General Terms and Conditions of Sale
Last update: 10/05/2022
The present general conditions define the rights and obligations of the parties in the context of the remote booking of services offered by the Espace Ker Gan establishment on its website and mobile services.
They govern all the steps necessary for the reservation and the follow-up of the reservation between the contracting parties.
Any reservation therefore implies that the client accepts these conditions in full and without reservation.
All clients acknowledge that they have the capacity to contract, i.e. that they are of legal age and are not under guardianship or tutelage.
The names "Espace Ker Gana" and "site" refer throughout this text to the site named www.espace-ker-gana.com and corresponding to the domain name that can be consulted at www.espace-ker-gana.com.
2. Scope of application
These general terms and conditions of sale apply to all bookings made by internet, via the Website or the Mobile Services and its partners.
3. Opposability of the general conditions
In any event, the version of the general terms and conditions of sale that is enforceable against the client is the one in force at the time of the reservation on the Website or the Mobile Services or with its partners.
4 Duration of the rental
The rental is concluded on the agreed dates. The Tenant may not, under any circumstances, claim a right to remain in the rented premises at the end of the rental period provided for in this contract. In the event of noise pollution or non-compliance with the number of occupants, the contract may be interrupted without reimbursement by the Lessor, as soon as the facts are established.
5 Occupancy of the gîtes
- Number of occupants
You have made a reservation for a property that can accommodate a maximum number of people. If this number of persons is not respected, the Lessor may withdraw the sum of 150 euros per person in excess of the agreed number.
- Peace and quiet
Ker Gana is a place where you can rest, please respect the quietness, both in your gite and in the garden as well as in the wellness area (no music in the wellness area or in the garden please, your musical tastes are not necessarily those of your neighbours).
- The wellness area
The lessor's private wellness area is shared with the occupants of the gîtes.
Access to the sauna and jacuzzi is reserved for adults.
Each gîte uses it in turn, respecting a sanitary protocol allowing the safety of all (shower to be taken in your gîte, hair tied back).
I propose to limit the use of the wellness area to 1 consecutive hour per gite, in order to maintain an effective level of treatment while being comfortable and allowing everyone to use this area without having to wait too long.
The rules of use are posted in the wellness area, and an explanatory video was sent to you when you booked. It is important to respect these instructions.
You can bring one animal per gîte if you indicate this when you make your reservation. The animal must be kept on a lead outside the gîte (respect for people who are not comfortable with animals). There are large areas near Ker Gana where he can go for nice walks. In advance, please make sure to pick up his droppings.
6 Wood supply, heating
The gîtes are heated during the cold season. The proposed temperature is suitable for most people. These are typical Breton houses, so I recommend warm clothing in all seasons so that you can enjoy the outdoors and indoors in comfort. Wood will be available from November to March in order to take advantage of the wood-burning stoves.
When you leave, you are asked to put the sheets and towels provided on your arrival on each bed. On each double bed you will find 2 sets of towels, on each single bed, one set. A set consists of a bath towel and a hand towel. If you notice a shortage on arrival, please inform me within 12 hours by e-mail. Duvets and pillows must be on each bed as they were on arrival.
Each set must be repositioned on each bed in order to carry out the control.
In case of absence, a fee of 15 euros per missing towel and/or sheet will be deducted from your deposit (non-negotiable amount).
The accommodation must be tidy. The furniture must be in the same place (we advise you to take photos if necessary), the rubbish bins must be emptied, the crockery cleaned and put back in its original place, the garden furniture put back in place, the barbecues in their original state (ashes emptied).
8 Right of withdrawal
The customer is reminded, in accordance with article L. 121-21-8 12° of the French Consumer Code, that he/she does not have the right of withdrawal provided for in article L. 121-21 of the French Consumer Code.The establishment may also ask the customer to show proof of identity in order to prevent credit card fraud.
9 Cases of force majeureForce majeure refers to any event external to the parties that is unforeseeable, insurmountable and external to the parties and which prevents either the client or the establishment from fulfilling all or part of the obligations set out in the contract. Cases of force majeure or fortuitous events are those usually recognised by the jurisprudence of the French Courts and Tribunals.Each party may not be held liable towards the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party shall bear the costs arising from it.
10 PricesPrices are quoted in Euros. The prices indicated only include the services strictly mentioned in the reservation. The applicable prices are those in force on the day of the reservation. The establishments are independent professionals and are free to change their prices at any time. Only the price indicated in the booking confirmation is contractual.At the time of booking, you must pay a sum corresponding to at least 30% of the total amount of the stay:- In the case of a Standard Offer taken out more than 15 days before the planned date of arrival in the Premises, you pay 30% of the total amount of the stay when you make the reservation and the remaining 70% 15 days before the planned date of arrival in the Premises.- In the case of a Standard Offer taken out between 15 days and the planned date of arrival at the Premises, you pay the full amount of the stay.
11 Security depositA security deposit, in addition to the rent, will be requested on arrival in the accommodation.This is 1200 euros for the rental of one or more units at Ker Gana.The deposit should not be considered as a contribution to the rent. The Jacuzzi must be maintained in the terms indicated on the shared video, instructions provided in the wellness area. If this is not the case, the quality of the water may deteriorate. This has negative consequences. The Lessor will then deduct the sum of 200 euros from the deposit for non-compliance with the maintenance instructions for the jacuzzi.Furthermore, in the event of non-compliance with the contract (noise pollution, exceeding the number of occupants, non-compliance with the rules for the room, etc.), the fixed sum of 200 euros for pollution will be deducted from the deposit, and 150 euros per additional person in the event that the number of occupants is exceeded without validation, even if no damage to the premises is noted. If no dispute or damage is noted at D+2 after your departure, the security deposit will be returned to you. If not, the balance of the deposit will be returned to the Tenant, after deduction of the cost of repairing the property, or a fixed fee of 200 euros for failure to comply with the instructions for the jacuzzi, the room, or the sum of 150 euros per person in excess of the authorised number, within a maximum period of 2 months after the date of departure.
