General Terms and Conditions SCEA Château Moyau
1. Scope of application
1.1. These terms and conditions apply to contracts for the provision of apartments and holiday homes (hereinafter referred to as "apartments") and to all other related services provided by SCEA Château Moyau.
1.2. The customer's terms and conditions shall only apply if this has been expressly agreed upon in writing.
2. Conclusion of contract
2.1. This contract is concluded with the return of the booking confirmation by e-mail. The booking confirmation conveys the acceptance of the offer and the conclusion of the contract.
2.2. If the customer acts in the name and on account of a third party, the customer together with this third party shall be jointly and severally liable for all obligations arising from the contract.
2.3. If the down payment within the meaning of clause 4 below is not received on time, SCEA Château Moyau shall be entitled to terminate the contract without notice.
3. Legal basis, scope of services
3.1. The service to be provided by SCEA Château Moyau consists in the letting of the booked apartment at the winery. On request the following services can be booked additionally:
o daily cleaning (EUR 35,00 per day); the final cleaning is obligatory
o bed linen and towels (EUR 15,00 per person)
Please don't that no food (like breakfast) is served at Château Moyau.
3.2. SCEA Château Moyau is not liable for local circumstances that are not directly related to the rented apartment. In particular, this applies to circumstances and conditions on the beach, to the location and to the traffic conditions of the holiday resort or to circumstances caused by nature or forces of nature. The tenant is aware that active viticulture is practised on the winery. Despite the fact that the winery is situated in a solitary location, it is possible that therefore there may be adverse effects with regard to noise and odours.
4. Arrival and departure
4.1. On the day of arrival the accommodation is available from 4:00 p.m.
4.2. If, on arrival, the office in the wine shop (hereinafter: the administration) is no longer occupied, the key is stored in a key safe in the pigeon tower. You will receive the security code to open the safe by e-mail to the e-mail address provided when booking and by sms to the mobile phone number provided to us. Next to the safe you will find directions to the apartments. Furthermore, there is a telephone contact number at the key safe.
4.3. Check-out on the day of departure by 10:00 a.m. at the latest. The apartment must be swept clean and left with washed dishes.
5. Rental price, deposit and balance
5.1. The prices shown in the booking confirmation of SCEA Château Moyau shall apply. These prices include statutory value added tax. If the period between conclusion of the contract and fulfilment of the contract exceeds 12 months and if the price generally charged by SCEA Château Moyau for the agreed services or the statutory value added tax increases or if the costs for services provided by third parties in connection with the accommodation increase, SCEA Château Moyau is entitled to raise the agreed price appropriately. If the price increases by more than 5%, the customer shall be entitled to withdraw from the contract.
5.2. A 25% deposit must be paid within 10 French banking days of receipt of the confirmation e-mail. The decisive factor is the timely crediting of the IBAN FR 76 1660 7000 4368 0219 2065 412 account at the Banque Populaire du Sud.
5.3. If there are less than 6 weeks between the rental agreement and the start of occupancy, the total amount must be paid within the period of 10 days.
5.4. If the down payment is not paid on time, SCEA Château Moyau is entitled to withdraw from the offer. A prior reminder is not required. However, SCEA Château Moyau will inform you of the exercise of the right of withdrawal.
5.5. In the case of the deposit paid in accordance with 5.2, the balance must be paid 6 weeks before the start of the rental period to the account of SCEA Château Moyau IBAN FR 76 1660 7000 4368 0219 2065 412 with the Banque Populaire du Sud. If the remaining payment is not received within the deadline, SCEA Château Moyau is entitled to withdraw from the contract. The right of withdrawal will only be exercised however, if a previous reminder has again been without result.
5.6. The tenant is not entitled to the use of the apartment, unless the full rent has been paid at the beginning of occupancy.
6. Deposit
6.1. A deposit of €250 is to be paid to the SCEA Château Moyau administration when the keys are handed over. Without this deposit there is no entitlement to the apartment.
6.2. The deposit will be refunded to the tenant after the apartment has been properly returned. The return of the apartment will take place after consultation with the administration of SCEA Château Moyau. It is not possible to return the apartment with a refund of the deposit without a time connection with the departure. If you leave the apartment prematurely without return, the deposit will be refunded within 4 weeks if the apartment is in good condition.
6.3. If damage has occurred for which the tenant is responsible until the apartment is returned, the deposit may be retained or reduced. In this case the deposit will be transferred to the tenant after deduction of the costs incurred.
6.4. If the costs for damages for which the tenant is responsible are higher than the deposit, the tenant shall be fully liable.
