All general terms and conditions of Nemea Vacances, holiday rentals in a ski resort, on the seaside, in the countryside and city breaks

GENERAL TERMS AND CONDITIONS OF SALE

Our general terms and conditions of sale comply with the provisions of article R.211-12 of the French Tourism Code (modified by Decree No. 2009-1650 of 23 December 2009 –art.1), according to which “The provisions of articles R. 211-3 to R. 211-11 must be printed on brochures and travel contracts proposed by the persons referred to in article L. 211-1”.

Art. R.211-3
Modified by Decree No. 2009-1650 of 23 December 2009 – art. 1

Subject to the exclusions provided for in the third and fourth paragraphs of article L.211-7, any offer and any sale of travel or holiday services gives rise to the submission of appropriate documents which comply with the rules defined by this section.

In case of the sale of air travel tickets or travel tickets on regular lines not accompanied by services related thereto, the seller delivers to the purchaser one or more tickets for the entire trip issued by the carrier or under their responsibility. In the case of transport on demand, the name and address of the carrier for whom the tickets are issued must be mentioned. The separate billing of various components of a package does not exempt the seller from the obligations placed upon it by virtue of the regulatory provisions in this section.

Art. R.211-3-1
Created by Decree No. 2009-1650 of 23 December 2009 – art. 1
The exchange of pre-contractual information or the issuing of contractual terms and conditions is carried out in writing. They may be sent by e-mail under the terms and conditions of validity and the procedure detailed in articles 1369-1 to 1369-11 of the civil code. The name or corporate name and the address of the vendor, as well as details of their registration are given in the register, detailed in (a) of article L.141-3 or, where applicable, the name, address and details of registration of the federation or union referred to in the second paragraph of articleR.211-2.

Art. R.211-4
Created by Decree No. 2009-1650 of 23 December 2009 – art. 1

Before finalising the contract, the vendor must inform the customer of prices, dates and other constituent details of the services provided during the holiday, such as:
1. Destination, methods, characteristics and categories of the transport used;
2. Type of accommodation, location, standard of comfort and principal characteristics, type approval and tourist classification corresponding to the usages and regulations of the host country;
3. Restaurant services offered;
4. Description of the itinerary in the case of a tour;
5. Administrative and health formalities to be carried out by nationals or by citizens of another member state of the European Union or a state which is party to the Agreement of The European Economic Area, particularly in the event of crossing borders, as well as the deadlines for completing them;
6. Visits, excursions and other services included in the package or available at an additional cost;
7. The minimum and/or maximum size of the group for the holiday or trip and, if the trip or holiday depends on a minimum number of participants, the final date for informing the consumer in the event of the trip or holiday being cancelled; this date may not be less than twenty-one days prior to departure;
8. The amount or percentage of the price to be paid by way of a deposit on conclusion of the contract and the schedule for paying the balance;
9. The price review procedures as specified in the contract pursuant to article R.211-8;
10. Cancellation conditions of a contractual nature;
11. The cancellation conditions specified in articles R.211-9, R.211-10 and R.211-11;
12. Information about taking out an optional insurance policy covering the consequences of certain circumstances of cancellation or an assistance policy covering certain specific risks, in particular the cost of repatriation in the event of an accident or illness ;
13. When the contract comprises air transport services, the information for each section of the flight, provided for in articles R. 211-15 to R211-18.

Art. R.211-5
Modified by Decree No. 2009-1650 of 23 December 2009 – art. 1

Prior information given to the consumer shall be binding for the vendor unless within it the vendor expressly reserves the right to change certain elements. In such case the vendor must clearly indicate how that change takes place and which elements it affects. In any event, changes made to such prior information must be given to the consumer before the contract is concluded.

