Vacation rental Odalys :
Your holiday home, apartment, residence or
villa in France, Corsica, Italy and Spain

Odalys - General Sales Conditions

In compliance with articles R211-5 to R211-13 of the Code of Tourism in relation to the organisation of the sale of trips or stays, modified by the Decree n° 2007-669 of 2nd May 2007, of which the complete reproduction is set out below.

Article R211-5
Subject to exclusions set out in paragraph two (a and b)of article L. 211-8, all offers and sale of travel services or holidays should be accompanied by appropriate documents that satisfy the rules defined by the document hereof.
In the case of air transport tickets or tickets on scheduled lines not accompanied by services linked to this transport, the seller issues to the buyer one or several tickets for the whole voyage issued by the carrier or under its responsibility. In the case of transport by request, the name and address of the carrier on behalf of whom the tickets are issued, should be mentioned. Separate invoicing of various parts of the same tourist package does not release the seller from the obligations imposed by the document hereof.

Article R211-6
Prior to the signing of the contract and on the basis of a written document including its company name, address and administrative authorisation number, the seller should communicate to the consumer all information on prices, dates and other elements covered by the services provided during the trip or stay such as:

1. Destination, means, characteristics and class of transport used;
2. The accommodation method, its location, its level of comfort and major characteristics, its approval and tourist rating corresponding to applicable regulations or usages in the receiving country;
3. The meals provided;
4. The description of the itinerary in the case of a tour;
5. The administrative and sanitary formalities to be fulfilled in the case of crossing frontiers as well as their deadlines;
6. Visits, excursions and other services included in the package or possibly available for a supplement;
7. The minimal or maximal size of the group allowing the trip or stay to go ahead as well as, if the trip or stay depends on a minimum number of participants, the consumer information deadline in case of cancellation of the trip or stay; this date cannot be less than twenty-one days before the departure;
8. The sum or percentage of the price to be paid as a deposit on signing the contract as well as the payment timetable for the balance;
9. Price revision terms as set out by the contract in application of article R. 211-10 of the Decree hereof;
10. Contractual cancellation terms
11. Cancellation terms defined in articles ;R. 211-11, R. 211-12 et R. 211-13;
12. Information concerning risks covered and the sum of guarantees in the insurance contract covering the consequences of travel agents' professional civil liability and the civil liability of non-profit-making associations and organisations and local tourism organisations;
13. Information concerning optional insurance covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks namely repatriation costs in the case of accident or sickness.
14. When the contract includes air transport, the information, for each part of the flight, set out in articles R. 211-15 to R. 211-18.

Article R211-7
The seller is bound by prior information given to the consumer, unless the seller has formally reserved the right in that prior information to modify certain elements. The seller should, in this case, clearly indicate how this modification can apply and on which elements. In any case, modifications made to prior information should be given in writing to the consumer before the contract is signed.

Article R211-8
The contract signed between the seller and the buyer should be drafted in two copies, one of which is given to the buyer and signed by both parties. It should include the following clauses:

1. The name and address of the seller, its guarantor and insurance company as well as the name and address of the organiser
2. The destination or destinations of the trip and, in the case of a fractioned stay, the different periods and their dates
3. The means, characteristics and categories of transport used, the dates, times and places of departure and return;
4. Accommodation, its location, its level of comfort and major characteristics; its tourist classification by virtue of regulations or usages in the receiving countries;
5. The number of meals provided;
6. The itinerary when it is a tour;
7. Visits, excursions or other services included in the total price of the trip or stay;
8. The total price of invoiced services as well as an indication of any possible revisions in this invoicing by virtue of the provisions of article R. 211-10;
9. The indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or boarding fees in ports and airports, tourism tax when not included in the price of the service(s) provided;
10. The timetable and method of payment of the price; in any case, the last payment made by the buyer, cannot be less than 30% of the price of the trip or the stay and should be paid with the remittance of the documents needed for the trip or stay;
11. Special terms requested by the buyer and accepted by the seller;
12. The terms whereby the buyer can make a claim against the seller for non-fulfilment or improper fulfilment of the contract. The claim should be sent as soon as possible, by registered letter with acknowledgement of receipt to the seller and notified in writing, if necessary, to the relevant organiser of the trip and the service provider;
13. The last deadline for information to the buyer in case of cancellation of the trip or stay by the seller should the trip or stay depend on a minimal number of participants, in compliance with the provisions of 7° of article R. 211-6;
14. Contractual cancellation terms;
15. Cancellation terms set out in articles R. 211-11, R. 211-12 et R.211-13;
16. Explanations concerning risks covered and the sum of guarantees by the insurance contract covering the consequences of the seller's professional civil liability;
17. Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and insurance company name), as well as those relating to the assistance contract covering certain specific risks namely repatriation costs in the case of accident or sickness; in this case, the seller should give the buyer a document at least specifying the minimum risks covered and risks excluded;
18. The seller information deadline in the case of transfer of the contract by the buyer;
19. The written commitment to provide the buyer, at least ten days before the scheduled date of departure, with the following information:
    • a) The name, address and telephone number of the local representative of the buyer or, failing that, the names, addresses and telephone numbers of local organisations liable to help the consumer in case of difficulty, or failing that, the number allowing emergency contact with the seller;
    • b) For trips and stays abroad by persons under 18, a telephone number and address allowing direct contact with the child or responsible person at the place of stay.
20. The clause of cancellation and full reimbursement of the sum paid by the buyer in the case of failure to inform in compliance with the provisions of 14° of article R. 211-6.

