The conditions governing business activities related to the organisation and sale of trips or holidays are set out in articles R 211-3 to R 211-11 of the French Tourism Code.
MY SECOND HOME (MSH) is a designated brand owned by the company TERRÉSENS VACANCES, which is a French simplified joint stock company, ‘Société par Actions Simplifiée’ (S.A.S.), registered on the Lyon Companies register (RCS) under the number 813 168 887 with head offices at 10, rue de la Charité (69002) LYON, FRANCE and registered with the French national institute for intellectual property, the Institut National de la Propriété Intellectuelle (INPI), under the national number 17 4 355 557.
These General Terms and Conditions apply to the sale of holidays in accommodation concluded between the company TERRÉSENS VACANCES and its individual clients.
The holidays provided take place in ‘résidences avec services’ (residences with services), ‘résidences hôtelières’ (aparthotels), or ‘résidences de tourisme’ (tourist residences), which are called MSH Residences in this document and consist of furnished housing, apartments or hotel rooms suitable for temporary stays by the day, week or month.
By reserving a holiday, the Client accepts these General Terms and Conditions which supersede any previous terms and conditions or any purchasing terms and conditions.
2. RESERVATION TERMS AND CONDITIONS
2.1. General terms and conditions
A holiday reservation in an MSH residence is only valid once the reservation has been accepted by MSH.
The apartments and bedrooms are allocated by MSH according to availability. The allocation can be changed at any moment before check in. MSH does not, therefore, guarantee the specific location of any chosen accommodation. Only the place, dates and type of accommodation are guaranteed.
Access to the accommodation may be refused to clients who behave in a disruptive manner that undermines the peace and tranquillity of the site.
“Partner” benefits and promotions cannot be applied to reservations once they have been paid for either partially or in full.
If clients do not arrive on the planned arrival date and fail to provide written notice to MSH’s head offices within a period of 3 days, MSH reserves the right put the accommodation back up for sale.
MSH reserves the right to resell places reserved by clients without prior notice, if such clients have not paid in full for their holiday on the stated payment dates. In such cases MSH shall apply the corresponding terms and conditions for cancellation according to the type of reservation made.
Reservations are non-transferable and personal. In accordance with article R.211.7 of the French Tourism Code and subject to contract termination, reservations may not be resold or sub-let, partially or in full, unless the Client informs the MSH of his or her decision by any means that gives the Client proof of receipt at least seven days before the start of the rental period. If the contract is terminated for this reason, the entire rental amount shall be retained by or paid to MSH.
Only the owner of a credit card may use that card to make payments for a holiday. The same card and identity papers must be presented on check in, before the keys are handed over
The surnames, first names and ages of all participants, including new-borns, must be provided 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 for health reasons (such as hospital admission during the holiday), minors will not be admitted unless accompanied by one of their legal guardians in accordance with article 389 of the French Civil Code.
2.2. Voidable and refundable reservations
To confirm a reservation, guarantees must be provided in the form of:
– a deposit amounting to 30% of the cost of the holiday paid by bank transfer or bank card using a debit authorisation form; and
– the number of a credit card that is valid for the duration of the holiday and from which MSH may debit the amount due for cancellation fees in accordance with the conditions and terms set out in article 8 of these General Terms and Conditions.
The balance shall be paid without reminders and no later than one month before the holiday start date.
If payment is not made by the stated payment dates, clients will be invoiced for a recovery fee of a minimum of 80 euros per holiday reservation.
2.3. Non-voidable, non-refundable, non-transferable, non-modifiable reservations
For non-refundable non-voidable rates, the total cost of the holiday is due when the reservation is confirmed.
3. THE ESTABLISHMENT’S SPECIAL TERMS AND CONDITIONS
3.1 Arrivals and Departures
For reservations of any nature, check in and key collection on arrival may take place at reception at the times indicated below:
- Earliest arrival time (from): 5pm
- Departure deadline (at the latest): 10 am
The MSH Residence must be notified of any unforeseen circumstances or late arrivals in order best to organise your arrival outside reception opening hours and to avoid a supplementary night’s accommodation being charged due to failure to respect the departure deadline.
On reservation, you may reserve our Early Check In service by paying a supplement, which means you will be able to check in to your apartment from 12pm. If the Early Check In service has not been purchased, no check in before 5pm will be permitted.
3.2. Purpose of the rental
The Client hereby agrees that his or her seasonal rental is concluded for leisure purposes and on a temporary basis.
The apartments are not intended for use as principal residences, or even second homes, and using the premises as one’s domicile on a continuous or occasional basis is strictly forbidden.
My Second Home (MSH) provides family holidays in the traditional sense of the term and the accommodation is designed specifically for this purpose. The Client agrees to respect the rental accommodation and its surroundings and to preserve the calm of the neighbourhood.