Art. R.211-6
Modified by Decree No. 2009-1650 of 23 December 2009 – art. 1

The contract concluded between the vendor and the buyer must be in writing, produced in duplicate, one copy of which is to be given to the buyer, and signed by both parties. When the contract is agreed via e-mail, articles 1369-1 to 1369-11 of the civil code apply. It must contain the following clauses:
1. The name and address of the vendor, its guarantor and insurance company as well as the name and address of the organiser;
2. The destination or destinations of the journey and, in the event of a split holiday, the various periods and their dates;
3. The methods, characteristics and categories of the transport used, the dates and places of departure and return;
4. Type of accommodation, location, standard of comfort and principal characteristics, tourist classification in accordance with the usages and regulations of the host country;
5. Restaurant services offered;
6. Itinerary in the case of a tour;
7. Visits, excursions and other services included in the total price of the travel or holiday;
8. The total price of the invoiced services and an indication of any review of this invoicing in accordance with the provisions of article R.211-8;
9. An indication, if appropriate, of any fees or charges relating to certain services such as landing, disembarkation or embarkation taxes at ports and airports, tourist tax, if these are not included in the price of the service(s) supplied;
10. The schedule and method of paying the price; the last payment made by the buyer may not be less than 30% of the price of the travel or holiday and must be paid on delivery of the documents enabling the holiday or stay to be undertaken;
11. Any specific conditions requested by the buyer and accepted by the vendor;
12. The procedures by which the buyer may make a claim to the vendor for non-performance or poor performance of the contract, any such complaint should be sent as soon as possible, by registered delivery with return receipt, to the vendor and which may be reported in writing to the organiser of the service provider concerned should it be required;
13. The last date for the vendor to inform the buyer of the holiday’s cancellation when the holiday is dependent on a minimum number of participants, in accordance with the provisions of paragraph. 7 of Article 211-4;
14. Cancellation conditions of a contractual nature;
15. The cancellation conditions specified in Articles R.211-9, R.211-10 and R.211-11;
16. Details about the risks covered and the amount of cover for the insurance policy covering the consequences of the vendor’s professional liability;
17. Information about the insurance policy taken out by the buyer covering the consequences of certain circumstances of cancellation (policy number and name of insurance company) as well as the assistance policy covering certain specific risks, in particular the cost of repatriation in the event of an accident or sickness; in such case, the vendor must give the buyer a document specifying at least the risks covered and those excluded;
18. The final date for informing the vendor in the event of the buyer transferring the contract;
19. An undertaking to provide the buyer with the following information at least ten days before the scheduled departure date:
a) the name, address and telephone number of the vendor’s local representative or, failing this, the names, addresses and telephone numbers of local bodies that may be able to assist consumers, or, failing this, a telephone number through which the vendor may be contacted without delay;
b) for minors staying abroad, an address and telephone number via which the minor and/or the person in charge of them at the location of their stay may be contacted;
20. The clause covering the penalty-free cancellation and refund of sums paid by the buyer in the event of failure to provide information as required in clause 13 of article R.211-4;
21. The commitment to supply the buyer, within the time requested prior to the start of the stay, with departure and arrival times.

Art. R.211-7
Modified by Decree No. 2009-1650 of 23 December 2009 – art. 1

The buyer may transfer his contract to a transferee who fulfils the same conditions as itself for the holiday or stay as long as the contract has not yet come into force.

Unless there is a stipulation more favourable to the transferor, the latter must inform the vendor of its decision by registered delivery with return receipt at least seven days before the start of travel. In the case of a cruise, this timescale is increased to fifteen days. Under no circumstances shall such a transfer be subject to the vendor’s prior authorisation.

Art. R.211-8
Modified by Decree No. 2009-1650 of 23 December 2009 – art. 1

When the contract includes the express possibility of a price review, within the limits provided for in article L.211-12, it shall state the exact method of calculation of upward and downward price variations, and, in particular the amount of related taxes, the currency or currencies which may have an impact on the price of the holiday or stay, the portion of the price to which the variation applies and the exchange rate of the currency or currencies used as a reference when establishing the price appearing in the contract.

Art. R.211-9
Modified by Decree No. 2009-1650 of 23 December 2009 – art. 1

If, before the buyer’s departure, it becomes necessary for the vendor to modify any of the essential aspects of the contract, such as a significant price increase, and it fails to abide by the obligation of information specified in article R.211-4 clause 13, the buyer may, without prejudice to claiming compensation for any loss suffered, and after having been informed by the vendor of this matter by registered letter with return receipt:
- either cancel their contract and secure an immediate refund of any monies paid, without penalty;
- or accept the change or replacement holiday offered by the vendor; an amendment to the contract specifying those changes shall then be signed by the parties; any price reduction shall be deducted from any monies still payable by the buyer and if the payment already made by the latter exceeds the price of the amended service, any over-payment must be refunded to him before his date of departure.