Article R211-9
The buyer can transfer his or her contract to a transferee who satisfies the same conditions to make the trip or stay, as long as this contract has no effect.
Unless there is a more favourable stipulation for the assignor, the latter is required to inform the seller of his/her decision by registered letter with acknowledgement of receipt at the latest seven days before the start of the trip. When this is a cruise, this period is extended to a fortnight.
This transfer is, under no circumstances, subject to prior authorisation from the seller.

Article R211-10
When the contract includes the formal possibility of revising the price, within the deadline set out in article L. 211-13, it should mention the precise calculation methods, both with respect to an increase and a decrease, price variations and, in particular, the sum of transport costs and related taxes, the currency or currencies that can have an effect on the price of the trip or stay, the share of the price to which the variation applies, the rate of the currency or currencies chosen as the reference when drawing up the price featured on the contract

Article R211-11
When, before the departure of the buyer, the seller is forced to modify one of the essential elements of the contract such as a significant price increase, the buyer can, without prejudice to any legal action taken for reparation of any damages suffered, and after having been informed by the seller by registered letter with acknowledgement of receipt:

• either cancel the contract and obtain, without penalties, immediate refunding of the sums paid;
• or accept modification or the replacement trip proposed by the seller; a rider to the contract specifying the modifications made is signed by the parties; any price reduction shall be deducted from any outstanding sums owed by the buyer and, if the payment already been made by the latter exceeds the price of the modified service, the excess sum shall be restored before the departure date.

Article R211-12
In the case set out in article L. 211-15, when, before the departure of the buyer, the seller cancels the trip or stay, he/she should inform the buyer by registered letter with acknowledgement of receipt; the buyer can, without prejudice to any legal action taken for reparation of any damages suffered, obtain immediate refunding, without penalty, of the sums paid; the buyer receives, in this case, compensation at least equal to the penalty he/she would have had to pay had he cancelled on that date.
The provisions of the article hereof should under no circumstances hinder the conclusion of an amicable settlement aimed at getting the buyer to accept a replacement trip or stay proposed by the seller

Article R211-13
When, after the departure of the buyer, the seller finds it impossible to provide a major share of the services stipulated in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take all necessary steps, without prejudice to any legal action taken for reparation of any damages suffered:

• either propose services to replace those scheduled, covering any price supplement and, if the services accepted by the buyer are of inferior quality, the seller should refund the price difference, as soon as the buyer returns;
• or, if no replacement can be proposed or if refused by the buyer for valid reasons, the seller should provide the buyer, without a supplement, with the transport tickets to ensure his/her return in conditions judged to be equivalent towards the departure point or any other place accepted by both parties.

The terms of the present article are applicables in the case of the failure to inform in compliance with the provisions of 14° of article R.211-6.

