Sales Conditions La Rosière

Our general terms and conditions of sale are governed by Articles L.211-1 et seq. and R.211-1 et seq. of the Tourism Code regulating the conditions for carrying out activities relating to the organisation and sale of holidays or leisure breaks and Act No. 70-9 dated 2 January 1970 and Decree No. 72-678 dated 20 July 1972. These articles are applicable or otherwise to the Contract in the conditions laid down in the regulations. 

The Customer is advised that the rights and obligations of the Customer and LA ROSIERE RESERVATION differ according to whether the contract entered into is, under Article L.211-2 of the Tourism Code, a tourist package, a related travel service or is neither a package nor a related travel service.
 

BOOKING

1/ Price scale

The prices of the various services quoted, booked or bought by the Customers of LA ROSIERE RESERVATION are detailed in the quote, the option contract and the booking contract. 
 

2/ Quote

The price and availability presented in the quote are not binding and are given for indicative purposes prior to the conclusion of the Contract.
 

3/ Option

When the Customer selects an option, LA ROSIERE RESERVATION forwards them an option contract that details the various services booked, the price of the leisure break and the option deadline, which comes eight days after the date the option was selected.
The Customer must check that the description of the services booked corresponds to their order and confirm their booking before the option deadline:
- By returning to LA ROSIERE RESERVATION a signed copy of the Contract by mail or email (if returning by email, the original must be sent by post).  
- By paying a deposit of 25 per cent of the total amount of the leisure break (payment methods are detailed on the Contract and on our website). 
Should the deposit not be paid by these deadlines, the option or the reservation will be automatically cancelled (on the part of the Customer). 
In the event that the booking is made less than a month before the date on which the leisure break starts, the Customer must pay the price of the leisure break in full. Payment methods are detailed in the Contract.
In the event of a last-minute booking being made (less than seven days before the date of your leisure break) only payment by credit/debit card will be accepted. 
 

4/ Booking

Receipt of the Contract signed by the Customer and their deposit will result in their registration being completed and the creation of a booking contract, which states, in particular, the balance due for the leisure break booked. 
The customer must pay the balance no later than one month before the date of the start of the leisure break, without delay and without any reminders from LA ROSIERE RESERVATION. Payment methods are detailed in the Contract. 
 

5/ Lack of right of withdrawal

The Customer does not have the right to withdraw, in accordance with the provisions of Articles L.221-2 and L.221-28 of the Consumer Code. 
 

6/ Vouchers

Following payment of the balance, LA ROSIERE RESERVATION shall send the Customer vouchers for the services booked. The Customer must print these vouchers and give them to each service provider in order to make use of the services purchased. 
Failure to present a voucher to a service provider may result in the Customer being denied access to activities or use of services.
LA ROSIERE RESERVATION shall not be held responsible for any additional charges resulting from the failure to present a voucher.
 

7/ Arrival and rental inspection checklist (check-in and check-out)

Unless otherwise agreed, rental check-ins and check-outs take place within a time slot set out in the Contract.
A rental inspection checklist and inventory are drawn up when the Customer checks in and checks out and are signed by the Customer and the host or their representative. These documents are the sole reference in the event of a disputes regarding inventories and cleanliness. 
The Customer must inform LA ROSIERE RESERVATION, as soon as possible and no later than 72 hours after their arrival, and in light of the specific circumstances, of any problem or breach they may encounter. 
 

8/ Tourist tax

This must be paid by the Customer on paying their rental balance. They will be notified of the amount once the booking is made.
 

9/ Security deposit

Each service provider has their own security deposit, the amount being stated in writing when the booking is made.
For accommodation rentals, the Customer will be asked to pay the service provider’s own security deposit when the keys are handed over (amount stated in the Contract). 
Should they fail to do so, the service provider may choose not to make the accommodation available to the Customer. 
The security deposit will be returned to the Customer by the host in accordance with the terms set out by the host and stated in the booking contract. 
 