7. Withdrawal by the tenant, non-use of services
7.1. The lessee may withdraw from the contract at any time. The cancellation must be made by registered letter or by e-mail to booking@moyau.com.
7.2. In the event of withdrawal by the lessee, SCEA Château Moyau shall be entitled to claim compensation in accordance with the following table:
o 25% of the rental price up to 60 days before rental start
o 50% of the rental price from the 59th day to the 30th day before the start of the rental period
o 90% of the rental price from the 29th day before the rental start
Should SCEA Château Moyau find a substitute tenant for the cancelled period or part of the period, the compensation shall be reduced accordingly.
7.3. In the event of non-arrival without express termination of the contract, the obligation to pay in full shall continue to apply.
7.4. Late arrival or earlier departure, for any reason whatsoever, shall not entitle the customer to claim refunds. The customer is free to prove that the claim for payment has not arisen or has not arisen in the required amount.
8. Termination by SCEA Château Moyau
8.1. SCEA Château Moyau shall be entitled to terminate the contract after commencement of occupancy if a tenant, despite a warning by SCEA Château Moyau or its authorised representatives, continues to behave contrary to the contract. This applies in particular if the apartment is occupied by more persons than contractually agreed and/or if the tenant violates the house rules, disturbs the house peace significantly and/or if the apartment is grossly negligent or intentionally damaged.
8.2. SCEA Château Moyau reserves the right to charge the total price for the appartment for cancellations on this occasion.
9. Special duties of the tenant
9.1. The apartment may only be occupied by the number of persons specified in the description of the apartment. Small children also count as persons. In the event of overcrowding of the apartments, SCEA Château Moyau or its authorized representative has the right, at their reasonable discretion, to demand either evacuation of the apartment or adequate compensation for the excess persons. If an evacuation is requested, the excess persons must leave the apartment immediately.
9.2. The subletting and re-letting of the apartment or holiday home provided as well as the use for purposes other than the accommodation of persons for the purpose of a recreational stay require the prior written consent of SCEA Château Moyau.
9.3. The lessee is obliged to treat the apartment provided to him with care and to inform SCEA Château Moyau immediately in the event of damage. This is also in the interest of the tenant, as the costs of the replacement are determined at an early stage and therefore the return of the deposit is not delayed.
9.4. The lessee is responsible for cleaning the kitchen utensils and kitchen furnishings. These are not part of the final cleaning. Should an additional cleaning be necessary, these additional costs are to be borne by the tenant.
9.5. In the event of possible impairment of the performance of an obligation, the lessee is obliged to do everything reasonable to minimise the damage and to contribute to the elimination of the impairment.
10. Liability of the tenant
The tenant is liable for all damage to buildings or inventory caused by himself, other guests and other third parties associated with him.
11. Liability and limitation of liability of SCEA Château Moyau
11.1. SCEA Château Moyau shall only be liable in the event of intent and gross negligence on the part of its legal representatives or vicarious agents. In addition, SCEA Château Moyau shall also be liable for ordinary negligence insofar as it concerns essential contractual obligations. In this case the liability is limited to the compensation of the foreseeable, contract-typical damage. For all other damages for which SCEA Château Moyau is responsible, its liability is limited to 30% of the total price. The liability of SCEA Château Moyau for damages resulting from injury to life, limb or health remains unaffected.
11.2. Any objects brought along by the tenant are at the risk of the tenant in the apartments. Without prejudice thereto, SCEA Château Moyau shall only be liable with an amount corresponding to ten times of the rental price, but at least up to an amount of € 600.00 and at most up to an amount of € 800.00. Liability for money, securities and valuables is excluded. The lessee shall inform SCEA Château Moyau in time of the possibility of an extraordinarily high loss.
11.3. SCEA Château Moyau shall not be liable for any impairments of performance of an obligation caused by third parties, which do not directly concern the apartments - or for any damage caused by improper or non-conforming operation and use of the apartment or the furnishings - or for any consequential damage resulting therefrom.
12. Statute of limitations, prohibition of assignment and others
12.1. The lessee's claims expire 2 years after the day on which the rental period should end according to the contract. An assignment of claims is excluded. The customer may only offset against undisputed or legally binding claims.
12.2. Special agreements for the use of the apartment, for its payment or for other provisions concerning the usual rental contract must be made in writing.
12.3. Should any of the above provisions be or become invalid, the remaining provisions shall remain valid and the validity of the contract shall not be affected by the invalid or ineffective provisions.
12.4. All claims between the parties shall be governed by French law.
12.5. The place of jurisdiction for actions arising from this legal relationship shall be Narbonne.