Art. R.211-10
Modified by Decree No. 2009-1650 of 23 December 2009 – art. 1

In the case provided for by article L.211-14, when, before the departure of the buyer, the vendor cancels the holiday, he must inform the buyer by registered letter with return receipt; without prejudice to claiming reparation for any loss suffered, the buyer shall receive an immediate refund of any monies paid to the vendor without penalty; in such case, the buyer shall receive compensation of at least the penalty he would have incurred if he had made the cancellation on that date.

The provisions of this article shall not impede the conclusion of an amicable agreement whereby the buyer accepts a replacement holiday offered by the vendor.

Art. R.211-11

If, after the buyer’s departure, the vendor is unable to provide a preponderant part of the services provided in the contract, representing a not insignificant percentage of the price paid by the buyer, the vendor must immediately take the following action without prejudice to any claim for reparation of any loss suffered:
- either offer services to replace the initial services, bearing any additional cost and, if the services accepted by the buyer are of inferior quality, the vendor must refund the price difference as soon as he returns;
- or offer other services to replace those initially planned, bearing any additional costs; if the services accepted by the buyer are of a lower standard, the vendor must reimburse the difference in price to the buyer as soon as he returns home; or, if it is unable to offer any replacement service or if these are refused by the buyer on valid grounds, provide the buyer, at no additional cost, travel tickets so that he can return to the point of departure or to another place accepted by both parties under conditions deemed to be equivalent.

The provisions of this article are applicable in the event of non-compliance with the obligation provided for in article R. 211-4.

SPECIFIC TERMS AND CONDITIONS OF SALE

Applicable to all of the following companies : SAS LA SOULANE RCS BORDEAUX 393 543 772 - SARL KERMAEL RCS BORDEAUX 429 495 716 - SARL VILLAGE CLUB ST BRICE RCS BORDEAUX 421 162 975 - SARL LE GRAND TETRAS RCS BORDEAUX 424 767 143 - SARL LES TERRASSES DE L'OCEAN RCS BORDEAUX 492 149 919 - SARL NEMEA PEYRAGUDES RCS BORDEAUX 521 203 588 - SARL LA DOMANIALE RCS BORDEAUX 437 927 163 - SARL EURANCELLE RCS BORDEAUX 423 398 999 – SARL NEMEA SUITES HOTEL RCS BORDEAUX 842 597 767 - SAS RASPAIL RCS BORDEAUX 891 496 499 - SARL NEMEA IMMO RCS BORDEAUX 509 663 795 - SARL NEMEA VACANCES RCS BORDEAUX 521 203 588- SARL LES KER RCS BORDEAUX 790 360 416 – SARL LE DOMAINE DE LA BAIE RCS BORDEAUX 797 989 258 – SARL AMARINE RCS BORDEAUX 827 564 295 - SARL UBAC RCS BORDEAUX 827 561 648

No right of retractation

Pursuant to Article L.221-21-8 of the French Consumer Code, “the right of retraction cannot be exercised for contracts for the provision of accommodation services, goods transport services, car rental services, catering or recreational activities that must be provided on a specified date or period.”

Applicable regulation

This contract is subject to the status of tourist residences. You cannot, under any circumstances, be domiciled at NEMEA. You cannot avail yourself of the legal provisions applicable to residential leases, in particular with regard to the maintenance of the premises. Any domiciliation in the residence, private or professional is prohibited.

Bookings
When booking, you must pay a deposit equivalent to 25% of the overall price of your stay, the administration fees in accordance with the price conditions in force and the full amount of the cancellation insurance if you choose to take it out. The balance must be paid at least 30 days before the start of your stay, without any reminder from us. If you book less than one month before arriving at the residence, you must pay the full amount of your stay when booking.

It should be noted that for your booking to be confirmed you must remember to send us the cheque for your deposit within seven days accompanied by the signed booking contract. In the case of the balance not being within the specified timeframe (30 days before your arrival) our company reserves the right to consider your booking as cancelled and, consequently, may apply the cancellation fees provided for in the paragraph “Cancellation of stay” below.

For all bookings made less than seven days before the start of the stay, the full amount of the stay is payable when booking by credit card only.