MSH reserves the right to refuse any reservation that contravenes this principle or seeks to pervert it.
Engaging in any commercial, artisanal or professional activities on the premises is forbidden. Consequently, the contract is governed by the provisions of the French Civil Code and by the provisions set out in these General Terms and Conditions and in the accommodation contract signed by both parties.
The occupants must respect the maximum number of authorised occupants based on the category of the accommodation reserved.
All the equipment in the accommodation will be listed in an inventory. The apartments are fully equipped with crockery, cutlery, bedding, and bed and household linen.
The Client agrees to use the rented premises and fittings in a peaceful and reasonable manner and in accordance with the purpose of the premises and with articles 1728 and 1729 of the French Civil Code.
MSH may not be able to perform checks (the inventory) in the client’s presence, in which case, the inventory will then be carried out unilaterally by MSH. In all cases, an inventory will be given to the Client on arrival.
On taking possession of the accommodation, it is vital that the Client check the inventory and ensure that the household, sanitary and cleaning devices work properly. The Client must alert the on-site supervisor to any missing items or disparities within 24 hours of his or her arrival. On the departure date, the accommodation must be left clean and the inventory must be checked.
Please be aware that if the accommodation is left in an unacceptable state of cleanliness or if the kitchen area has not been tidied and/or cleaned, we will have to charge you a kitchen area cleaning fee of €40 or more.
Furthermore, the occupant agrees to respect the maximum number of people allotted to the various types of beds provided, as set out in the accommodation description provided on reservation.
3.4 Internal Regulations
Internal regulations are displayed in the reception area of each establishment to facilitate your life on holiday.
The Client hereby agrees to read and respect the Internal Regulations.
4.1.1 holiday cost
The holiday package descriptions and price tables contain indications of services included in the inclusive prices on offer.
These 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 were established in accordance with the economic circumstances at the time they were compiled. If the economic circumstances change, in particular with regard to legal or regulatory taxation (including VAT), the operators reserve the right to modify the sales prices.
The prices are listed and payable in euros and include sales taxes. The listed prices only include the services mentioned specifically in the reservation
Thus, the prices detailed in the reservation will be adjusted on invoicing to include:
- tourist tax, which is payable on site and the rates are displayed in the reception areas of the MSH Residence;
- a refundable deposit;
- any optional services provided on site and chosen by the Client; and,
- personal spending.
The price for renting accommodation for the dates and duration of the holiday chosen is provided. Rental charges are included in the price. The client will receive 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 on that date. As a result, any alteration in economic circumstances shall result in an alteration of the price.
4.1.2 Administrative fees
The payment of administrative fees is mandatory and these fees must be paid in full on confirmation of the reservation.
*For holidays reserved by telephone (a single booking may not exceed 15 adults):
– for all reservations of holidays lasting up to and including 4 nights: €15 per booking
– for all reservations of holidays lasting more than 5 nights: €25 per booking
*For reservations made via the website (a single booking may not exceed 15 adults):
– for all reservations of holidays lasting up to and including 4 nights: €10 per booking
– for all reservations of holidays lasting more than 5 nights: €15 per booking
An additional €10 in administrative costs will be charged if the initial deposit is paid online by bank card but the balance is paid by any means other than bank card.
4.1.3 Cost of complementary and optional services
In addition to accommodation, various services are available à la carte such as breakfast, a personal laundry service, the provision of household linen (bed linen and towels) and a cleaning service for the accommodation.
The following amounts will be invoiced for these services in addition to the accommodation costs:
|Bed linen and towels||€10 per person|
|Cleaning carried out during the holiday||Between €30 and €70, depending on apartment type|
|Cleaning at the end of the holiday||Between €40 and €70, depending on apartment type|
|Baby kit (bed and high chair)||Free of charge|
Payment must be made when the service is ordered.
4.2 Payment Terms
Clients may pay by credit card (such as Visa or MasterCard), by bank transfer and in cash in accordance with the maximum amounts authorised by applicable law. Cheques are not accepted.
All the photos, videos and texts used in the brochure or on internet sites and social media are provided as an indication only and are non-contractual.
All information concerning sports and leisure activities was provided by the Tourist Office and is passed on as an indication only.
MSH therefore bears no responsibility if these activities are no longer available during the holiday.
For any further information, please contact the relevant organisations directly.
MSH reserves the right to make full or partial modifications to its programmes, activities and the facilities on offer if circumstances and events beyond the control of MSH occur (force majeure, weather conditions etc),
MSH therefore accepts no responsibility for any third parties and/or in cases of force majeure. Force majeure means the occurrence of an unforeseeable, unpreventable event outside the control of the Parties.