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Specific Sales Conditions

General Information

French Privacy law
In accordance with article 27 of the law 78-17 with relation to computing, to files and the right to privacy, of the 6th January 1978, you are informed that all information is collected by Odalys, in order to make your booking and that for marketing reasons we may re-use this information or communicate it to a third party. In accordance with article 34 of the Law 78-17 you have right to access, rectify or oppose your personal details, by writing to Odalys Evasion - Avenue René Descartes - BP 412 - ZAC du Parc de la Duranne - 13591 AIX-EN-PROVENCE Cedex 3

Absence of the right of withdrawal
In accordance with article L121-20-4 of the Consumer Code, the right of withdrawal is not applicable to service providers in the fields of accommodation, transport, food and drink, or leisure activities due to be provided at a specific date or period.

Commercial offer
This present catalogue constitutes the pre-conditional offer in accordance with the articles R211-6 et R211-7 of the Code of Tourism. Odalys however reserves the right to modify certain services offered, according to the conditions set out in article R211-7 above.
The reservation of a stay and/or a trip implies that the present specific conditions are accepted. A printing error is always possible. The variations in economic conditions can lead to a modification of prices before the signing of the contract.
Your attention is drawn to the fact that the buildings, apartments and swimming pools are liable to look different when photos are taken with a wide-angle lens. Photos are only given by way of example and cannot be considered legally binding. Surface areas of villas, apartments, mobile-homes, bedrooms, swimming pools, etc. are approximations and given only as a rough estimation.
We cannot be held responsible for any road works or building work undertaken by the commune or by private individuals, near the sites rented out.

Reservation
A deposit by cheque, representing 25% of the total cost of your stay, and the full amount of insurance, if applicable, should be sent along with any booking. The remaining amount should be paid 30 days before departure, without any reminder on our part, failing which we may consider your booking to be cancelled, and may apply the appropriate cancellation fees. In the case of reservations made less than 30 days before the beginning of the stay, the full amount is required on reservation.
Most of our stays include 7 nights, from Saturday to Saturday. You are reminded that any accommodation, intended to be rented out to a certain number of people may not under any circumstances be used by a greater number.
The dates and prices of the stay are confirmed by e-mail after payment of the 25% deposit. After payment of the total cost of your stay, we will send you a voucher («bon de séjour») which includes all the necessary practical information. Payment made by credit card acts as a guarantee of reservation and insures the payment of the stay.

Our prices
Prices indicated are in euros. Payment of your stay is to be made in euros.
Our prices do not include : the tourist tax which is to be paid on the premises, and which differs according to the town concerned, the fixed charge per week or per stay for your pet, the deposit which is to be paid on arrival and given back to you on the day of departure, after inventory, any optional services, (eg. : television hire, bed or bathroom linen hire) or additional services such as end-of-stay cleaning.

Special offers
Under no circumstances can special offers and reductions have a retro-active effect.

Baby equipment
Where this option exists, you are strongly advised to reserve this in advance, directly at your Residence

Animals
Only certain of our establishments accept pets, sometimes under the condition of a fixed charge to be paid upon arrival at the residence. It is recommended that you contact the residence directly, to see if pets are accepted and to be informed of the conditions. They must not cause a nuisance to other clients (noise, hygiene, smell...). Animals are strictly prohibited around the swimming pools. Dangerous or aggressive animals, as well as "exotic pets" are not allowed. Please bring with you the animal's health record.

Leisure activities
The information concerning activities, as presented in the sections "Places to go" or "In the surroundings" or "The resort's attractions" are only mentioned by way of a guide. These activities are available at the resort or nearby and participation implies a supplementary cost.

Cleaning
Your villa, apartment or mobile-home should be given back perfectly clean and tidy. At most of our residences, there is the possibility of requesting end of stay cleaning at a supplementary charge, starting at 52 €, to be paid on the premises (with the exception of certain residences where the end of stay cleaning is obligatory)

Stay abroad
You must necessarily possess all the documents required by the regulations of the country visited: vaccinations, proof of identity, passport and insurance.

Children under the age of 18 travelling alone
In order to travel abroad, an unaccompanied minor must have an authorization signed by the parents.

Foreign nationals
Please obtain information from the consulates of each country as to visas that may be required. We are not responsible for those who do not comply with currently applicable regulations.