10/ Payment of charges/services not included in the price

Charges and services not included in the booking price are stated in the booking contract and are to be paid directly to the host or the service provider in question.
 

11/ Insurance-cancellation

We strongly advise you to take out the “rental-cancellation” insurance we offer you as an option when requesting your booking. This insurance, which is taken out with AmTrust International Underwriters (A.I.U), policy number L19/AIU/12027, sets out to cover, aside from rental risks (property damage and civil liability), the following:
1. Cancellation 
2. The interruption of the leisure break or delayed arrival. 
See the paragraph “Rental-Cancellation insurance”.
 

12/ Rental risks and civil liability while on holiday

If the Customer does not wish to take out “rental-cancellation” insurance, they remain under the obligation to take out insurance against rental risks, theft, fire, water damage. Should they fail to take out insurance, the Customer is deemed to have assumed personal responsibility and will respond to all actions brought against them. 
 

13/ Risk Prevention Plan (RPP) – Overview of natural and technological risks 

Given that the commune of Montvalezan is covered by a plan for the prevention of natural risks, the property where you will be staying may be prone to a natural risk. In accordance with the terms of Articles L.125-5 and R 125-3 to 27 of the Environmental Code, you may consult the data sheet at the Savoie state services website.
 

14/ Transfer of the Contract in the event of a package being concluded

The Customer may, by any means enabling acknowledgement of receipt addressed to LA ROSIERE TOURISME, no later than seven (7) days before the start of the leisure break, transfer the Contract to anyone satisfying all the conditions applicable to this Contract.
The transferor of the Contract and the transferee are jointly responsible for the payment of the balance and the charges, fees or other possible additional costs resulting from this transfer. 
The “insurance-cancellation” option that the transferor may have taken out cannot be refunded or transferred. 
The person replacing the initial customer becomes the Customer and is required to comply with these general terms and conditions of sale and the specific conditions of the Contract transferred to them. 
 

15/ Transfer of the Contract in the absence of a package being concluded

The Customer may, by any means enabling acknowledgement of receipt addressed to LA ROSIERE TOURISME, no later than seven (7) days before the start of the leisure break, transfer the Contract to anyone satisfying all the conditions applicable to this Contract.
The transferor of the Contract and the transferee are jointly responsible for the payment of the balance and the charges, fees or other possible additional costs resulting from this transfer.  
In the case of a related travel service, only the accommodation-related Contract entered into with LA ROSIERE RESERVATION may be transferred. The possibility of transferring or otherwise the other contract(s) forming part of the related travel service depends on the rules applying to this/these contract(s). The Customer must approach the service provider(s) in question, and LA ROSIERE RESERVATION cannot be held in any way liable in the event of the service provider(s) in question refusing to transfer the Contract. 
The “insurance-cancellation” option that the transferor may have taken out cannot be refunded or transferred. 
The person replacing the initial customer becomes the Customer and is required to comply with these general terms and conditions of sale and the specific conditions of the Contract transferred to them. 

 

RENTAL-CANCELLATION INSURANCE

(IF THE CUSTOMER HAS SIGNED UP FOR THE OPTION)

