Terms and conditions covering activities related to the organisation and sale of package holidays and holidays are defined by articles R 211-5 to R 211-13 of the French Tourism Code.
My Second Home (MSH) offers family holidays in the traditional sense of the term and the accommodation is specially designed to this effect. MSH reserves the right to refuse any reservation that contravenes this principle or seeks to pervert it. The names, first names and ages of all participants including new-borns must be communicated when the reservation is made. Any incorrect information may result in the immediate cancellation of the reservation. For obvious safety reasons (such as use of the swimming pool and evacuation) and health reasons (such as hospital admission during the holiday), minors are not admitted unless accompanied by one of their legal guardians according to article 389 of French civil law. The client expressly acknowledges that MSH may not be held responsible as a result of information communicated by its partners or any third party for any resultant false, misleading or incorrect information that may be contained in its brochure or on its website concerning the residential premises, in particular the photographs, descriptions, activities, leisure activities, services and opening dates.
All the photos, videos and texts used in the brochure or on internet sites and social media are non-contractual. Some activities and facilities offered and indicated in the brochure descriptions may be removed, in particular due to adverse weather conditions or force majeure, or may not be operational during low-season or off-season. MSH therefore bears no responsibility as a result of third parties and/or in cases of force majeure.
MSH allocates apartments and bedrooms according to availability and can alter this allocation at any time before the keys are provided at check in. MSH does not, therefore, guarantee the specific location of any selected accommodation. Only the place, the dates and the type of accommodation are guaranteed. Access to accommodation may be refused to clients who demonstrate disruptive behaviour that might undermine the peace and tranquillity of the site. “Partner” benefits and promotions cannot be applied to reservations that have already been paid for partially or in full. If clients do not arrive on the planned arrival date and fail to provide written notice to the head offices within a period of 3 days, MSH reserves the right put the accommodation back up for sale.
Reservations are non-transferable and personal. They may not be sold on or sub-let either in whole or partially unless the client informs MSH of his or her decision by any means that provides the client with proof of receipt at least seven days before the start of the rental period.
For entertainment and organisation purposes within the establishment and in order to create and share souvenirs, each client hereby authorises MSH and any person or company authorised by MSH to photograph and film himself or herself and his or her underage children free of charge. The photographed and filmed content may be used in any paper, audio-visual, multimedia, digital (internet and social network) form for information, advertising, promotional, and commercial purposes for the promotion of MSH’s establishments and activities. Each participant thus waives their rights to any claim or legal proceedings relating to this authorisation. This authorisation is valid for a period of 5 years from the date of the client’s agreement to the general terms and conditions on reservation. Any client who does not wish to be photographed or filmed under these conditions during his or her stay may notify MSH in writing at the time of reservation or the manager or leader at the site of their holiday. The Client may make a special request when making his or her reservation (view, floor, adjoining accommodation etc.). MSH at no time guarantees that any special request made by the Client concerning his or her accommodation will be granted. The Seller has no obligation to grant any special request. The Seller agrees to do its utmost to satisfy the Client’s special request(s). However, the special request is subject to feasibility and the organisation of the rooms or the apartment and to the schedule of the residential premises. No claim shall result from the Seller’s inability to grant the Client’s special request.
A 30% deposit on the Accommodation part of the holiday will be paid on reservation and a 10% deposit will be paid on the reservation of complementary services (lift passes, ski equipment,
Health and Spa etc.). The balance will be paid without reminder no later than ONE MONTH BEFORE THE HOLIDAY START DATE. Bookings made in the month preceding the holiday start date will be accompanied by payment in full for the reservation. MSH reserves the right, without prior notice, to distribute the places of clients who have not paid in full for their holiday on the stated payment dates and in such cases MSH will apply the corresponding terms and conditions for cancellation. Where the stated payment dates have been exceeded, clients will be billed a recovery fee of 80 euros minimum per holiday reservation. In the case of non-refundable non-voidable rates, the total cost of the holiday is due when the reservation is confirmed.
Deposits / Non-refundable deposit: Deposits constitute the start of a sales agreement. Deposits may be reimbursed on cancellation according to an established scale. Non-refundable deposits are forfeit should the client cancel and he or she will not be reimbursed. However, if the Seller is unable to provide the reserved accommodation, it must reimburse the client twice the non-refundable deposit amount.
