General terms and conditions of sale

Context

Villa Balāo offers overnight room rentals for tourist stays, as well as additional services. Villa Balāo is a private residence and is not open to the public; it is neither an hotel, nor a guesthouse, nor a furnished tourist rental.

These General Terms and Conditions of Sale (GTC) apply to bookings made directly with Villa Balāo (villabalao.com). These conditions apply to the exclusion of all other conditions, including those applicable to other sales channels.

Villa Balāo refers to the establishment located at 1220 avenue des Hespérides, 34540 Balaruc-les-Bains, France, registered under number 498 947 555 00039 with the Montpellier Trade and Companies Register (RCS), reachable by telephone at +33 7 60 80 60 40 or by email at contact@villabalao.com. The Client is the person who makes the reservation for the Services and, where applicable, who represents and acts on behalf of, and in the name of, the persons mentioned in the reservation.

By making a reservation, the Client acknowledges having read and accepted these General Terms and Conditions; acknowledges having read the essential characteristics of the desired services (price, description, conditions); has read and accepted the applicable specific conditions; declares that they are acting for their own personal needs; agrees to provide the necessary personal information and consents to its processing; and declares that they have full legal capacity to enter into a contract ; accepts contractual financial responsibility.

Booking Process

The Client may freely browse the available offers. The Client is solely responsible for their choices and their suitability to their personal needs. The Client must provide mandatory information for the proper processing of their booking. The Client must ensure that this information is correct; otherwise, Villa Balāo cannot be held responsible for any delay or non-execution of the booking. All bookings are non-transferable.

If the Client wishes to make a booking, they should proceed as follows: (1) Select the offer that interests them. (2) Select any desired options and additional services. (3) Review the summary of their selections, the total price, and the specific conditions applicable to the selected rate, including payment and cancellation terms, and information regarding applicable taxes; modify the selections if necessary. (4) Provide their contact information. (5) Select the payment method and, if applicable, enter their credit card details in the event of a guarantee or prepayment request. (6) Review and accept the General Terms and Conditions and the specific conditions of the selected rate before confirming your booking on the website. (7) Booking registration. (8) Receipt of an acknowledgment with a booking summary.

If no notification is received, the Client should contact Villa Balāo directly to confirm that their booking request has been received.

If no prepayment or guarantee is registered, the booking will remain at the request stage without confirmation and, if applicable, will lapse after a reasonable period.

Villa Balāo reserves the right to refuse, suspend, or cancel any booking for legitimate reasons.

Booking Confirmation

Villa Balāo confirms the booking by sending a message (email, email) to the Client after receiving a prepayment or a guarantee.

Payment, including any scheduled interim payments, or the guarantee must be received by the due date. Otherwise, the booking will be void and constitute a cancellation by the Client.

Any booking, payment, or guarantee that is irregular, invalid, incomplete, or fraudulent for a reason attributable to the Client will result in the cancellation of the booking, without prejudice to any civil or criminal action against the Client.

Right of withdrawal

The right of withdrawal provided for in Article L. 221-18 of the Consumer Code, and in accordance with Article L. 221-28 paragraph 12 of the Consumer Code, does not apply to contracts relating to services which must be provided on a specific date or during a specific period.

Reservation Modification

All modification requests must be made as soon as possible and in writing (email, letter, messaging). Villa Balāo will acknowledge receipt of the modification request. Villa Balāo reserves the right to accept or refuse any reservation modification request. The modification is effective upon confirmation by Villa Balāo. Modification fees may apply.

The specific terms and conditions applicable to the reserved rate detail the conditions for modifying this reservation.

For a non-modifiable, non-refundable rate, no modification or refund will be possible.

For a modifiable rate, if a modification is possible, the total price may be adjusted upwards or downwards. If the total price is increased, an additional prepayment may be required, and the security deposit limit may be increased. If the prepayment already made exceeds the new total price, a refund will be issued at the end of the stay, less any additional expenses and charges.