Informative note on the cover summarised in Contract No.L16/AEL/1032.124, signed with Am Trust Europe Limited and addressed at booking customers who have signed up for the insurance cancellation option.
(Non-contractual informative note: the “rental-cancellation” insurance contract is available for information purposes at LA ROSIERE RESERVATION)
Insurer: AmTrust International Underwriters DAC; head office: 6-8 College Green, DUBLIN 2, Ireland; registration number: C33 525. This information can be checked in the register of the Central Bank of Ireland by visiting the website www.centralbank.ie. AMTrust International Underwriters DAC is authorised to carry out insurance activities in France under the freedom to provide services. 
Broker: PM Conseil Assurances: SERVICES ASSURANCE MONETIQUE – SAM; Insurance brokerage, a simplified joint-stock company with a share capital of €100,000; head office: 105 rue Jules GUESDE, CS 60 165, 92 532 Levallois Perret Cedex; Nanterre Trade and Companies Register: 523 543 445 NAF 66 22 Z; SIREN code: 523 543 445; ORIAS (Organisation for the Registration of Insurance Brokers) no.: 10 058 127 – www.orias.fr. Supervisory authority: Prudential Supervision and Resolution Authority (ACPR): www.acpr.banque-france.fr au 61 rue de Taitbout – 75009 PARIS.
 Rental-cancellation insurance contract signed by LA ROSIERE RESERVATION
705, route du Col du Petit St Bernard - La Rosière - 73700 Montvalezan
Telephone: +33 (0) 479 06 80 51; Fax: +33 (0) 479 06 83 20
Provides cover for the following risks: rental risks insurance, cancellation cover, cover in the event of interruption of the leisure break or delayed arrival. 
Definition: The insured is the party booking the leisure break (in other words the Customer), their spouse or common-law partner, their direct ascendants or descendants, sons-in-law, daughters-in-law, brothers, sisters or designated persons.
 

1/ Tourist package – Related travel service – Service(s) not included in the package and related travel service

The insurance applies, subject to the conditions and exceptions, to any service booked by the Customer from LA ROSIERE RESERVATION, and covered by these general terms and conditions of sale, regardless of whether the service is included or otherwise in a package or related travel service. One or more services not included in the package or related travel service are covered as soon as they are sont covered by these general terms and conditions of sale. 
 

2/ Rental risk insurance 

1. Risks insured: Property damage resulting from a fire, explosion, water damage, up to a maximum of €25,000.
2. Glass breakage: Up to a maximum of €2,500, €250 of which covers provisional closure fees. Excess of €65 per accident.
3. Other damage to hired goods belonging to the owner: Up to a maximum of €2,500 for all damage caused during the period of the leisure break. Excess of €65 per accident.
4. Civil liability of the occupying tenant: Up to a maximum of €1,500,000 for each of the tenant’s responsibilities towards the owner, up to a maximum of €500,000 for claims by neighbours and third parties.
 

3/ Cancellation cover

Refunding of the sums paid and payment of the monies to be paid for the total price of the leisure break, less the insurance premium (in other words, the cost of taking out the insurance). The total price of the leisure break comprises the related services billed for: it includes the price that the insured party must pay in the event of cancellation as a result of one of the events listed above, subject to the exceptions mentioned in Paragraph 5 below, entitled “Specific exceptions in the event of cancellation/interruption of leisure break/delayed arrival”. 
1. Serious illness, serious accident or death of the insured party. Serious illness or accident is understood as any change in health or a bodily injury that prevents the insured party from leaving home or the hospital where the insured party is being treated on the date of departure and which is confirmed by a sick leave certificate or by a medical certificate stating the aforementioned restriction, or prevents the practising of the activity that is the main purpose of the leisure break. Relapses or accidents notified at an earlier stage are covered provided that the illness or accident has not manifested itself in the month preceding the booking date. Grounds involving pregnancy are covered only in the event of related complications attributable to such a condition, miscarriage, delivery and the post-natal period, arising after the booking date. With regard to serious illnesses/accidents that trigger cancellation cover, the insured party must grant the company’s medical inspector access to their medical files. Failure to do so will result in no cover being provided. 
2. Fire, explosion, theft, water damage or a natural event resulting in significant damage to the house of the insured party and occurring prior to their departure or during the leisure break and requiring them to be present at the place where the incident occurred or at their second home or at the business belonging to them.
3. Inability to take possession of the leased premises due to dismissal (except for dismissal for gross professional misconduct), a transfer, divorce or separation filed at court, of the booking party or their spouse (or common-law or civil partner), provided that the event causing the cancellation occurs after the cover has come into effect.
4. Inability on the part of the booking party to reach the booked accommodation by road, air, rail or sea on the date they are scheduled to take possession of the rented premises, and within the following 48 hours, as a result of:
 - barricades or strikes blocking transport routes or floods or natural events vouched for by the mayor of the commune or any authority of the area where the holiday accommodation is located.
 - traffic accident involving the tenant and causing damage leading to the immobilisation of the vehicle and confirmed by an expert report.
We also provide cover for:
- the theft of the insured party’s vehicle in the 15 days preceding the start date of the leisure break, confirmed by the filing of a complaint.
- the attempted theft of the insured party’s vehicle in the week preceding the start date of the leisure break, confirmed by the filing of a complaint.
5. Changes to the holiday dates made by the insured party’s employer.
6. A lack or surfeit of snow: this type of cover can only be taken into consideration following a snow report published by an authorised body concerning the resort itself if it is a member of said body, or if it is not, the closest resort as the crow flies. It will be established that there is a lack of snow at the ski resort at the leisure break location if, in the 48 hours preceding or following the scheduled start date of the rental, more than two-thirds of the resort’s runs and/or ski lifts are closed on the basis of the aforementioned snow report. This cover can only apply during the period for which the resort’s ski area is officially open or from the date on which it opens early.
7. Administrative summons, or a summons to attend a medical examination or medical appraisal.
8. The booking party or their spouse (or common-law partner) has found a job, subsequent to the booking date, on condition that the job is permanent and the person was registered at the job centre.
9. The death of or serious illness/injury of the person responsible for replacing the booking party at work (independent, liberal, medical or paramedical profession) or looking after the minors or disabled children of the booking party or their spouse (or common-law partner), subsequent to the booking date, on condition that a contract or agreement was signed before said date. 
 