Last minute: Late reservations made by telephone with card payment may be secured if the client has subscribed to a Distance Selling convention at his or her bank. A fax signed by the client will enable him or her to ensure that the bank re-credits the client in case of litigation.
The holiday package descriptions and the price tables provide an indication of the services included in the listed inclusive prices. The prices do not include personal spending. Prices vary according to the period in which the holiday falls and sometimes according to the number of participants. The prices listed in the price tables are established according to economic circumstances when rates are established. If the economic circumstances change, in particular with regard to legal or regulatory taxation (including VAT), the technical organisers reserve the right to modify the sales prices.
The listed prices include sales taxes. They do not include holiday tax which is payable on site and they do not include the deposit and any complementary services selected by the client. The price given is for the rental of one accommodation unit. Nevertheless, the maximum number of occupants must not be exceeded.
Rental charges are included in the price. Holiday tax is an additional expense. Holiday tax rates are displayed at reception in the accommodation.
The client shall be provided with a detailed explanation if the price increases by more than 5% of the total holiday cost. The prices were established on 01/03/2017 according to the cost of various services at that date. As a result, any alteration in economic circumstances shall result in an alteration of the price.
For holidays in residential premises, a general description of the Seller’s apartments is provided in the brochures and on the website as an indication. All photos contained in the brochures and on the website are photos intended to capture the atmosphere and are non-contractual. Likewise, all information concerning cultural and sporting activities has been provided to us by the Tourist Offices in the resorts and under no condition does the Seller accept responsibility for that information.
6. ADMINISTRATIVE FEES
The payment of administrative fees is mandatory and must be paid in full on confirmation of the reservation.
For all holidays of more than 5 nights reserved by telephone: €25 / booking and €15 for up to 4 nights inclusive (a booking may not exceed 15 adults).
For reservations made on the website: €15 / booking for holidays of more than 5 nights and €10 / booking for up to 4 nights inclusive. (A booking may not exceed 15 adults.)
An additional €10 in administrative fees will be due if the initial deposit is paid by bank card online but the balance is paid by any other means than bank card.
You may check in from 5 pm on the arrival date. You must check out before 10 am on the departure date. In case of delay or late arrival, the Residential Premises must be notified so as best to organise your arrival outside reception’s opening hours. You may check in to your apartment from 12 pm by reserving Early Check In and paying additional fees on reservation. If this service has not been purchased no check in before 5 pm is permitted.
INVENTORY: The apartments are fully equipped with crockery, cutlery, bedding, and bed and household linen. We may not be able to check the inventory in your presence. In all cases, an inventory will be given to you on arrival. On taking possession of your accommodation, it is vital that you check the inventory and ensure that the household, sanitary and cleaning devices work properly. You must alert the on-site supervisor to any missing items or disparities within 24 hours of your arrival. On the departure date, the accommodation must be left clean and the inventory must be checked. Please be aware that if the accommodation’s level of cleanliness is unacceptable or if the kitchen area has not been tidied and/or cleaned, we will be obliged to charge you kitchen area cleaning fee of €40 or more. We would like to remind you that the description states the maximum number of beds per type and that for security reasons the accommodation may not be occupied by more people than indicated in the reservation.
INTERNAL REGULATIONS: Internal regulations are displayed at reception to make your life easier while on holiday. Please read and respect these regulations.
Bed linen, towels and other essentials are available “à la carte” at a supplementary cost:
Bed linen and towels €10 per person
Cleaning at the middle of the stay between €30 and €70 depending on apartment type
Cleaning at the end of the stay between €40 and €90 depending on apartment type
Baby kit (bed and high chair) free
Subject to Article 16 of French law number 96-603 of the 5/07/1996 modified on 4/03/2010 the term “massage” includes any body massage performed exclusively for aesthetic purposes or well-being excluding for medical or therapeutic purposes by well-being masseurs or qualified beauticians.
Payment for these services is made directly to the provider.
No reimbursement or replacement service will be provided and the full amount will be invoiced when a reserved appointment is cancelled without a valid medical certificate, an appointment’s time is changed later than 24 hours in advance and in cases of failure to attend a reserved appointment.
