Conditions Générales de Locations

GENERAL TERMS AND CONDITIONS OF SERVICE

1 . PREAMBLE

LOCATIONS VUE TURQUOISE (hereinafter referred to as the “Service Provider”) is a provider of real estate services, involved in seasonal rentals of a tourist nature, in the search for tenants on behalf of owners of furnished real estate (hereinafter referred to as the “Owners”), as well as for any services that may be directly or indirectly related to these activities.
These General Terms and Conditions of Use (hereinafter the “Terms and Conditions”) govern the relationship between the Service Provider and any person consulting or using the website domiciled at “https://www.locations-vue-turquoise.com/” (hereinafter the “Site”) or any content or service offered on the Site (with the exception of vehicle rentals), in the capacity of potential Customer or Customer (hereinafter the “Customer”), but also in the capacity of Owner. The term Customer refers to any person using the Site to obtain information on vacation rentals or to book a vacation rental, for personal or professional purposes.

Only persons with the legal capacity to enter into legally binding contracts are authorized by the Service Provider. Consequently, the Services offered by the Site may only be used by persons aged 18 and over who have the legal capacity to do so.
These General Terms and Conditions are governed by French law, in particular consumer law.
These General Terms and Conditions apply in conjunction with the rental contract signed with the Customer for the Customer, and with the agency contract signed with the Owner for the Owner. However, if one of the stipulations of one of these two contracts should conflict with one of the stipulations of the present General Terms and Conditions, or if two stipulations of the present General Terms and Conditions should conflict, the prevailing clause will be that which is most favorable to the Customer.

2 . GENERAL

The Website is a platform enabling Customers to view holiday rental listings offered by Property Owners or other authorised parties, including tenants or property managers.
Rental contracts are entered into between the Service Provider, acting as the agent for the property Owner, and the Customer.
The photographs illustrating the holiday accommodation featured on the Website are not contractually binding. Locations Vue Turquoise cannot therefore be held liable for them.
The Customer acknowledges that they are responsible for complying with all laws, rules and regulations applicable to their use of the Website, the tools, products or services offered on the Website, as well as to any transaction related to such use.
Property Owners, for their part, are responsible for complying with all laws, rules and regulations applicable to their listing, their holiday let and their letting business.
To the extent permitted by law, the Service Provider accepts no liability for the legal or regulatory compliance of the holiday rentals listed on the Website. The Service Provider may, however, be required to disclose information relating to a listing in response to a request from a public, administrative or regulatory body, particularly in the context of an investigation, a dispute or administrative proceedings.

Transport between the airport and the accommodation is not included in the price of the service. All travel, whether by vehicle or otherwise, is the sole responsibility of the Customer.
The Customer must provide the Service Provider, the Owner and the person responsible for check-in with the following information at least 24 hours before arrival:
• the day of arrival;
• the time of arrival;
• the flight number, if applicable.
Any changes to this information must be communicated as soon as possible to the Service Provider, the Owner and the person responsible for welcoming guests.

The accommodation is made available to the Customer from 4 pm or 5 pm on the day of arrival, depending on the accommodation in question and subject to confirmation by the person in charge on site.
The Customer undertakes to vacate the accommodation completely by 10 am or 11 am on the day of departure, depending on the accommodation in question and subject to confirmation by the person in charge on site.
The Website may provide Customers with the contact details of car hire agencies, as well as online payment facilities. The Service Provider is not a party to the contract concluded between the Customer and the car hire company. It cannot therefore be held liable for this contractual relationship or its consequences. Any payment made via these facilities is made directly to the relevant car hire company.
The Customer expressly acknowledges and accepts that the right of withdrawal is excluded from this contractual relationship, in accordance with Article L. 221-28, 12° of the Consumer Code.

3. CANCELLATION CONDITIONS AND CHARGES

All bookings are confirmed upon payment of a deposit to the Service Provider. Once payment has been made, the cancellation terms set out in this article shall automatically apply.
Any cancellation or request for a change must be notified to the Service Provider:
• by email to [email protected];
• or by registered letter with acknowledgement of receipt.
The date used to calculate cancellation or amendment fees is the date of receipt of the email or registered letter.
In the event of cancellation or amendment of the booking by the Customer, and subject to the exceptions set out in these General Terms and Conditions, the applicable fees are determined according to the period between the date of receipt of the cancellation or amendment request and the Customer’s original arrival date.