4/ In the event of the interruption of the leisure break or delayed arrival

The refunding of the price of the leisure break, including compensation, will be calculated pro rata temporis for the period not enjoyed as a result of the interruption, a consequence of one of the events listed in the cancellation cover set out in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9 subject to the exceptions set out in Paragraph 5, entitled “Specific exceptions in the event of cancellation/interruption of leisure break/delayed arrival”. 
 

5/ Specific exceptions in the event of cancellation/interruption of leisure break/delayed arrival 

It is agreed that in the event of the cancellation or interruption of the leisure break or delayed arrival the cover should not apply in the following circumstances:
An illness or injury that the insured party has knowledge of when making the booking and which has led to them receiving treatment in the month preceding the rental booking date.
Pregnancy, except for any related complications attributable to such a condition, miscarriage, delivery and the post-natal period, in the month prior to the date the booking is made.
A health cure, the need for an aesthetic (except following an accident or illness), psychological or psychotherapeutic treatment, including a nervous breakdown, except if the serious illness criteria are fulfilled.
Illness or injury due to alcoholism, drunkenness, the use of non-medically prescribed medicines, drugs and narcotics.
An injury caused by taking part in one of the following sports: air sports, bobsleigh, skeleton, rock climbing, ice hockey, motorsports, scuba diving.
 

6/ Communication of the Contract

Given that the insurer assumes responsibilities only with regard to the full text of the rental-cancellation insurance contract signed by LA ROSIERE RESERVATION, this Contract is available for consultation from LA ROSIERE RESERVATION, who shall make it available for reference or shall forward it to the Customer by any written means, upon request.
 

MODIFICATION OR CANCELLATION OF A PACKAGE

1/ Modification on the part of the Customer 

LA ROSIERE RESERVATION reserves the right to regard any request for modification as a cancellation, except in the case that LA ROSIERE RESERVATION fulfils the request for modification. 
Requests for the modification of confirmed files (files are regarded as confirmed on receipt of the deposit or the total amount due for the leisure break, if appropriate) must be made in writing. Only modifications made in writing on the Contract by LA ROSIERE RESERVATION, which shall then return the Contract to the Customer either by post or email, shall be deemed acceptable.
Any corrections made directly by the Customer to a LA ROSIERE RESERVATION document shall not be taken into account. Requests for modifications and any modifications in themselves shall not under any circumstances lead to the payment of the balance being suspended. 
 