Cancellation by the Client

All cancellation requests must be made as soon as possible and in writing (email, letter, messaging). Villa Balāo will acknowledge receipt of this cancellation request.

The specific terms and conditions applicable to the reserved rate detail the cancellation conditions for this reservation.

For a non-refundable rate, cancellation fees of up to 100% of the total reservation price will apply, provided that a guarantee has been obtained or full prepayment has been made; otherwise, the sums paid will remain the property of Villa Balāo. Deposits are non-refundable.

For a refundable rate, Villa Balāo will process the refund no later than 7 days from the date of cancellation confirmation. In the event of late cancellation (outside the deadline), the total price of the reservation will be charged.

For any cancellation less than 24 hours before the scheduled arrival date, for any reason whatsoever, a cancellation fee equal to the full price of the first night will apply.

In the event of a cancellation, Villa Balāo reserves the right to make the room available to other guests.

Cancellation by Villa Balāo

If Villa Balāo cancels the reservation, the Client will be notified as soon as possible and offered an equivalent or, where possible, superior alternative.

If the Client has prepaid for this reservation, they may choose a refund. The Client will be entitled to compensation equal to (i) either the amount of the deposit paid plus the refunded deposit, or (ii) twice the amount of the deposit paid, as deposits are non-refundable.

In the absence of prepayment, no refund or compensation will apply.

Delays

Any delay must be reported as soon as possible.

In the event of late arrival after 9:00 PM and without prior notification from the Client, a fee equal to the price of the first night will be charged.

In the event of an unforeseen late arrival, optional services included in the reservation may be reduced or canceled without the Client being entitled to any compensation or refund.

No-show

In the event of a no-show, meaning when the Client fails to arrive on the scheduled arrival date without having cancelled their reservation, this will be considered as a late cancellation by the Client. Villa Balāo may make the unoccupied room available to other guests. Cancellation fees of up to 100% of the total reservation price will apply. If the reservation has been guaranteed or prepaid, the full reservation price will be charged; otherwise, the sums paid will be retained, and the remaining balance of the reservation price will remain due.

Interruption of Stay

In the event of early departure or interruption of the stay by the Client for any reason whatsoever, including behavior contrary to the rules of the stay, the total price of the reservation will be charged, provided the reservation was guaranteed or prepaid in full. Otherwise, the sums paid will remain the property of Villa Balāo and the balance of the reservation price will remain due. No refund will be given. Villa Balāo will not be held liable for any costs, expenses, or damages incurred by the Client in the event of an interruption of stay by the Client. Villa Balāo may make the vacant room available to other guests.

Room Change

Villa Balāo reserves the right to change the initially booked room to an equivalent or superior room, without the Client being entitled to any compensation. In such a case, the price of the reservation remains unchanged.

Prices

Prices are communicated before and during the booking process. The applicable prices are those available at the time of booking and may differ from prices offered through other sales channels. Prices are determined through careful pricing management. They may therefore depend on several factors, including (but not limited to): the booking date, the dates of stay, and the time between these two dates. Prices are quoted in Euros and include Value Added Tax (VAT) applicable on the day of booking. The total amount shown includes the price of the booked services, any applicable discounts or surcharges, and applicable taxes, with the exception of the tourist tax, which is payable separately unless the booked price includes this tax. Prices are fixed and non-negotiable during their validity period. Prices are not negotiable after booking confirmation. Promotional offers cannot be combined. Villa Balāo reserves the right to change its prices during the year.

Taxes

A tourist tax is collected in addition to the accommodation price for the benefit of the local community. It is payable on site, unless it has already been included in a prepayment.

Any changes to taxes, or the introduction of new legal or regulatory taxes imposed by the authorities, will be reflected in the prices shown on the invoice date.

Payment

The Client makes payments according to the schedule set by Villa Balāo. Depending on the amount spent or for stays of 7 nights or more, Villa Balāo may request interim payments.