Optional Insurance
In order to allow you to enjoy your holiday in complete peace of mind, Nemea has taken out a policy with MUTUAIDE, and offers customers a cancellation insurance when booking, cancellation insurance and multi-risk insurance, the general conditions of which are presented in our brochure and on our dedicated web page. We strongly recommend that you subscribe to this insurance which will provide you with compensation in the event of a problem.

Prices
Our prices are given in Euros and are inclusive of all taxes and VAT following the rate currently in force. Any later changes to the VAT rate in force or any creation of new taxes for the services provided which may occur between the moment when the prices were set and their invoicing will automatically result in a modification of the total price. Prices do not include the tourist tax which is payable at the residence. The amount of this tax collected by the municipal authorities varies from commune to commune.

Prices may be modified without prior notice in the case of a price increase imposed by service providers or in the case of a major economic upheaval. For every booking, administration fees are collected in accordance with the price conditions in force. Special offers and discounts may not, under any circumstances, be retroactive.

Our prices always include the provision of accommodation, water, electricity, heating and rental fees (unless otherwise specified for the residences concerned).

All of the optional services will give rise to the price supplements provided for in the brochure or the dedicated web page.

We remind you that you must contract a liability insurance covering the risks inherent to occupying the accommodation booked (also, parking, garage or ski lockers), namely theft, loss or damage to your personal objects as well as any deterioration to the furniture provided in the rental accommodation and damage which may be caused in the residence as a result of your negligence. We recommend that you ask your insurer to insure you for holiday accommodation if your contract does not include this guarantee.

Conditions of stay
The service is provided for seven consecutive nights for stays of one week and for two consecutive nights for weekends. The date of the start of the stay is provided in our brochure in force.

The prices and dates of stay will be confirmed by our services when booking.

Registering for one of our stays implies that you have read and understood the specific conditions which appear in our brochure in force.

We draw your attention to the deformations which residences and apartments may experience when photographs are taken using a wide angle lens and that all the illustrations, drawings, photos or pictures appearing in our brochure or our web site do not have a contractual value.

Every apartment provided for a maximum number of occupants may not be occupied by a greater number of people. Children from 2 years old onwards are considered as occupants in their own right. Any request to exceed this number will be refused.

Nemea provides you with leisure facilities. However, we remind you that, among other things:
- when accessing swimming pools, children must be accompanied by parents and that they are under their responsibility,
- access to the saunas and hammam is prohibited to minors, access to the whirlpool is prohibited to those under 16.
- only the swimwear listed on the signs at the entrance to the aquatic areas is tolerated.

Also, the use of leisure facilities is strictly prohibited to people who are not staying in the residence.

The outdoor swimming pools are open from Easter to the end of September, depending on weather conditions. In the early or late season, Nemea reserves the right to limit access to the outdoor swimming pools if the weather conditions are not favourable, without this limitation giving rise to a complaint.

Within the residence, the customer must behave reasonably with staff and the facilities provided. The client must respect the instructions and safety regulations displayed in the residence. He must also respect the health protocol applicable in the residence. Failure to do so may result in the client being expelled from the residence. The consumption of alcohol is prohibited in the common areas, except in the catering areas.

We draw your attention to the fact that our residences are not adapted for group stays or individual stays outside of the family home for minors under the age of 18 years unaccompanied by those legally responsible for them. Nemea reserves the right to refuse access to accommodation which may have been booked in disregard for this provision for minors under the age of 18 years unaccompanied by those legally responsible for them who arrive at the reception of the residence and will immediately cancel their stay.

The services offered by Nemea, may they be free or paid for, are subject to conditions, please seek further information from Nemea’s team members.

Pets
Although not necessarily recommended, pets kept on leashes are authorised in our residences on presentation of an anti-rabies certificate and on payment of a supplement in accordance with the price conditions in force.

Pets are not allowed to roam free and must be kept on a leash. They must not remain alone locked in an accommodation unit when their master, who is legally responsible for them, is absent. First category dogs “attack dogs” (pitbulls, etc.) and 2^nd category “guard and defence dogs” are prohibited.

Promotions- Advantages

Promotions only apply to accommodation prices and not to associated services. They cannot be cumulated and are only valid for one stay. In no case shall promotions and reductions be retroactive.

