GENERAL TERMS AND CONDITIONS OF SERVICE

1 . PREAMBLE

LOCATIONS VUE TURQUOISE (hereinafter referred to as the “Service Provider”) is a provider of real estate services, involved in seasonal rentals of a tourist nature, in the search for tenants on behalf of owners of furnished real estate (hereinafter referred to as the “Owners”), as well as for any services that may be directly or indirectly related to these activities.
These General Terms and Conditions of Use (hereinafter the “Terms and Conditions”) govern the relationship between the Service Provider and any person consulting or using the website domiciled at “https://www.locations-vue-turquoise.com/” (hereinafter the “Site”) or any content or service offered on the Site (with the exception of vehicle rentals), in the capacity of potential Customer or Customer (hereinafter the “Customer”), but also in the capacity of Owner. The term Customer refers to any person using the Site to obtain information on vacation rentals or to book a vacation rental, for personal or professional purposes.

Only persons with the legal capacity to enter into legally binding contracts are authorized by the Service Provider. Consequently, the Services offered by the Site may only be used by persons aged 18 and over who have the legal capacity to do so.
These General Terms and Conditions are governed by French law, in particular consumer law. 
These General Terms and Conditions apply in conjunction with the rental contract signed with the Customer for the Customer, and with the agency contract signed with the Owner for the Owner. However, if one of the stipulations of one of these two contracts should conflict with one of the stipulations of the present General Terms and Conditions, or if two stipulations of the present General Terms and Conditions should conflict, the prevailing clause will be that which is most favorable to the Customer.

2 . GENERAL

Although the Provider disclaims, to the extent permitted by law, any responsibility for compliance with any laws or regulations applicable to any vacation rental referenced on the Site, there may be circumstances in which the Provider may be required to provide information regarding any listing in order to comply with requests from public or regulatory bodies in connection with any investigation, litigation or administrative proceedings.
The transfer from the airport to the accommodation is not included in the price of the Service. All travel, whether by vehicle or not, is therefore the sole responsibility of the Customer. The day and time of arrival as well as the flight number must be specified by the Customer to the Provider, the Owner and the person in charge of reception at least 24 hours in advance, and any change in the information communicated must be transmitted as soon as possible to the Provider, the Owner and the person in charge of reception by the Customer.

The Owner rents the accommodation to the customer from 4 p.m. on the day of arrival, and the customer expressly undertakes to have vacated the accommodation in full by 11 a.m. on the day of departure.
The Site provides Customers with the contact details of car rental agencies with online payment modules. It is specified that the Service Provider is in no way a party to or responsible for any contractual relationship or consequences arising between the Customer and the car rental company of his/her choice, as the modules appearing on the Site refer to payments made directly to the car rental company concerned.
The Customer expressly acknowledges and accepts that the right of withdrawal is excluded from the present contractual relationship, in application of article L. 221-28 12° of the French Consumer Code.

3. CANCELLATION CONDITIONS AND CHARGES

All purchases of services are evidenced by the payment of a deposit to the Service Provider. Once this payment has been made, the cancellation conditions indicated in the present article apply automatically.
Any cancellation or modification must be notified to the Provider by e-mail to “[email protected]” or by registered letter with acknowledgement of receipt, the date of cancellation or modification being the date of receipt of the e-mail or registered letter. 
In the event that the Customer cancels or modifies his/her reservation, and subject to the exceptions stipulated in the following paragraph of this article, the conditions below apply depending on the time between the date of receipt of the registered letter/cancellation/modification e-mail and the Customer's initial arrival date:

- more than 30 days prior to arrival: 35% of the total cost of the stay, minimum 100 euros;

- 29 to 20 days prior to arrival: 50% of the cost of the stay, minimum 100 euros;

- 19 to 15 days prior to arrival date: 75% of the cost of the stay, minimum 100 euros;

- less than 14 days before date of arrival: 100% of the cost of the stay.

As an exception to the conditions set out in the previous paragraph of this article, any cancellation less than 35 days before the Customer's initial arrival date during the periods detailed below will, due to the high tourist numbers during the corresponding vacation period, be subject to cancellation charges of 100%:

- December 15 to January 5 ;

- the period corresponding to the Carnival school vacations of the current year; in all French departments and vacation zones.

All cancellations are subject to an additional 100-euro handling fee.

The Customer shall be responsible for taking out civil liability insurance or appropriate travel insurance to cover, in particular, the aforementioned costs.
The Site provides Customers with the contact details of an insurer with online payment modules. It is specified that the Service Provider is in no way a party to or responsible for any contractual relationship or consequences arising between the Customer and the insurer of his choice, as the modules on the Site refer to payments made directly to the insurer concerned.

4. HOUSEHOLD

Cleaning is compulsory in addition to the rental price. This information is specified on the rental form for each property on the Site, prior to reservation by the Customer.
The amount of the cleaning fee will appear systematically on the rental invoice sent to the Customer and must be paid as indicated on the invoice and on the confirmation sent by e-mail.
If the cleaning package is not compulsory, the Customer undertakes to leave the property in a perfectly clean condition. Failing this, the Owner will charge a cleaning fee equal to the amount of the package indicated on the site page. 