If the full price has not been paid at the time of booking, the balance must be paid upon arrival, and at the latest by the end of the stay.

Transaction and exchange fees are the sole responsibility of the Client.

Accepted payment methods are: bank transfer (instant in Euros only), credit card (Visa, MasterCard, American Express, international cards), and cash (in Euros, subject to legal limits). For cash payments upon arrival, a guarantee may be requested at the time of booking. All other payment methods are not accepted. Currencies other than the Euro are not accepted.

Pre-authorization / Guarantee

As a guarantee, a credit card imprint with a valid number is registered upon booking or arrival (secure third-party payment processor – Stripe), with pre-authorization for the full value of the reserved services and a reasonable fixed amount to cover any potential on-site consumption or expenses incurred by the Client. The Client consents to the debiting of the payment method registered as a guarantee. If the payment method registered as a guarantee becomes invalid or expires before or during the stay, Villa Balāo may request a new, valid guarantee.

Billing

Villa Balāo issues a final invoice and provides it to the Client at the end of their stay. Villa Balāo may also send an interim invoice during the stay. The invoice is sent electronically to the email address provided by the Client, or in paper format.

Guest Registration Form

A valid form of identification may be requested upon arrival, particularly for security reasons and to ensure that the person present matches the person registered at the time of booking. Otherwise, Villa Balāo may refuse the guest access without this being considered a modification or breach of contract by Villa Balāo.

In accordance with the French Code on the Entry and Residence of Foreigners and the Right of Asylum (CESEDA), articles R814-1 to R814-3, foreign guests must complete an “individual police registration form.” Villa Balāo is authorized to pre-fill this form and submit it to the guest for verification and signature.

Length of Stay

The stay is for a fixed period. After the reserved period, no right to remain on the premises can be claimed under any circumstances.

Certain special events or periods may require a minimum stay of several nights.

Arrival

In case of delay or early arrival, the Client agrees to notify Villa Balāo to ensure the most pleasant welcome experience.

The rented room is available from 4:00 PM. Arrival is possible until 7:00 PM, unless otherwise agreed. Upon request and subject to availability, the room can be occupied earlier between 12:00 PM (noon) and 4:00 PM; in this case, a fee may apply. For arrivals before 12:00 PM (noon), the previous night’s stay will be charged.

Departure

The rented room must be vacated by 11:00 AM on the last day of the reservation, unless otherwise agreed. A check may be carried out before departure. Upon request and subject to availability, the room can be vacated until 3:00 PM; in this case, a fee may apply. After 4:00 PM, the following night will be charged.

Before departure, the Client must pay the remaining balance and any additional charges.

If personal belongings are left behind at the end of the stay, they can be sent to the Client upon request, at their own risk and expense.

Check-in/Check-out Inventory

The Client must report any anomalies observed upon arrival in the room. Otherwise, the rented room will be considered free of anomalies upon the Client’s arrival. The Client agrees to return the rented room in perfect condition. If necessary, at the end of the stay, any missing or damaged equipment or items will be charged.

Guests/Visitors

The Client may not receive any third parties on the premises without the prior consent of Villa Balāo. Any visitors will be the responsibility of the Client, who must ensure that they comply with the house rules and these Terms and Conditions. Villa Balāo may charge visitors a daily rate for the use of the establishment’s facilities, as well as any extras.

Rules of Stay

By making a reservation, the Client agrees to abide by the house rules of Villa Balāo and to conduct themselves in a reasonable and respectful manner. The Client agrees, in general, not to engage in any behavior that could cause any type of disturbance, harm, or risk to other resident and/or employee Guests, and/or the neighborhood, and/or the reputation of Villa Balāo. Failure to comply may result in the Client being asked to leave the premises immediately and without any compensation or refund. The full price of the stay as booked, and of any services ordered, will remain due. The Client may also be refused any future reservations.

The Client must use the free Wi-Fi internet connection responsibly, in particular by refraining from any illegal activity or actions that infringe on intellectual property rights.