Customers who have benefited from promotional codes exclusive to certain organisations (works councils, groups, etc.) will have to provide a proof of membership to this organisation, by any means, upon their arrival on site. Otherwise, the difference in price with the public price will have to be paid by the customer before the keys are handed over.

Special Requests

When booking, if you have a special request for a certain accommodation unit, we can only guarantee that you will be allocated to this unit, subject to availability, on payment of a supplement of €50 incl. VAT per stay. Valid only for some residences and for certain specific requests. Please contact our booking agents.

Alteration of stay

Our company accepts changes to the stay already booked, subject to availability and in exchange for the payment of a fee of €50. However, changes can only be requested 30 days or more before the initially planned departure date.
Our company may not be held responsible in the event that the alteration requested is not possible.

Cancellation of stay

In the case that you are unable to travel as planned, your telephone cancellation must be confirmed within eight days by registered delivery letter, (the date of the post being authentic) or by email sent to [email protected]

We will deduct from the price of your booking :

- 10% of the amount of your stay with a minimum of €50/accommodation if you cancel more than 60 days before your scheduled arrival date;

- 25% of the total amount of your stay with a minimum of €50/accommodation for any cancellation reported between the 60th and 15th day before the scheduled date of your arrival;

- 100% of the total amount of your stay for any cancellation reported between the 14th day and the day of arrival.

In the case of a cancellation, the administration fees in accordance with the price conditions in force and the total amount of the insurance payable when booking remain acquired by NEMEA.

Any stay which is postponed will not be entitled to any form of refund. Any stay which has started, but which is interrupted or shortened will not be entitled to any form of refund.

Any stay booked in the context of a special offer (Vente privée.com, etc….) cannot be refunded

In the context of the reservation of additional services through NEMEA (equipment rental, ski lifts, etc.), the Partner's General Conditions are applicable by preference. NEMEA declines all responsibility in the event of a complaint inherent in the quality of service of the Partner service provider and excludes any commercial gesture for this reason.

Complaints relating to additional services included in the sale price of the stay, in particular access to common and aquatic infrastructures excluding accommodation, cannot give rise to additional compensation outside the conditions provided above.
Any postponement of a stay made without charge will not be subject to any subsequent reimbursement in the event of cancellation even more than one month before departure.
In the absence of a legal definition, an event sale is understood to be any sale or commercial operation that is out of the ordinary for the point of sale concerned, by nature reserved for a restricted clientele affiliated with the partner and having a limited duration. This list is not exhaustive. NEMEA remains the decision-maker as to the assessment of the concept of event sale in the context of the reservations submitted to it.

Check-in
On the day of arrival, you must submit the voucher you received after paying the balance of your booking. The residence manager will welcome you from 5 pm to 8 pm. He will give you the keys to your apartment, the inventory of the furniture and equipment and will ask you for a deposit cheque.
It is important that you check the general condition of your apartment and the inventory and, if necessary, that you inform reception about any defects or any missing object. If, owing to an unexpected problem, you are unable to arrive at the times shown above, you must inform the Residence (see the telephone number on your voucher) or contact the Nemea group’s sales service on 05 57 26 99 31.

Check-out
On the day indicated on your booking contract, the apartment must be vacated before 10 am. It must be returned to us perfectly clean. Your deposit will be refunded to you when check-out after the inventory has been checked. Any broken or damaged object in the flat or the communal areas and any fees required for cleaning the apartment or returning it to its original condition will be payable by you. If the amount of the deposit is insufficient, you will be asked to pay the difference. In the case of early departures outside of reception opening times, the deposit will be returned to you within eight days after your departure.

Information
“Cheque Vacances” holiday vouchers” we wish to inform you that NEMEA is certified by the Agence National pour les Cheques Vacances for the payment of our rental services. Holiday vouchers must be sent by registered delivery with return receipt. If they are not sent using this format, Nemea declines all responsibility in the event of the loss of the afore-mentioned vouchers.

If you have any special requests, please communicate them to us when registering. We will do our utmost to meet your wishes. However, we are unable to commit to doing so and we may not be held liable if we are unable to do so.
You may contact us to obtain further information about the apartment you are going to occupy. Information about the resort, the surrounding area and activities available are provided for information purposes only and we may not be held liable for them.
For all further information about life in the resort, please contact the Tourist Office.
Weather or climate conditions may result in a delay in opening times for residences and/or resorts or their early closure. NEMEA may not be held liable for this.

