Terms & Conditions – Legal Notices

Article 1: Length of stay: This contract is concluded for a fixed period and the Tenant may under no circumstances claim any right to remain in the premises at the end of the stay.

Article 2: Conclusion of the booking: The booking becomes effective as soon as the Tenant has sent the Owner a deposit of 30% of the total amount of the rental. The Owner will send a signed copy of the contract to be kept by the Tenant.

Under no circumstances may the rental contract concluded between the parties benefit third parties, even partially, without the written consent of the Owner.

Any infringement of this last paragraph would be likely to result in the immediate termination of the rental at the fault of the Tenant, the rental proceeds remaining definitively acquired by the Owner.

Article 3: Absence of cooling period: For bookings made by mail, telephone or Internet, the tenant does not benefit from a cooling period, in accordance with Article L121-20-4 of the Consumer Code relating in particular to the provision of accommodation services provided on a specific date or for a specific length.

Article 4: Cancellation by the Tenant: Any cancellation must be notified by registered letter to the Owner or by email provided that the Owner acknowledges receipt.

Cancellation more than 60 days before arrival on the premises: The deposit remains the property of the Owner.
Cancellation less than 60 days before arrival on the premises: The entire rental price remains the property of the Owner.
If the stay is shortened, the rental price remains the property of the Owner. No refund will be made.

If the Owner is able to rent the house again on the dates in question for an amount equal to or greater than the amount of the initial booking, the Owner will refund the Tenant in full the sums paid.

If the Owner is able to rent the house again on the dates in question for an amount less than the amount of the initial booking, the Owner will refund the Tenant an amount equal to the difference between the total of the amounts received for the dates in question (amount of the new booking plus the sums paid by the Tenant) and the amount of the initial booking.

Article 5: Cancellation by the Owner: If for reasons beyond the Owner’s control or in case of force majeure, the house can not accomodate tenants, the Owner has the right to terminate this contract. For example in the event of flooding, fire, major power failure or heating failure… This cancellation will be notified by registered letter to the Tenant and the Owner will refund the full amount paid to the Tenant.

Article 6: Arrival: The Tenant must arrive on the day and at the time mentioned on this contract. In case of late or delayed arrival, the Tenant must inform the Owner.

Article 7: Departure: The Tenant must leave the premises on the day specified and at the latest at the time mentioned on this contract.

Article 8: Payment of the balance: The balance of the rental must be paid 60 days before the arrival date provided for in this contract. Failure to pay the balance will be considered an automatic cancellation by the Tenant.

Article 9: Inventory: An inventory will be given to the Tenant upon arrival at the premises. The inventory can be contested by the Tenant within 24 hours after entering the premises. In the absence of any dispute within these 24 hours, the inventory given to the Tenant will be deemed to have been accepted without reservation. This inventory is the only reference in the event of a dispute concerning the state of the premises.

Article 10: Security deposit: A security deposit as specified in the contract must be paid to the Owner 7 days before the arrival date. In case of payment by cheque, the cheque will be cashed. After check-out, this deposit will be returned, after deduction of the cost of repairing any damage to the premises and after deduction of the costs of cleaning if the state of cleanliness in which the premises were returned was not satisfactory. The security deposit is returned by the owner within a period not exceeding one week.

Article 11: Use of the premises: The Tenant must ensure the peaceful use of the premises. If the Owner is notified of any disturbances or suspects any damage, the Owner or his representative reserves the right to enter the premises to carry out appropriate checks. The Owner is entitled to ask the Tenant to leave the premises with immediate effect if the premises are found in a neglected or damaged condition.

Article 12: Capacity: This contract is established for a maximum capacity of persons. If the number of tenants exceeds the capacity, the Owner may refuse the additional people. Any modification or termination of the contract will be considered at the Tenant’s initiative.

Article 13: Pets: Pets are not allowed. The contract may be terminated at the Tenant’s own fault in the event of non-compliance with this condition.

Article 14: Linen: Household linen, sheets, towels and beach towels are provided by the Owner. Sunscreen, fake tanning, waterproof make-up, hair dye are likely to cause permanent damage to linen. In the event of loss or indelible stains, the cost of replacing the parts in question will be charged to the Tenant.

Article 15: Cleaning: The owner is responsible for cleaning the premises between each new Tenant. However, it remains the Tenant’s responsibility to leave the premises in a satisfactory state of cleanliness. At the end of the stay, cutlery and dishes must be cleaned and stored, waste removed and placed in the appropriate waste/recycling bins. If the premises are left in an unsatisfactory state of cleanliness, cleaning costs will be charged at the hourly rate of 30€ and deducted from the security deposit.

Article 16: Cigarette: The premises are strictly non-smoking. Failure to comply with this condition may result in the loss of the security deposit.

Article 17: Insurance: The Tenant is responsible for all damages arising from his fault. He is required to be insured by a standard holiday insurance contract for these various risks.

Article 18: Liability: Except in cases of obvious negligence, the Owner cannot be held liable by the Tenant or third parties for any accident, damage, loss, loss, injury, expense or inconvenience that may be suffered, incurred in any way whatsoever as a result of the rental. The Owner cannot be held responsible for any accident, loss or damage to the tenant’s property, vehicles or personal effects, regardless of the cause.