Subject to Article 16 of French law number 96-603 of the 5/07/1996 modified on 4/03/2010 the term ‘modelage’ (massage) includes any superficial and external manipulations carried out on the skin of the human face or body exclusively for aesthetic or well-being purposes, and excludes any manipulations performed for medical or therapeutic purposes. Such massages may be manual, potentially to aid the absorption of a cosmetic product, or facilitated by an aesthetic device. These services have no medical purpose and are carried out by well-being masseurs or qualified beauticians.
Payment for these services is made directly to the supplier.
The full amount will be invoiced by the supplier and no reimbursement or replacement service will be provided if an appointment time is changed less than 24 hours in advance of a reserved appointment or if a Client fails to attend a reserved appointment.
7. TERMS AND CONDITIONS FOR CANCELLATIONS / MODIFICATIONS
In accordance with article L.211-14 of the French Tourism Code, the Client may cancel the contract at any time before the beginning of the holiday.
In such cases, the Client will be liable to pay cancellation fees determined by MSH in accordance with the amounts set out in following table for all products and services in the brochure. The fees will apply to pure and simple cancellation of the holiday, to any changes to the date or place of the holiday and to a reduction in the number of people or apartments rented according to the package selected.
Please note that the cancellation and modification fees for special rates, such as the “non-voidable, non-refundable” rates, are 100% of the total amount as soon as a reservation has been made. The fees below also apply to the cancellation of any complementary services.
7.1 Cancellation terms and fees for Client-initiated cancellations:
Date of cancellation / Date of request to modify essential element
Amount retained by MSH
|More than 60 days before the rental start date||€50 cancellation/modification fee|
|59 to 45 days before the rental start date||25% of the holiday price|
|44 to 30 days before the rental start date||50% of the holiday price|
|From 29 days before the rental start date||100% of the holiday price|
The Client has the right to terminate the contract before the start of the trip or holiday without paying cancellation fees in cases of force majeure, or in other words, if exceptional and unavoidable circumstances occur at the destination or in immediate proximity to the destination that have significant consequences for the execution of the contract
7.1 Terms and fees applicable to Seller-initiated cancellation:
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 already paid without penalty as soon as possible and no later than fourteen days after the termination of the contract. 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 whereby the Client accepts a substitute holiday offered by the MSH in accordance with the provisions of article R.211-9 of the French Tourism Code.
8.1 Loss, theft and damage caused by a third party
MSH accepts no responsibility for any personal items that are lost or stolen in any part of the establishment.
The Clients are required to ensure that their household insurance contract includes a vacation clause covering the risks of theft, loss and damage caused by third parties in holiday establishments.
In the absence of such a clause, Clients are required to request an extension of their cover from their insurance company.
A proof of insurance or a sworn statement may be demanded on arrival or at any time during the holiday.
8.2 Information communicated by partners and third parties:
The client expressly acknowledges that MSH may not be held responsible, as a result of the communication by its partners or any third party, for any false, misleading or incorrect information that may be contained in its brochures or on its website concerning the premises and sites, notably the photographs, descriptions, activities, leisure activities, services and operating dates.
8.3 General description of the apartments
A general description of the Seller’s apartments is provided on the website as an indication for holidays and stays in MSH Residences. All photos contained in the brochures and on the website are photos intended to capture the atmosphere and are non-contractual. Similarly, all information concerning cultural and sporting activities was provided by the Tourist Offices in the resorts and the Seller accepts no responsibility for any such information under any circumstances.
For your safety, MSH has taken out a multi-risk contract with Allianz no. 59.521.843 which includes the following cover: the operation of tourist residences, aparthotels and hotels in France, acting as a tour and holiday operator in France. The terms and conditions of the insurance contract can be consulted on request.
MSH hereby declares that for the duration of the holiday, its insurer does not cover:
– any damage to or loss of vehicles parked in the external or underground car parks;
– any damages or losses suffered by third parties;
– any theft, damage, loss, or disappearance of personal effects left in the apartments, in individual safes, in shared spaces, in car parks and any other outbuildings and annexes to the establishment; and,
– the insurance of domestic animals or pets.
MSH accepts no liability for any of these events.
10. DEPOSIT / LOSS
For holiday rentals: on arrival you will be required to provide a deposit of …. to …. euros according to the type of accommodation and the fixtures and fitting.
The deposit will be returned to you after check out and after deductions for any necessary replacements, cleaning and/or any other services as yet unpaid for.
The Client may be required to pay a deposit for the use of certain equipment and facilities made available on request (padlocks, hair-dryers etc.).
10.2 Loss or damage caused by the Client:
The Client will be invoiced for the loss of any keys.
The Client is responsible for any breakages, deterioration or damage caused to the fixtures and fittings in the MSH Residence. If the deposit paid is insufficient, the client will be required to pay the difference.