9. CANCELLATIONS / MODIFICATIONS
Cancellations include: simple cancellation of the holiday, any alteration of the date or place of the holiday and a reduction in the number of people or number of apartments rented in the selected option. The applicable cancellation fees are those set out in the tables below for all products in the brochure. Please note that the cancellation and modification fees for special rates such as the “non-voidable, non-refundable” rates are 100% of the total as soon as a reservation has been made. The rates below also apply to the cancellation of any complementary services.
SCHEDULE FOR WITHHOLDING CANCELLATION FEES AND ANY POSSIBLE REIMBURSEMENT
|Cancellation date||Amount retained by MSH|
|More than 60 days before the holiday start date||80€ de frais d’annulation|
|60 to 46 days before the holiday start date||30% holiday price|
|45 to 31 days before the holiday start date||50% holiday price|
|30 to 16 days before the holiday start date||70% holiday price|
|15 to 2 days before the holiday start date||100% holiday price|
|The day before the holiday, no-show on arrival date or curtailment||100 % holiday price|
In case of cancellation by the Seller:
Where MSH has to cancel the holiday before the start date, it must inform the client by registered letter with acknowledgement of receipt. The Client will immediately be reimbursed the full amount paid. The Client will also receive an indemnity equal to the penalty that he or she would have paid if he or she had cancelled on that date. These measures do not apply when the Seller and Client reach an amicable agreement and the client accepts a substitute holiday offered by the Seller.
Holidaymakers are strongly advised to take out individual insurance to cover civil liability. MSH accepts no responsibility beyond legal provision for any personal items that are lost or stolen or for any damage caused by a third party within the holiday establishments.
11. INSURANCE / ASSISTANCE
For your safety, MSH has taken out a multi-risk contract with Allianz Nb59.521.843 which includes the following cover: tourism residences management, tourism residences and hotels in France. The terms and conditions of the insurance contract can be consulted at any time upon request.
12. DEPOSIT / INVENTORY
For holiday rentals: on arrival you will be required to provide a deposit of …. to …. euros according to the type of accommodation and fixtures and fitting. It will be returned to you after your holiday following the deductions for any necessary replacements, cleaning and/or any other services as yet unpaid for. Any lost keys will be invoiced to the client. The client is responsible for any breakages, deterioration or damage that may have been caused to the fixtures and fittings in the residential premises. If the deposit paid is insufficient, the client will be required to pay the difference. The client may be required to pay a deposit for the use of certain available equipment and facilities (padlocks, hair-dryers etc.).
Pets are allowed to stay in certain accommodation units up to a maximum of one pet per accommodation unit and with the payment of a supplement per animal, per day or per week payable on reservation or on arrival (animals to be tattooed or chipped, vaccinated, and pet passport, identity papers and vaccination records to be presented). Pets are allowed in the public areas if kept on a lead but may be banned from the pool area. Owners are responsible for the good conduct and cleanliness of their animals. We reserve the right to refuse and/or expel dangerous, aggressive animals and animals that prove disruptive to the good functioning of the residential premises.
To avoid any inconvenience during your stay and in accordance with article 5 line 4 of the European Directive 90/314 of 13/06/1990: “The consumer must communicate any failure in the performance of a contract … at the earliest opportunity,” the client must communicate his or her complaint on the spot to the manager of the accommodation, to the guide or local representative, and/or obtain written confirmation of a service not being provided (other than ski services). If the consumer fails to do so we are unable to guarantee a favourable outcome to any complaint sent on his or her return. If a complaint cannot be resolved on the spot, the claim shall be sent in writing to MSH, 10 rue de la Charité, 69002 Lyon together with all relevant original documentation BY REGISTERED LETTER on the clients return home. In so far as the contract signed is an individual contract, any claim must be individual and not collective and must be made within a maximum period of eight days following the end of the service. The response time may vary according to the time taken to carry out enquiries with service providers. Having sent a claim to the agency’s customer service and having failed to obtain a satisfactory answer within 1 month, the consumer may contact the Travel and Tourism Ombudsman.
15. CANCELLATION RIGHTS
We would like to draw your attention to the fact that activities associated with the organisation and sale of holidays and package holidays on a set date or for a specified period are not subject to the 7-day cooling off period applicable to distance selling.
16. DATA PROTECTION
In accordance with French law number 78 of the 6/01/1978 each individual can obtain access to, and if necessary, the rectification of information concerning him/her that may have been gathered for the provision of services by writing to MSH, 10 rue de la Charité, 69002 Lyon. Data is kept for internal use of the company only.