5. DESTINATION OF THE PREMISES

The accommodation is furnished and equipped. A full inventory of furniture, crockery, linen and other items will be taken on arrival.
The Customer uses the premises as a temporary residence or vacation home, to the exclusion of any commercial or professional use. 
Except with the prior written authorization of the Owner, all parties or events in the rented property are forbidden, as is the installation of sound equipment. The contractually agreed number of persons must also be respected, unless prior written authorization has been obtained from the Owner. The Owner reserves the right to refuse any additional persons not provided for in the rental contract.

Total or partial subletting is prohibited. Any violation of this stipulation may give rise to legal proceedings on the part of the Provider and/or the Owner, as well as immediate cancellation of the service with application of the cancellation charges in article 3 of these General Terms and Conditions, exclusion of the tenants without compensation, and the deposit will be cashed in for non-material damage.
Animals are forbidden during the entire rental period. Any violation of this stipulation may give rise to legal proceedings on the part of the Provider and/or the Owner, as well as immediate cancellation of the service with application of the cancellation fees set out in article 3 of these General Terms and Conditions.
More generally, during the rental period, the Customer undertakes to behave reasonably and to respect all rules of good conduct, particularly with regard to neighbors.
Any intervention by a bailiff will be at the Owner's initiative, and payment for the bailiff's services will be made by the Owner.

The customer is required to contact the owner and Locations Vue Turquoise directly and immediately in the event of any malfunction occurring during his stay. Please note that any complaints made after the end of the stay cannot be taken into consideration.

6. RESERVATION - PAYMENT - DEPOSIT 

The customer may pay for his rental reservation :
- either directly on the site, in a secure area, by paying a deposit. In this case, the reservation will be confirmed within 24 hours, or within a reasonable period of time.
- or after an offer has been sent by e-mail.
Once the deposit has been received, the reservation is confirmed, and the customer automatically receives confirmation, the invoice and a rental contract to be signed electronically, by certified site, with the Owner.
The deposit transaction will be debited 24 hours after the customer's payment on the secure site, giving the customer time to read the rental contract.
The balance is due 30 days before arrival, as specified on the booking confirmation.
All bookings made less than 30 days before the arrival date must be paid for in full by the customer.
Reservations made more than 30 days prior to arrival will be subject to immediate payment of a deposit of 35% of the total cost of the reservation, with the balance to be paid 30 days prior to arrival.

In the event of failure to comply with the payment deadlines referred to in the previous paragraph of this article, the Service Provider reserves the right to cancel the Customer's reservation and refund any sums already paid. In the event of cancellation for this reason, the cancellation charges stipulated in article 3 of these General Terms and Conditions shall apply to the Customer.
The rental is considered definitive upon receipt or cashing of the deposit or full payment of the reservation by the Customer.
The Service Provider and/or the Owner reserve the right to refuse access to the accommodation to the Customer in the absence of full payment of the reservation, the balance due, the deposit or the signed contract.
By paying the deposit, full payment or security deposit, the Customer acknowledges acceptance of these General Terms and Conditions.

The Customer's credit card will be used as a guarantee to :

- cover the cancellation charges stipulated in article 3 of these General Terms and Conditions ;

- deduct the cost of any damage and outstanding payments to the Owners.

The following methods of payment are available, to be agreed between the Customer, the Service Provider and the Owner: credit card, bank transfer.
If the balance is paid to the Provider by credit card, a handling fee of 2.5% of the balance will be charged to the Customer.
The security deposit may be paid by cheque or bank guarantee using the Customer's bank card, and will be returned within 5 days after the end of the stay unless, within this period, the Provider notes or has noted :

- deterioration of the rented property, furniture, objects, household linen or equipment caused by the Customer;

- non-compliance with the stipulations of these General Terms and Conditions, in particular with regard to the destination of the premises, which may cause prejudice of any nature whatsoever to the Service Provider.

All bank transfers from banks outside France must be in Euros only. Transfers from abroad may incur bank charges, which will be borne by the Customer.
In the event of partial or full payment of the rental being irregular, incomplete or non-existent, for any reason whatsoever, the sale of the reserved services will be cancelled, and the resulting costs under article 3 of the present conditions will be borne by the Customer.

7. DATES AND CHANGES

Any request by the Customer to change the dates of the stay, after the reservation has been validated, will only be validated with the agreement of the Supplier and the Owner together, or in the event of force majeure. The price and duration of the rental in the event of a rescheduling will be either identical or increased according to the rescheduling period chosen. Any postponement is valid for one year without charge in the same residence, and implies full payment of the reservation by the Customer in order to be validated. 
Any modification by the Customer of the dates of stay without the agreement of the Provider and the Owner will result in the cancellation of the reservation by the Customer alone. Any change in arrival or departure times due to air traffic, security requirements or any other reason beyond the control of the Provider shall not entitle the Customer to any compensation whatsoever from the Provider.