Liability

We wish to bring to your attention that as a holiday resort operator, NEMEA is not subjected to the so-called hotel liability set out in Articles 1952 and 1953 of the French Civil Code. As such, NEMEA is not the custodian of objects and cars stored within the residence. Apartments and car parks are made available, but they are not under surveillance. Consequently, NEMEA cannot be held liable in the event of loss, omission, theft or damage of personal belongings belonging to customers in particular in the accommodation, in the individual safes, in the common premises or in the car park of the residence. We remind you that you are responsible for the security of your accommodation during your stay and it is up to you to take out any insurance accordingly.

Similarly, NEMEA cannot be held liable in the event of nuisance or disturbance of enjoyment which would disturb or interrupt your stay, or lead to the total or partial closure of the residence or all or part of its collective facilities, or the impossibility for NEMEA to provide certain services, in particular due to the occurrence of any event of force majeure or fortuitous event (such as avalanche, drought, floods, oil spills, storm, general gas, electricity or water outage, works in the vicinity of the residence or any works not under the responsibility of the Operator, strikes, prohibitions to open or access the facility prescribed by any government, administrative and / or health authority due to the occurrence, in particular of an epidemic or pandemic or any health risk).

Taking part in activities or sports and using the recreational facilities for adults and children, available to you with or without supervision, including outside of the residence, shall be done under your own responsibility.

Claims

Our teams are on site and available throughout your stay to answer any questions you might have and solve possible issues you may have encountered so you can fully enjoy your stay. Our teams shall be contacted in first instance regarding all issues. After your stay, any claim can be the object of a letter addressed via registered post to Nemea, Service Relation Clientèle, Immeuble Rubis, 10 Bis rue Gutenberg, 33700 Mérignac, France – or an email addressed [email protected] within 30 days of the end of your stay so we can deal with your issue as promptly as possible. Please be aware that the longer you wait to file a claim, the more difficult it will be for us to solve your issue in the respect of your best interests. Please indicate in your letter the name of the person who booked the stay, the booking number, the dates and location of your stay, as well as the type of accommodation booked so we can process your request more efficiently. We also ask that you send alongside this letter any supporting documents that may be required to process your claim without delays. Please be aware that if a dispute formalised in writing cannot be solved with our Customer Relations Department, you can engage a mediation procedure by contacting the mediation and cyber services centre MEDICYS, either online at www.medicys.fr or by post to Médicys, 73 boulevard de Clichy, 75009 Paris, France.

Any postponement of your stay made without costs shall not be the subject of any subsequent refund in the event of cancellation even more than one month before departure.

Personal data

Your personal data is collected and is subject to processing by SAS NEMEA MANAGEMENT PARTICIPATIONS and the relevant processing company and integrated into the database of the NEMEA Group. Some data is essential to manage your booking and your stay and shall also be used to send you information on our special offers and / or products and services provided by the companies in the NEMEA Group (NEMEA, NEMEA VACANCES, NEMEA APPART’HOTEL, NEMEA APPART’ETUD) if you subscribe to the newsletter, enter a competition, answer a survey, or contact us regarding a question or issue. It is your responsibility to check the information supplied at the time of your registration or at any other time is complete and accurate. To ensure your case is well managed, please inform us immediately of any change in the details supplied at the time of your registration.

In accordance with the Law No. 78-17 of 6 January 1978 concerning data protection, modified by the EU directive 2016/679 on data protection, NEMEA MANAGEMENT ET PARTICIPATION is responsible for processing and manages all your personal data in complete confidentiality. All the data requested, but not essential for processing your order will be clearly defined as optional and you will be free to complete it or not in order to access the next line or page. You have the right to access, rectify, delete, limit, oppose and make any claim regarding the processing of your personal data. To do this, you just have to write and the process will involve no other cost than that of sending your message : - Either by email to [email protected] or by post, making sure you provide your surname, first name and address, to: GROUPE NEMEA – Données Personnelles – 10 Bis rue Gutenberg – 33700 MERIGNAC.