Air transport
You are informed of the times, the itineraries and the type of aircraft, which remain however subject to modification. Information as to the name of the transporter is to be given at least 8 days before the departure date or when the contract is signed, if this is less than 8 days before the departure (in the case of a charter flight, this information will be communicated in the form of a list). Flight delays are at times inevitable No compensation can however be made in the case of a delay, even in the case of the modification of the length of the programme originally envisaged. Departures and return journeys to Paris can be at either Orly or Roissy airports but no compensation or reimbursement of transport costs between the two airports can be made.
Our company cannot be held responsible for the failure of its clients to check in, as a result of inability to present valid travel documents or failure to respect the correct places and times.

Transfer of contract
If you transfer your contract, you should inform us by registered letter, with acknowledgement of receipt, 7 days at the latest before the beginning of your stay, indicating the personal details of the beneficiaries and ensure that they fulfil the conditions necessary to your particular stay.

Holiday Vouchers (Chèques-Vacances)
We wish to draw your attention to the fact that ODALYS is registered with the Agence Nationale pour les Chèques Vacances. We accept these vouchers in payment of holiday rentals in France or in European Union destinations. We advise you to send them to us correctly filled in, by registered letter.

Arrivals and departures
We wish to inform you that in most of our residences in France, arrivals are between 5pm and 8pm on Saturday and departure the following Saturday, before 10am. The villa, room, apartment or mobile-home should be perfectly clean and tidy on departure.

Cancellations and modifications
We require written confirmation for any cancellation or modification. In all cases a charge of 10€ will be retained for administration costs, plus the following amounts:

• 30 € cancellation charge, for a cancellation more than 30 days before departure.
• 25% of the total cost of the stay for a cancellation between 29 and 15 days before departure
• 75% of the total cost of the stay for a cancellation between 14 and 3 days before departure
• 100% of the total cost of the stay for a cancellation less than 3 days before departure or failure to appear on the arrival date.

No reimbursement can be made for any stay that is interrupted or shortened for any reason whatsoever.

Rules and regulations
To make life easier for all our holidaymakers, a copy of the rules and regulations is displayed in each apartment, room, villa or camp site; thank you for reading and respecting them.

Responsibility
We wish to bring to your attention the fact that, in accordance with the present ruling, the rental in a Tourist complex or villa does not come into the domain of the responsibility of hotelkeepers. Consequently Odalys cannot be held responsible for the loss, theft or deterioration of any personal belongings in our residences or villas, whether in the apartments, car parks or in communal parts of the building (ski lockers, bicycle sheds etc.).

We wish to remind you that you are responsible for the security of the apartment or villa during your stay and that you must be aptly ensured. Taking certain precautions might avoid you possible unpleasant consequences: close large windows before leaving your apartment, room or villa, don't forget to lock your door. You are reminded that Odalys cannot accept responsibility for any personal belongings left in your apartment, room, house or villa when vacating the premises.

Repatriation assistance, insurance against cancellation
Our prices do not include any travel insurance. This remains optional and will be offered when you make your booking. We offer you a double insurance with TMS Assurance who will bear the cancellation fees in the following cases:

• Accidents, illness or death of the insured party, of his spouse or partner, ascendants, and descendants with the exclusion of previously existing illnesses.
• Serious damages, requiring the insured party to be present on the day of departure, due to theft, fire or natural disaster.
• Redundancy of the insured party.

This insurance also offers the following guarantees by way of assistance:

• Repatriation of the members of the family or other accompanying parties, in the case of hospitalization or death.
• Medical costs up to a limit of 3811,23 €.
• Costs for search or assistance : up to a limit of 762,25 €.

Cost of this insurance :

• 20 € per accommodation rented in France or abroad.
• 15 € per person for hotel option in France or abroad.

Complaints
Any complaints concerning a trip or a stay, should be sent by registered letter, within 30 days following the stay, to the following address:
Odalys - 20, avenue de l'Opéra - 75001 PARIS

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Odalys Evasion - SAS with a capital of 7 500 €

Head office :
20 avenue de l'Opéra
75001 PARIS
Tel. +33 (0)1 58 56 56 56
Fax +33 (0)1 45 61 23 33

Aix en Provence office :
Avenue René Descartes
Parc de la Duranne - BP 412
13591 Aix en Provence Cedex 3
Tel. +33 (0)4 42 97 58 00
Fax +33 (0)4 42 97 58 01

Civil and Professional liability :
AGF Contract number : 41.602.034
Siren : 511 929 739
Guarantor : Association Professionnelle de Solidarité du Tourisme
License LI 075 09 0021