The applicable terms and conditions are those set out in the property details and included in the tenancy agreement.

Flexible cancellation terms

• More than 30 days before the arrival date: refund of 100% of the stay amount.

• 29 days or less before the arrival date: no refund.

Standard cancellation terms

• More than 30 days before the arrival date: refund of 65% of the stay amount.

• From 29 to 20 days before the arrival date: refund of 50% of the stay amount.

• From 19 to 15 days before the arrival date: refund of 25% of the stay amount.

• Less than 14 days before the arrival date: no refund.

It is the Customer’s responsibility to take out appropriate third-party liability and/or travel insurance, covering in particular any costs they may be liable for in the event of cancellation, interruption of their stay, damage or any other unforeseen event.
For information purposes, the Website may provide Customers with the contact details of an insurer, as well as an online application and payment form.
The Service Provider acts solely as an intermediary facilitating contact. It is neither a party to the insurance contract nor liable for the terms and conditions of cover, the performance of the contract or any dispute that may arise between the Customer and the chosen insurer. All policy applications and payments are made directly to the relevant insurer.

4. HOUSEHOLD

A cleaning fee, covering linen and end-of-stay cleaning, may be compulsory in addition to the rental price. This information is specified on the rental details page for each property, prior to the Customer making a booking.
Where the cleaning fee is compulsory, the amount is always shown on the rental invoice sent to the Customer. It must be paid in accordance with the terms set out on the invoice and in the confirmation sent by email.
Where the cleaning fee is not compulsory for the rented property, the Customer undertakes to leave the accommodation in a perfectly clean condition. Failing this, cleaning charges may be invoiced to the Customer by the Owner, up to the amount indicated on the relevant property page on the Website.

5. DESTINATION OF THE PREMISES

The accommodation provided is furnished and equipped. A full inventory of furniture, crockery, linen and other items will be drawn up upon arrival at the property.
The Guest shall use the accommodation exclusively as a temporary holiday residence. Any commercial or professional use is prohibited.
Unless prior written authorisation has been obtained from the Landlord, parties, events and the installation of sound equipment are prohibited within the rented property.
The number of people specified in the tenancy agreement must be strictly adhered to, unless prior written authorisation has been obtained from the Landlord. The Landlord reserves the right to refuse entry to any additional person not specified in the agreement.
This clause does not apply to bookings made under the heading ‘WEDDING RENTAL’, provided the booking has been approved and paid for.
Any total or partial subletting is prohibited.
More generally, the Customer undertakes, throughout the duration of the tenancy, to behave reasonably and to observe the rules of good conduct, particularly with regard to the neighbourhood.

Any breach of these prohibitions may result in:
• legal proceedings being brought by the Service Provider and/or the Owner;
• the immediate cancellation of the service, with the cancellation fees set out in Article 3 being applied;
• the eviction of the occupants, without compensation;
• the forfeiture of the security deposit as compensation for any damage found.
Pets are not permitted in the accommodation for the entire duration of the stay, unless prior and express written authorisation has been granted by the Owner and the Service Provider. Any breach of this prohibition may result in legal proceedings being brought by the Service Provider and/or the Owner, as well as the immediate cancellation of the service, with the cancellation fees set out in Article 3 being applied.
Any involvement of a bailiff shall be at the Owner’s initiative. The costs of the bailiff’s services shall be borne by the Owner.
The Customer must contact the Owner and Locations Vue Turquoise directly and immediately in the event of any fault occurring during their stay. Any complaint made after the end of the stay will not be considered.

6. RESERVATION - PAYMENT - DEPOSIT

The Customer may pay for their booking:
• directly on the Website, via a secure payment page, by paying a deposit;
• or upon receipt of a quote sent by email.
When a booking is made directly on the Website, it is confirmed within 24 hours of payment of the deposit, or within a reasonable timeframe.
Once the deposit has been received, the booking is confirmed. The Customer will then automatically receive:
• the booking confirmation;
• the invoice;
• the tenancy agreement to be signed electronically, via a certified website, with the Landlord.
The transaction for the deposit is debited 24 hours after the Customer’s payment on the secure website, to allow them time to review the tenancy agreement.