8. RESPONSIBILITIES

The Owner and the Customer declare that they are in compliance with all legal, jurisprudential and contractual obligations incumbent upon them, including but not limited to the obligations arising from articles L. 324-1-1 of the French Tourism Code and L. 134-10 of the French Construction and Housing Code. The Service Provider, who declares that he is in compliance with all legal obligations incumbent upon him, will not under any circumstances bear the consequences of any breach of their obligations by the Owner or the Customer. 
The accommodation is insured by the Owner, who undertakes to deliver it in a perfectly clean and well-maintained condition, in accordance with the description available on the Site and with current standards.

The Service Provider will do its utmost to ensure that any photographs supplied are displayed on the Site as faithfully as possible to the original, apart from changes in layout or furnishings, which are sometimes essential. The Customer acknowledges, however, that the photographs, as displayed in the advertisements, may differ slightly from the original images when scanned from non-digital images, or due to differences in the settings of the screens used to view them, and that the Provider accepts no responsibility for such differences.
The Owner and the Service Provider shall not be liable for any theft, loss, accident, damage or other problems that may occur to Customers or their property.
Customers are solely responsible for their personal belongings.

The Service Provider and the Owner cannot be held responsible for any unforeseen events or circumstances for which they are not responsible, such as - but not limited to - the weather, neighbourhood nuisance (due to building work, lawn mowing, etc.), breakdowns or failures of TV, internet, gas, water, electricity, etc. providers.
Any dispute or claim must be reported to Locations Vue Turquoise no later than two days after the keys have been handed over on arrival.
Natural or extraordinary disasters:
In the event of cyclones, natural or extraordinary disasters, strikes, and natural events, forcing tenants to cancel or shorten their stay in Martinique, we will not be able to reimburse unoccupied days, nor bear any additional costs incurred by the event.

Once the reservation has been confirmed and paid for by the Customer, the Provider guarantees the rental of the property in accordance with these General Terms and Conditions, the agency agreement signed with the Owner, and the rental agreement signed with the Customer.
In the event of default by an Owner or in the event of inability to provide the agreed service, the Provider undertakes to offer a replacement service equivalent to that booked, or to reimburse the Customer for amounts already paid.

9. INTELLECTUAL PROPERTY RIGHTS

All content appearing on the Site is protected by copyright and database rights. Any partial or total reproduction of the Site, including any copy of texts, visual elements or designs, is prohibited unless the Customer provides proof of his contract and reservation with the Service Provider.
When publishing or transmitting content of any kind, including text and images, via the Site, the Customer declares that he/she holds the necessary rights. If trademarks or other names of Owners and other brands appear in the Customer's assessments or in other content published by the Customer, the Customer declares that it holds the necessary rights.

10. APPRECIATIONS

The Customer is obliged to provide accurate information regarding his/her personal identity, including country of residence, in any other communication made on the Site, including in his/her assessments of the vacation rentals he/she has booked. Messages sent via the Service Provider's systems must relate solely to genuine requests for information; spam and unsolicited commercial electronic communications will not be tolerated.

Customers who have booked on the Site may publish on the Site their own assessments of an Owner's vacation rental.
In accordance with article 6.I.2 of the French Law no. 2004-575 of June 21, 2004 on confidence in the digital economy (LCEN), the Service Provider, as host, must remove any illicit content of which it is aware or of whose existence it has been formally notified. In addition, subject to prior notification to the Customer, the Service Provider may refuse to publish content, or remove it, if it considers it to be erroneous, inaccurate, misleading or not in compliance with applicable law.
The Service Provider expressly declines all responsibility for the Customer's assessments published on the Site, and does not verify the accuracy or veracity of said assessments, as it does not have the capacity to do so.
The Customer is obliged to publish true and authentic reviews, relating exclusively to the quality of his/her stay and the property rented, in compliance with applicable law. He/she therefore undertakes not to publish any illegal, threatening, abusive, defamatory, libellous or generally inappropriate content via his/her reviews on the Site.

11. RIGHT TO ACT

The failure of the Service Provider to act in the event of any breach of these Conditions by the Customer shall not be construed as a waiver of the Service Provider's right to act with respect to such breach, or any subsequent or similar breach(s).

12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

The performance of services and the settlement of any disputes arising are subject to French law. If the Customer meets the definition of a consumer as provided by French law, he shall be subject to the provisions of consumer law, and no clause in these Conditions shall affect his rights as a consumer. The Service Provider and the Customer undertake, in the event of difficulties in the performance of the contract and prior to any legal proceedings, to seek an amicable settlement to their dispute. Any attempt at amicable settlement is understood to mean at least the sending by registered letter with acknowledgement of receipt of a formal notice by the plaintiff to the defendant. 
In the absence of an amicable settlement, the competent court for the settlement of any dispute shall be the JUDICIAL TRIBUNAL OF FORT DE FRANCE.