Any change in the date of the leisure break or the accommodation requested by the Customer represents a cancellation of their initial order (with the requisite charges being applied) and the registering of the new order, subject to LA ROSIERE RESERVATION being able to fulfil this new order. By way of exception, a change in the date of the leisure break or the accommodation requested by the Customer shall be regarded as a modification if LA ROSIERE RESERVATION can fulfil this order without charges or detriment to them, the host or a service provider.
The interruption of a leisure break or delayed arrival only results in a refund if the Customer has taken out “rental-cancellation” insurance and if the policy applies. 
 

2/ Cancellation on the part of the Customer

The Customer may rescind the Contract at any time before the start of the leisure break, by making payment of the aforementioned settlement costs, which vary according to date the Contract is rescinded, prior to the start of the leisure break. 
LA ROSIERE RESERVATION must be notified in writing of the complete cancellation of a confirmed file, with the date the notification is received determining the date of cancellation. Files are regarded as confirmed upon receipt of the deposit or the full amount for the leisure break, where appropriate. 
In exceptional and inevitable circumstances, arising at the destination or in the immediate proximity of it, and fulfilling the conditions of Point II of Article L.211-14 of the Tourism Code (mentioned at the end of the document), the Customer may rescind (cancel) the Contract prior to the start of the leisure break without paying cancellation fees. In such an event, the Customer receives a full refund of all the payments. They cannot claim any additional compensation. 
In other cases, in the event of the cancellation of the leisure break on the part of the Customer, the monies paid will be refunded under the following conditions: 
a) The Customer has not taken out the “rental-cancellation” insurance or the policy does not apply
Number of days elapsing between receipt of the notice of cancellation and the start date of the leisure break Proportion not refunded of the total leisure break price
More than 30 days (deposit paid)
Fewer than 30 days (balance paid)
Fewer than seven days
25 per cent
75 per cent
100 per cent
b) The Customer has taken out the “rental-cancellation” insurance and the policy applies
See the paragraph “Rental-cancellation insurance”.
 

3/ Cancellation or modification on the part of LA ROSIERE RESERVATION

In the event of the cancellation or modification of the leisure break on the part of LA ROSIERE RESERVATION, the provisions of Articles L.211-9, L.211-12 to L.211-14 and R.211-5, R.211-8 to R.211-10 of the Tourism Code shall apply (Articles R.211-5 and R.211-8 to R.211-10, reproduced at the end of the document). 

a) Modification on the part of LA ROSIERE RESERVATION
before the start of the leisure break

LA ROSIERE RESERVATION can unilaterally make any minor amendment to the clauses of the Contract other than the price. The Customer shall be informed of this by LA ROSIERE RESERVATION. 
Other amendments will be made, where appropriate, in accordance with the regulations. 

b) Cancellation on the part of LA ROSIERE RESERVATION
before the start of the leisure break 

LA ROSIERE RESERVATION may rescind the Contract and refund the Customer in full for the payments made, although LA ROSIERE RESERVATION is under no obligation to pay additional compensation to the Customer if LA ROSIERE RESERVATION is prevented from performing the Contract on account of exceptional and inevitable circumstances and gives the Customer notice of the termination of the Contract without undue delay before the start of the leisure break. In such circumstances LA ROSIERE RESERVATION must only refund the payments made. No compensation shall be due.
In other cases, LA ROSIERE RESERVATION shall compensate the Customer in accordance with the conditions set out in Article R.211-10 of the Tourism Code.

c) Non-compliance in the performance of the Contract/package

In the event of a failure to perform the Contract (or the tourist package sold by LA ROSIERE RESERVATION and of which this Contract forms part), in its capacity as an organisation registered with Atout France, financially covered and the holder of professional civil liability, LA ROSIERE RESERVATION is your responsible point of contact. 
Any non-compliance shall be dealt with in accordance with the provisions of the Tourism Code. 

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