The balance of the booking must be paid 35 days before the arrival date, as stated in the booking confirmation.
Any booking made less than 30 days before the arrival date requires the Customer to pay the full amount for the service.
Any booking made more than 30 days before the arrival date requires the immediate payment of a deposit of 35 per cent of the total booking amount. The balance is then due 35 days before the Customer’s arrival date.
In the event of failure to meet the payment deadlines, the Service Provider reserves the right to cancel the Customer’s booking. The cancellation fees set out in Article 3 of these General Terms and Conditions and in the contract may then apply.
The tenancy is deemed to be confirmed upon receipt or clearance of the deposit, or upon full payment of the booking by the Customer.
The Service Provider and/or the Owner reserve the right to refuse the Customer access to the accommodation in the absence of:
• full payment of the booking;
• payment of the outstanding balance;
• payment or provision of a security deposit;
• a signed tenancy agreement.

By paying the deposit, the full amount or the security deposit, the Customer acknowledges that they accept these General Terms and Conditions.
The available payment methods are agreed between the Customer, the Service Provider and the Landlord. These may include, in particular, credit card or bank transfer.
The security deposit may be paid by cheque or by a bank guarantee via the Customer’s credit card.
An inventory of fixtures on arrival and an inventory of fixtures on departure must be drawn up and signed by the Customer and by the Landlord, the Service Provider or any person authorised for this purpose. In the absence of the Client’s signature, and unless a written reservation is submitted at the time of arrival or departure, the condition of the accommodation, its fittings, furniture, household linen and items provided shall be deemed to be in order and accepted by the Client.
It shall be returned within 5 days of the end of the stay, unless, within that period, the Service Provider notes or has noted:
• damage to the rented property, furniture, items, household linen or equipment caused by the Customer;

• failure to comply with these General Terms and Conditions, in particular the rules regarding the intended use of the premises, which may cause harm to the Service Provider or the Owner.
Any bank transfer made from a bank located outside France must be denominated exclusively in euros. Transfers from abroad may incur bank charges, which shall be borne by the Customer.
If payment for the hire, whether partial or in full, proves to be irregular, incomplete or non-existent, for whatever reason, the booking of the reserved services will be cancelled. Any resulting costs, in accordance with Article 3 of these General Terms and Conditions, shall remain the responsibility of the Customer.

7. DATES AND CHANGES

Any request by the Customer to change the dates of the stay, after the reservation has been validated, will only be validated with the agreement of the Supplier and the Owner together, or in the event of force majeure. The price and duration of the rental in the event of a rescheduling will be either identical or increased according to the rescheduling period chosen. Any postponement is valid for one year without charge in the same residence, and implies full payment of the reservation by the Customer in order to be validated.
Any modification by the Customer of the dates of stay without the agreement of the Provider and the Owner will result in the cancellation of the reservation by the Customer alone. Any change in arrival or departure times due to air traffic, security requirements or any other reason beyond the control of the Provider shall not entitle the Customer to any compensation whatsoever from the Provider.

8. RESPONSIBILITIES

The Owner and the Customer declare that they are in compliance with all legal, jurisprudential and contractual obligations incumbent upon them, including but not limited to the obligations arising from articles L. 324-1-1 of the French Tourism Code and L. 134-10 of the French Construction and Housing Code. The Service Provider, who declares that he is in compliance with all legal obligations incumbent upon him, will not under any circumstances bear the consequences of any breach of their obligations by the Owner or the Customer.
The accommodation is insured by the Owner, who undertakes to deliver it in a perfectly clean and well-maintained condition, in accordance with the description available on the Site and with current standards.

The Service Provider will do its utmost to ensure that any photographs supplied are displayed on the Site as faithfully as possible to the original, apart from changes in layout or furnishings, which are sometimes essential. The Customer acknowledges, however, that the photographs, as displayed in the advertisements, may differ slightly from the original images when scanned from non-digital images, or due to differences in the settings of the screens used to view them, and that the Provider accepts no responsibility for such differences.
The Owner and the Service Provider shall not be liable for any theft, loss, accident, damage or other problems that may occur to Customers or their property.
Customers are solely responsible for their personal belongings.

The Service Provider and the Owner cannot be held responsible for any unforeseen events or circumstances for which they are not responsible, such as - but not limited to - the weather, neighbourhood nuisance (due to building work, lawn mowing, etc.), breakdowns or failures of TV, internet, gas, water, electricity, etc. providers.
Any dispute or claim must be reported to Locations Vue Turquoise no later than two days after the keys have been handed over on arrival.
Natural or extraordinary disasters:
In the event of cyclones, natural or extraordinary disasters, strikes, and natural events, forcing tenants to cancel or shorten their stay in Martinique, we will not be able to reimburse unoccupied days, nor bear any additional costs incurred by the event.