The Client agrees not to bring into Villa Balāo, or have delivered for consumption on the premises, any food, drinks, or alcohol from outside the premises. In the event of food and beverage coming from outside and consumed on the premises, a corkage fee and/or a cutlery charge may be applied.

The rented room excludes any professional, commercial, or artisanal activity, with the exception of individual teleworking or seminars occupying all the rooms at Villa Balāo.

Subletting is prohibited, even free of charge.

It is strictly forbidden to bring any illicit and/or dangerous objects or substances into Villa Balāo.

Villa Balāo is not equipped or suitable for children under 16 years of age due to the layout of the premises.

Villa Balāo does not accept pets.

Villa Balāo is non-smoking, except in designated smoking areas. Penalties equal to the nightly rate may be applied for violations. Villa Balāo has the right of free access to the rented room in order to check its condition, carry out maintenance and renewal of household and bath linen.

Safety

For everyone’s safety, Villa Balāo is under video surveillance in the common areas and outdoors. The Guest agrees to comply with the safety instructions and guidelines. The swimming pool and spa are unsupervised; their use is always at the Guest’s sole and entire risk. In case of a serious and immediate emergency, the Guest must notify the emergency services.

Damage

The Guest agrees to promptly report any damage for which they are responsible to Villa Balāo and assume full responsibility.

For any damage resulting from the Guest’s actions or negligence, regardless of its extent, including damage discovered after the Guest’s departure (within 7 days), Villa Balāo may charge the Guest for repair, restoration, or replacement costs, as well as any additional costs related to the downtime of the room or the property’s equipment during this restoration period. Villa Balāo may use the Guest’s insurance policy to bill for these costs.

Confidentiality

Villa Balāo undertakes not to disclose any personal or confidential information that the Client may have revealed during the booking process or their stay, except with the Client’s explicit consent and subject to legal requirements.

The Client is prohibited from taking any photographs of other people present or disclosing any personal or confidential information concerning them, except with the express consent of the individuals concerned.

Insurance — Liability

Villa Balāo does not offer holiday/travel/stay insurance. Clients are free to purchase insurance (cancellation, interruption, delayed arrival, civil liability, health risks, etc.) that meets their needs from a specialized provider. Clients confirm they are covered by a civil liability insurance policy with a “holiday rental” clause. Clients are responsible for any damage or loss caused by their actions or negligence.

In the event that a client is involved in an accident or if any of their personal belongings are damaged, lost, or stolen, they are asked to inform Villa Balāo immediately or before the end of their stay. Villa Balāo accepts no liability for accidents or damage to vehicles that may occur on the property, in the parking lot, or during access to or exit from the property. Villa Balāo declines all responsibility for personal injury resulting from failure to comply with safety rules, particularly in areas not intended for the Client’s use. Villa Balāo declines all responsibility for damage, loss, or theft of the Client’s personal belongings not secured by the Client. Villa Balāo confirms that it is covered by liability insurance for its bed and breakfast business.

Lockdown

In the event of a lockdown imposed by the authorities, preventing all travel for the planned stay, Villa Balāo may offer the Client a credit note or a refund of the sums paid.

Force Majeure

Events of force majeure or fortuitous events are those typically recognized by Article 1218 of the French Civil Code and the jurisprudence of French courts, such as, but not limited to: natural disasters, epidemics, armed conflicts, decisions of public authorities, and sophisticated cyberattacks. Events of personal convenience are not considered events of force majeure. Villa Balāo and the Client shall not be held liable to each other for any failure to perform their respective obligations resulting from a case of force majeure. The party invoking force majeure shall notify the other party in writing as soon as it occurs. Force majeure suspends the performance of reciprocal obligations until it ceases. However, if force majeure makes it impossible to resume performance of the contract within a reasonable timeframe, the parties shall consult to discuss a modification of the contract. If discussions fail within two (2) days of the occurrence of the force majeure event, the contract will be automatically terminated, without either party being entitled to compensation or damages. In the event of termination, the Client agrees to pay Villa Balāo for any outstanding services rendered up to the date of termination, and Villa Balāo agrees to reimburse the Client for any sums paid, less the cost of any services already provided.