In the event of damage, the amount of the repair will be determined amicably between the Lessor and the Tenant.
In the event of disagreement, an estimate of the cost of repair shall be drawn up by a professional or other authorised body chosen by the Landlord and independent of the latter. The Tenant undertakes to pay the excess if the cost of repair exceeds the security deposit.The payments corresponding to the rent will be made by credit card on the website "espace-ker-gana.com" to which the Amenitiz Pay payment system is integrated, the security deposit having to be handed over by cheque to the Landlord when the Tenant enters the premises, in order to receive the keys.Modifiable : YesConditions of modification :The total amount of the rent will be retained by the Landlord in the event that the Tenant decides to shorten the rental period.In case of force majeure duly justified, a credit note will be proposed.Can be cancelled: YesCancellation conditions :Cancellation of the rentalIn the event of cancellation of this Seasonal Rental Contract, the Tenant undertakes to notify the Landlord of his decision as soon as possible by telephone and e-mail.In the event of cancellation by the Tenant :more than 60 days before the date of entry, the Landlord shall return the deposit after deduction of the sum of 150 euros corresponding to a fixed non-negotiable processing fee due to the Landlord (except in cases of force majeure)less than 60 days before the date of entry, in the event of force majeure duly justified (medical certificate, Covid travel restrictions, etc.) a credit note corresponding to the amount of the deposit will be issued. In the case of an unjustified cancellation within 60 days, the deposit will be retained.For cancellations with less than 30 days notice, the full rent will be deducted.
12 Complaints, disputesAny complaint must be made to the establishment within 2 days of the date of stay.In the absence of recourse to the conventional mediation procedure or to any alternative method of settling disputes within a period of 30 days, each of the parties may refer the matter to the competent legal jurisdiction.
13 ResponsibilitiesIt is the responsibility of the establishment to take out all guarantees and insurance necessary for the reception of the public in its establishment and for the exercise of its activity. The establishment is not liable for the theft of goods or objects.The client must ensure the custody of his goods and materials. The client must inform the establishment of any damage caused by him/her. The client is responsible for all damage caused by his intermediary and undertakes, in the event of damage to the premises made available (house, common areas such as jacuzzi, garden, lounge,) to bear the cost of repairing the damage.Also, any behaviour contrary to good morals and public order will lead the establishment to ask the client to leave the establishment without any compensation and without any reimbursement if a payment has already been made. If no payment has yet been made, the client must pay the price of the nights consumed before leaving the establishment. The client undertakes not to invite any person whose behaviour is likely to be prejudicial to the establishment, which reserves the right to intervene if necessary. The client undertakes to ensure that participants and their guests respect all the rules and regulations of the establishment. The client shall ensure that the participants do not disturb the operation of the establishment or jeopardise the safety of the establishment or the persons in it.Unless otherwise expressly agreed, the client must leave the accommodation before 10:00 a.m. (except for the 4:00 p.m. private offer) on the day the reservation ends. Failing this, the client will be charged an additional night(unless otherwise agreed by Céline Jaouen).Espace Ker Gana offers a free WIFI access allowing clients to connect to the internet. The client undertakes to ensure that the computer resources made available by the establishment will not be used in any way for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the holders of the rights provided for in books I and II of the intellectual property code when such authorisation is required. If the customer does not comply with the above obligations, he/she risks being accused of an infringement of copyright (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years imprisonment. The customer is also required to comply with the security policy of the establishment's Internet access provider, including the rules for using the security measures implemented to prevent the illicit use of computer resources and to refrain from any act that undermines the effectiveness of these measures. The photographs presented on the Site and the Mobile Services of the establishment or those of the partners are merely indicative. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate an idea as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture or possible renovations. The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, the act of a third party, unforeseeable and insurmountable, the act of the client, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of unauthorised prepayment by the bearer's bank.
14. MediationThe decree of 30 October 2015 on the mediation of consumer disputes, which transposes into French law Directive 2013/11/EU of 21 May 2013 on the out-of-court settlement of consumer disputes, and Order No. 2015-1033 of 20 August 2015 on the out-of-court settlement of consumer disputes, specify the conditions of application of Article L152-1 of the French Consumer Code, which obliges professionals in all consumer sectors to offer a mediation procedure in the event of a dispute with their customers. According to the law, the outcome of the mediation must be reached within 90 days. We invite you to formulate your requests exclusively by e-mail which will bring a dating of your correspondence and to keep a personal archive.Internal mediationFor all disputes that have not been resolved, we invite you to contact theInternal Mediation, which undertakes to provide you with a satisfactory response within 30 days.In the event of dissatisfaction, you are advised to contact an external mediator of your choice.External mediationYou will find all the official information about mediation on the government website: http://www.economie.gouv.fr/mediation-consoWe invite you to consult the Medicys website: https://www.mieist.bercy.gouv.frIf you are a member of the FEVAD or if you want to consult or join them: http://www.mediateurfevad.frThe DGCCRF website: https://www.economie.gouv.fr/dgccrfYou can also consult the European Commission's appeals: https://webgate.ec.europa.eu/odr/main/?event=main.home.showWe bring to your attention the existence of the European authority, called to pronounce by binding decisions on disputes concerning cross-border processing activities, thus guaranteeing a uniform application of EU rules and avoiding that different answers are given to the same case in several jurisdictions: https://edpb.europa.eu/edpb_fr
15. Applicable lawThese terms and conditions of sale are subject to French and European law.