenue du Club Hippique, 13097 AIX-EN-PROVENCE Cedex 2 France or by fax on +33 42 95 03 63. If HOMAIR Vacances accepts the request, there will be a charge of 15€ for any alteration.
If the alteration is not accepted, customers will be obliged to respect the conditions originally agreed upon or cancel their stay. Any request for alterations made 7 days or less before the beginning of the stay (HOMAIR Vacances will take into account the date of receipt of the letter) will be refused as a matter of course.
CANCELLATION GUARANTEE
The cancellation guarantee is a charge of 2.5€per night booked, payable upon booking :
It is also possible to extend this guarantee to cover cases where a stay is interrupted. The cancellation guarantee is then 3.5€ per night. The cancellation guarantee includes the reimbursement of the costs of the stay (excluding booking fees and the cancellation guarantee) on the basis of documents justifying the cancellation in the following cases :
• Serious physical accident, serious illness, hospitalisation or death of insured individual (the person who made the booking), of his/her spouse, descendants or ascendants, or of any other persons indicated in the hire contract. ‘Serious illness’ means a deterioration in health confirmed by a recognised doctor which prevents the individual from leaving his/her bed and from undertaking any professional or other activity.
‘Serious accident’ means a sudden, unintentional physical injury caused by external factors and which prevents the individual from moving by his/her own means.
• Serious adverse circumstances, not pertaining at the moment of subscribing to the contract, arising from theft, fire or natural forces affecting the primary or secondary residence of the individual who made the booking and which necessitates his/her presence there on the scheduled day of departure.
• Inability to take possession of the hired premises due to the individual who made the booking or his/her spouse being made redundant or being relocated, on condition that the notification from the employer was subsequent to the guarantee coming into force.
• Or following natural disasters as stipulated in the law of 13/07/1982 or due to forest fires occurring on the destination premises and resulting either in the competent authorities prohibiting all stays on the site for all or part of the hire period, or such significant damage to the hired premises that the hirer would not be able to enjoy as normal the setting and the services which had prompted him/her to hire the premises.
Payment for any stay already begun must be made in full. No reduction will be offered in the event of late arrival or early departure. The cancellation guarantee ceases to apply (note in case of cancellation cover of 3.5€) once the hire period begins and will only be applicable during the stay in the cases enumerated above.
Any request to cancel the stay must be brought to our attention in writing (by recorded delivery) within 48 hours following the event which has prompted it, only the official date of expedition being taken into account.
If your cancellation (the date of receipt of the letter by HOMAIR Vacances is taken into account) is made :
• More than 60 days before your stay : 10% of the total cost of your stay, plus the booking fees, will be charged to you.
• Between the 59th and the 30th day before your stay : 50% of the total cost of your stay, plus the booking fees, will be charged to you.
• Less than 30 days before your stay or if you do not arrive : no reimbursement. The booking fees are not reimbursed in any event.
IMPORTANT - PLEASE READ BEFORE LEAVING FOR YOUR HOLIDAY
Upon your arrival (between 3pm and 7pm) you must :
• Go to reception with your ‘Booking voucher’,
• Pay any taxes and fees not included in the price,
• Submit the deposit.
After registering your arrival, a hostess will come with you and give you : the keys to your accommodation, the magnetic card for accessing the campsite (if applicable) and the inventory.
It is important that you check the inventory upon arrival ; any discrepancy should be signalled to reception within the hour after receiving the keys. The campsite will do its best to put things right quickly. No claim can be accepted subsequently.
During the stay
All guests undertake to ensure that all those staying with them and under their responsibility respect all the internal rules of the host campsite.
HOMAIR Vacances and the host campsite are not hoteliers and can under no circumstances be held liable for loss or theft of personal possessions or for injuries or damage which may occur to holiday-makers or their property during the stay.
Upon your departure (between 8am and 10am, and between 5pm and 7pm on Sundays in off-peak season)
The day before at the latest, you must make an appointment at reception for the departure inventory.
These appointments are normally scheduled every quarter of an hour between 8am and 10am and between 5pm and 7pm on Sundays in off-peak season. As not all families can depart at the same time, we thank you in advance for your understanding.
If you have chosen to pay cleaning charges, these do not include washing the dishes and kitchen utensils. They must all therefore be left in a clean state.
If this is not the case, a fee for rectifying this may be charged. Similarly, any object which is broken, lost or stolen during the stay must either be replaced by you or else will be charged for.
60€ of the deposit will be retained if the hire accommodation is not left in a normal state of cleanliness.
In the event that you depart outside normal hours, if the hire accommodation is left in a good state, the deposit will be sent to you by post without delay.
In case of a departure outside the stipulated hours, our personel will be the sole judge of the state of cleanliness of the mobilehome.
CAPACITY
For insurance and safety reasons, exceeding the number of occupants designated for each type of accommodation is prohibited. The campsite manager will turn away individuals if the capacity is exceeded. The person who makes the booking must be at least 18 years of age and be legally able to enter into the contract whose General Conditions are set out in the present document. He/she must ensure that all information given is truthful and accurate.
COMPENSATION CLAIMS
All potential claims relating to breaches of contractual commitments must be addressed in writing to the campsite manager before the end of the stay and confirmed in a letter addressed to HOMAIR Vacances in the 20 days following the end of the stay :
• Either by registered post to the following address : HOMAIR Vacances, Immeuble le Derby, 570 Avenue du Club Hippique, 13097 AIX-EN-PROVENCE Cedex 02 France
• Or by fax on the following number : +33 442 95 03 63 After the 20-day period, no claim will be taken into consideration.
In any event, the liability of Homair, regardless of the cause, will be limited to an amount equal to 20% of the cost of the stay.
LIABILITY
- The customer is the sole person liable in relation to HOMAIR Vacances in terms of financial liability, in particular in the event of total or partial cancellation of the stay.
- HOMAIR Vacances cannot be held liable in the event of alteration, cancellation or other events of 'force majeure’ which are due to actions of the customer or a third party who is not part of the service provision.
- HOMAIR Vacances cannot be held liable for the booking not going ahead in the event of ‘force majeure’, of disruption of services or of partial or total strikes, particularly involving the postal services and means of transport and/or communications. You hereby declare that you are familiar with the characteristics and limitations of the internet, particularly its technical performance, the response times when consulting, enquiring about or transferring data and the risks associated with the security of communications.
- HOMAIR Vacances will not accept any claim or offer any reimbursement relating to the non-provision or poor provision of services which are imputable to the customer or arise from the actions of a third party who is not a service provider or to a case of ‘force majeure’. Unless there is a legal provision to the contrary, HOMAIR Vacances cannot be held liable for a fault of a third party, in particular of one of its Partners.
The parties agree that this contract is subject to French law. In the event of litigation relating to their interpretation and/or execution thereof, the Tribunals of Aix-en-Provence alone will be considered the competent authorities.
Information which we communicate to you when you place your order must not be transmitted to any third party. This information is considered by HOMAIR Vacances to be confidential.
It will be used solely by the internal services of HOMAIR Vacances for the handling of your order and to better tailor communications and service offers to HOMAIR Vacances customers according to your personal interests.
In accordance with the law on information technology and freedom of 6 January 1978, you are entitled to access, rectify and dispute personal data which concerns you. All that you need to do is send the request by post to the following address, indicating your surname, first name and address :
HOMAIR Vacances
570 Avenue du Club Hippique, " Immeuble le Derby "
13097 AIX-EN-PROVENCE Cedex 02 France.
CNIL Declaration - n°1071348
SAS ILD RCS Aix-en-Provence B349708446