Complaints

Villa Balāo remains available to the Client for any questions or complaints before, during, and after their stay. If necessary, the Client must submit any complaint as soon as possible and confirm it in writing (email, letter, or message) no later than 8 days after the end of their stay, attaching any relevant supporting documents. Otherwise, the Services will be deemed to conform to the reservation or order, in terms of quantity and quality.

Disputes

The amicable settlement of a dispute is always the preferred solution. Failing that, the Client may resort to conventional mediation or any other procedure. French Clients can use the SignalConso service at https://signal.conso.gouv.fr/fr/voyage-loisirs. If the Client resides in an EU Member State, they can find information on EU consumer redress mechanisms at https://consumer-redress.ec.europa.eu.

General provisions

Villa Balāo reserves the right to modify all or part of these Terms and Conditions at any time. In this case, the new version of the Terms and Conditions will be available on the Website with its effective date. The latest version of the Terms and Conditions in effect at the time of booking always applies. The conditions applicable to the Services are governed by and construed in accordance with French law, pursuant to Regulation (EC) No 593/2008 of 17 June 2008, without prejudice to any mandatory protective provisions that may apply in the country of residence of the European Client. Should any provision of these Terms and Conditions be declared invalid, inapplicable, or unenforceable by any competent court, the other provisions shall remain valid, applicable, and enforceable unless otherwise ordered by said court. The failure of either party to enforce any right or breach by the other party shall not constitute a waiver of that right or breach in the future. Any waiver shall only be enforceable if it is made in writing by the party making the waiver to the other party. The headings of the clauses are for convenience only; in the event of any conflict between these headings and their content, the content shall prevail. The fact that Villa Balāo does not invoke any of the provisions herein at any given time shall not be construed as a waiver of its right to invoke them subsequently. For convenience, a translation of the general terms and conditions is provided in another language. However, in the event of a dispute, only the French text shall prevail.

BLOCTEL System

In accordance with Article L.223-2 of the French Consumer Code: The Customer has the right to register on the telephone marketing opt-out list available via the following link: https://www.bloctel.gouv.fr/

GDPR

In order to register the reservation, process the invoice, respond to the Customer’s requests, or maintain the relationship with the Customer, Villa Balāo requests strictly necessary information. This mainly includes identity, postal, telephone, or email contact details, date of birth to verify the required age, payment card details for payment and invoicing, as well as any other data provided that is useful for the stay. Some information requested in the forms is mandatory and is indicated. By choosing not to provide this information, the request cannot be processed properly. The information is processed for legitimate interest and for contractual necessity. Other information is required to comply with legal obligations, particularly for tourists of nationalities other than French. Data such as email addresses are processed with explicit consent to send newsletters or communicate promotional offers. The data collected is strictly for Villa Balāo’s use and processed for the intended purposes. It is retained for the duration of the business relationship and for the legally required period. It is kept confidential. This information is not shared with third parties except with explicit consent. Necessary information is shared with entities that perform legitimate processing, such as booking or payment processing managers. Some of these entities may be located outside the European Union. In accordance with the GDPR, the Client may exercise their rights at any time: the right to request access to their personal data, the right to rectification, the right to erasure (right to be forgotten), the right to restriction of processing, the right to data portability, and the right to object to processing. For any request relating to the exercise of your rights, please contact us at the following address: Villa Balāo – 1220 avenue des Hespérides — 34540 Balaruc-les-Bains, France / Tel: +33 7 60 80 60 40 / contact@villabalao.com / Website contact form. You have the right to lodge a complaint with a supervisory authority, such as the CNIL in France (www.cnil.fr), if you believe that the processing of your personal data is not compliant.