In accordance with article R.211-6 of the French Tourism Code, the Client is required to communicate any irregularity he or she notices during the holiday as soon as possible in consideration of the circumstances of the case.
The client must communicate his or her complaint to the manager of the accommodation, to the guide or local representative, and/or obtain written confirmation of a service not being provided (with the exception of ski services).
If the Client fails to do so MSH cannot guarantee that any dispute will lead to a favourable outcome on the Client’s return.
If a dispute cannot be resolved on the spot, the Client should send a claim in writing to MSH, 10 rue de la Charité, 69002 Lyon, France together with all relevant original proofs, BY REGISTERED LETTER on his or her 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 French Travel and Tourism Ombudsman, le médiateur du Tourisme et du Voyage.
12. IMAGE REPRODUCTION RIGHTS
For entertainment purposes within the establishment, and in order to create and share memories and 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.
This content may be used in any paper, audio-visual, multimedia, and digital (internet and social network) form for information, advertising, marketing, and commercial purposes for promoting MSH’s establishments and activities.
Each participant thus waives their rights to any claim or legal action relating to this authorisation. This authorisation is valid for a period of 5 years from the date of the Client’s agreement to these General Terms and Conditions at the time of 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 on making his or her reservation (for a specific view, floor, adjoining accommodation etc.), but MSH at no time guarantees that any special request made by the Client concerning his or her accommodation will be granted.
The Seller agrees to do its utmost to satisfy the Client’s special request(s) but is under absolutely no obligation. Any such special request shall be considered subject to feasibility, to the layout of the rooms or the apartment and to the MSH Residence’s scheduling. No claim shall result from the Seller’s inability to grant the Client’s special request.
13. NO 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 cancellation period applicable to distance selling.
14. DATA PROTECTION
General Data Protection Regulation (GDPR) sets out new requirements for the content and processing of data in files.
14.1. Identification of data collected
In accordance with French law 78-17 of the 6th January 1978, modified by French law no. 2018-493 of the 20th June 2018, it should be noted that any Personal Data requested from the Client is strictly necessary, primarily for reserving the holiday accommodation and for creating invoices.
This data is collected when the client:
– makes an information request on MSH’s website;
– makes a reservation for holiday accommodation using MSH’s website, or by telephone or by email; and
– contacts MSH’s Reservation Service.
Within this framework, MSH collects the following data:
– First name(s)
– Telephone numbers
– Email address
– VAT number if applicable
– Internal processing code for identifying the Client
– IP address
– Data concerning the method of payment: Client’s bank card number
– Data concerning transactions: transaction number, details of purchase
– Type of accommodation reserved, quantity, holiday amount, contract relationship history, correspondence with the Client.
14.2 Use of data collected
Any data collected by MSH when a Client makes a reservation is processed by computer for the administrative and commercial use of the TERRÉSENS Group and its subsidiaries. This data is never transferred to external companies or abroad.
This data may be communicated to the Seller’s partners who are responsible for executing, processing, managing or handling the payment of the reservations.
Information communicated through the website is processed in accordance with legal requirements for protecting personal data, and the information technology system MSH uses guarantees maximum protection of this data.
This data may be communicated to the companies IMMOÉ and TERRÉSENS and the Client may receive offers and/or marketing and/or general information about similar projects to those presented in this document, regarding investing in rental properties in residences with services.
The Client may, for legitimate reasons, refuse the use of his or her data. The Client can refuse the use of his or her data for business prospection free of charge. In particular, the Client may unsubscribe from our electronic messages at any time by clicking on ‘se désabonner’ or “unsubscribe” or by sending a request to our data protection officer by email to: email@example.com.
14.3 Duration of data storage
Data is stored and used for a period of time that complies with applicable legislation and notably with the frame of reference of the French Information Commissioner’s Office (CNIL).
14.5 The right to access and correct your data
As his or her data is subject to computerised processing, each Client has the right to access, rectify and erase his or her personal data in accordance with the French Law 78-17 “Informatique et libertés” (Information Technology and Freedom) of the 6th January 1978.
To exercise your right to access, you may write to MSH at the following address: 10 rue de la Charité, 69002 Lyon, FRANCE; or send your request by email to the following address: firstname.lastname@example.org.
15. INDEPENDENT CONSTRUCTION OF CLAUSES
If certain clauses in the reservation contract and these General Terms and Conditions should be or become invalid or enforceable, the other clauses shall remain valid and enforceable.
16. APPLICABLE LAW
These General Terms and Conditions are governed by French Law. Any disputes concerning these General Terms and Conditions will fall under the jurisdiction of the French courts.
The English version is a translation of the French original for information purposes only. In case of a discrepancy, the French original will prevail.