In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, known as the L.C.N.E., we bring the following information to the attention of users and visitors to the www.semaphoredelervily.com website:

Article 1. Presentation:

Owner: The site www.semaphoredelervily.com is the exclusive property of the SARL Bleu Ouest which publishes it. SARL Bleu Ouest, 4 rue de Kerguelen 29770 Audierne. SARL with a capital of 10,000 € – RCS Quimper – SIREN 812 992 246 – VAT: FR812 992 246. Email: contact@semaphoredelervily.com, Tel: + (33) 7 68 42 61 62

Director of publication: Jean-Yves Huitric. The person in charge of the publication is a physical person.

Webmaster: Jean-Yves Huitric – Email: contact@semaphoredelervily.com, Tel: + (33) 7 68 42 61 62

Hosting: OVH – 2 rue Kellermann – 59100 Roubaix – France

Article 2. General conditions of use of the site and services offered.

The use of the site www.semaphoredelervily.com implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the site www.semaphoredelervily.com are therefore invited to consult them on a regular basis.

This site is normally accessible to users at any time. An interruption for technical maintenance can however be decided by www.semaphoredelervily.com which will then endeavour to inform users in advance of the dates and times of the intervention.

The website www.semaphoredelervily.com is regularly updated by Jean-Yves Huitric. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to read them.

Article 3. Description of the services provided.

The purpose of the www.semaphoredelervily.com website is to provide information concerning all of the company’s activities.

The SARL Bleu Ouest strives to provide on the www.semaphoredelervily.com site information that is as precise as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether they are due to its own fault or to the third party partners who provide it with this information.

All the information indicated on the site www.semaphoredelervily.com is given as an indication, and is likely to evolve. Furthermore, the information on the www.semaphoredelervily.com website is not exhaustive. They are given subject to modifications that have been made since they were put on line.

Article 4. Contractual limitations on technical data.

The website cannot be held responsible for any material damage related to the use of the site. Furthermore, the user of the site undertakes to access the site using recent equipment, free of viruses and with a latest-generation browser that has been updated.

Article 5. Intellectual property and counterfeits.

SARL Bleu Ouest owns the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular texts, images, graphics, logo, icons, sounds, software.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with prior written authorisation from SARL Bleu Ouest.

Any unauthorized use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

Article 6. Limitations of liability.

The SARL Bleu Ouest cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the www.semaphoredelervily.com website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

The SARL Bleu Ouest can also not be held responsible for indirect damages (such as for example a loss of market or loss of opportunity) resulting from the use of the site www.semaphoredelervily.com.

Article 7. Use of personal data.

In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.

When using the www.semaphoredelervily.com site, the following may be collected: the URL of the links through which the user accessed the www.semaphoredelervily.com site, the user’s access provider, the user’s Internet Protocol (IP) address.

In any case the SARL Bleu Ouest collects personal information relating to the user only for the need of certain services offered by the site www.semaphoredelervily.com. The user provides this information with full knowledge of the facts, in particular when he or she enters it himself or herself. It is then specified to the user of the site www.semaphoredelervily.com the obligation or not to provide this information.

In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, files and freedoms, any user has a right of access, correction and opposition to personal data concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder, specifying the address to which the answer must be sent.

No personal information of the user of the site www.semaphoredelervily.com is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the hypothesis of the purchase of the SARL Bleu Ouest and its rights would allow the transmission of the said information to the possible purchaser who would in turn be bound by the same obligation of conservation and modification of data with regard to the user of the www.semaphoredelervily.com site.

The databases are protected by the provisions of the law of 1 July 1998 transposing directive 96/9 of 11 March 1996 on the legal protection of databases

Article 8. Hypertext links and cookies.

The www.semaphoredelervily.com site contains a certain number of hypertext links to other sites, set up with the authorisation of SARL Bleu Ouest. However, the SARL Bleu Ouest has no possibility to check the content of the sites thus visited, and therefore assumes no responsibility for this fact.

Browsing on the www.semaphoredelervily.com site is likely to cause the installation of cookie(s) on the user’s computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data obtained in this way is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of frequentation.

Refusal to install a cookie may result in the impossibility to access certain services. However, the user can configure his computer in the following way to refuse the installation of cookies:

Under Internet Explorer: tab tool / internet options. Click on Confidentiality and choose Block all cookies. Validate on Ok.

Under Netscape: edit tab / preferences. Click on Advanced and choose Disable cookies. Validate on Ok.

Article 9. Applicable law and attribution of jurisdiction.

Any dispute relating to the use of the www.semaphoredelervily.com site is subject to French law. It is made exclusive attribution of jurisdiction to the competent courts.

Article 10. The main laws concerned.

Law No. 78-87 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 relating to computers, files and freedoms.

Law no. 2004-575 of 21 June 2004 for confidence in the digital economy.

Article 11: Lexicon

User: Internet user connecting, using the above-mentioned site.

Personal information: “information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to which it applies” (Article 4 of Law No. 78-17 of January 6, 1978).