Once the reservation has been confirmed and paid for by the Customer, the Provider guarantees the rental of the property in accordance with these General Terms and Conditions, the agency agreement signed with the Owner, and the rental agreement signed with the Customer.
In the event of default by an Owner or in the event of inability to provide the agreed service, the Provider undertakes to offer a replacement service equivalent to that booked, or to reimburse the Customer for amounts already paid.

9. INTELLECTUAL PROPERTY RIGHTS

All content appearing on the Website is protected by copyright and database rights.
Any reproduction, in whole or in part, of the Website, including any copying of text, visual elements or designs, is prohibited, except where such reproduction is strictly necessary to enable the Customer to provide evidence of their contract and booking with the Service Provider.
When publishing or transmitting content of any kind, including text or images, via the Website, the Customer declares that they hold the necessary rights for such publication or transmission.
If registered trade marks, owners’ names or other marks appear in the Customer’s reviews or in any other content they publish, the Customer also declares that they hold the necessary rights for such use.

10. APPRECIATIONS

The Customer is obliged to provide accurate information regarding his/her personal identity, including country of residence, in any other communication made on the Site, including in his/her assessments of the vacation rentals he/she has booked. Messages sent via the Service Provider's systems must relate solely to genuine requests for information; spam and unsolicited commercial electronic communications will not be tolerated.

Customers who have booked on the Site may publish on the Site their own assessments of an Owner's vacation rental.
In accordance with article 6.I.2 of the French Law no. 2004-575 of June 21, 2004 on confidence in the digital economy (LCEN), the Service Provider, as host, must remove any illicit content of which it is aware or of whose existence it has been formally notified. In addition, subject to prior notification to the Customer, the Service Provider may refuse to publish content, or remove it, if it considers it to be erroneous, inaccurate, misleading or not in compliance with applicable law.
The Service Provider expressly declines all responsibility for the Customer's assessments published on the Site, and does not verify the accuracy or veracity of said assessments, as it does not have the capacity to do so.
The Customer is obliged to publish true and authentic reviews, relating exclusively to the quality of his/her stay and the property rented, in compliance with applicable law. He/she therefore undertakes not to publish any illegal, threatening, abusive, defamatory, libellous or generally inappropriate content via his/her reviews on the Site.

11. RIGHT TO ACT

The failure of the Service Provider to act in the event of any breach of these Conditions by the Customer shall not be construed as a waiver of the Service Provider's right to act with respect to such breach, or any subsequent or similar breach(s).

12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

The performance of the services and the settlement of any future disputes shall be governed by French law.
Where the Customer meets the definition of a consumer under French law, they shall benefit from the protective provisions of consumer law. No clause in these General Terms and Conditions shall have the effect of depriving the Customer of their mandatory rights as a consumer.
The Service Provider and the Customer undertake, in the event of any difficulty in the performance of the contract and prior to any legal proceedings, to seek an amicable resolution to their dispute.

Consumer Mediation
In accordance with Article L. 612-1 of the Consumer Code, Customers acting as consumers may, free of charge, refer a dispute to the consumer mediator responsible for Locations Vue Turquoise, MEDIMMOCONSO, with a view to reaching an amicable resolution.
Before referring the matter to the mediator, the Customer must have submitted a written complaint to Locations Vue Turquoise, either by email to [email protected] or by post to Locations Vue Turquoise, 30 rue du Surf, Anse Bonneville, 97220 La Trinité, Martinique.
If this complaint is not resolved to the Customer’s satisfaction, the Customer may refer the matter to MEDIMMOCONSO, subject to the conditions of admissibility set out in the Consumer Code.

MEDIMMOCONSO
1 Allée du Parc de Mesemena, Bâtiment A, CS 25222
44505 La Baule Cedex
Email: [email protected]
Website: https://medimmoconso.fr/
Recourse to mediation is optional for the consumer and does not deprive them of the right to bring the matter before the competent court in accordance with the conditions laid down by law.
In the absence of an amicable settlement, and subject to the mandatory legal provisions applicable to the consumer, the competent court for the resolution of any dispute is the Fort-de-France District Court.