General terms and conditions of sale

Context

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

These General Terms and Conditions of Sale (GTC) apply exclusively to bookings made directly with Villa Balāo (telephone, email, website villabalao.com), supplemented by any specific conditions applicable to the booked rate. These GTC do not apply to bookings made through other sales channels, such as online booking platforms with payment, which have their own terms and conditions.

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. The Client is the person who book the Services, and where applicable, who represents and acts on behalf of the persons mentioned in the reservation.

By making a reservation, the Client :

• acknowledges having been informed of all the essential characteristics of the desired services (price, description, conditions);
• acknowledges accepting all applicable conditions;
• declares acting for their own personal needs;
• agrees to provide the necessary personal information and consents to its processing;
• declares having full legal capacity to enter into a contract;
• accepts contractual financial responsibility.

Services

Offers presented by Villa Balāo are subject to availability. Villa Balāo may modify its Services, their features, prices, and conditions at any time. Villa Balāo strives to describe the Services offered as accurately as possible and to present visuals that are as close to reality as possible. Some Services may be temporarily unavailable (maintenance, weather, etc.) without the Client being entitled to any compensation or refund.

The “Bed and Breakfast” (Chambre d’hôtes) accommodation service is provided in accordance with the provisions of Articles L 324-3, D. 324-13 and D. 324-14 of the French Tourism Code. The price of the service is indicated per room per night according to the dates and options chosen.

Additional services may be offered on an optional basis, subject to Villa Balāo’s availability. Villa Balāo indicates the availability, offer, and prices of these additional services. Any service booked and/or not used due to a no-show, or canceled on the day of your booking, will be charged in full.

Length of stay

Accommodation reservations are for a minimum of one night, a maximum of 30 consecutive nights, and a maximum of three rooms. Certain special events or periods may require a minimum stay of several nights. Stays are for a fixed term. After the reserved period, no right to remain on the premises can be claimed under any circumstances.

Check-in

In case of early or late arrival, the Client agrees to notify Villa Balāo. The rented accommodation is available from 4:00 PM. Arrival is possible until 7:00 PM, unless otherwise agreed. Early occupancy between 12:00 PM (noon) and 4:00 PM is possible upon request for an additional fee, subject to availability and not guaranteed. Before 12:00 PM (noon), the previous night’s stay will be charged.

Check-out

The rented accommodation must be vacated by 11:00 AM on the last day of the reservation, unless otherwise agreed. An inspection may be carried out before departure. Late check-out until 3:00 PM is possible upon request for an additional fee, subject to availability and not guaranteed. After 4:00 PM, an additional night’s stay will be charged.

At the end of the stay, if applicable, the Client pays the remaining balance due, and any additional charges.

In case of forgetfulness at the end of the stay, personal belongings can be sent to the Client, upon request, at their own risk and expense.

Inventory

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

Accommodation capacity

The reservation is made for a specific number of people. The maximum occupancy per room is 2 people. Villa Balāo reserves the right to refuse entry to any additional person or to adjust the reservation and apply additional charges.

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.

Customer Form

Valid 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 reserves the right to refuse entry to the Client without this being considered a modification or breach of contract by Villa Balāo. If the Client decides not to stay, this will constitute a cancellation of their stay, no refund will be issued, and the full amount of the reservation will remain with Villa Balāo.

In accordance with Article R.611-42 of the French Code on the Entry and Residence of Foreigners and the Right of Asylum, foreign clients over the age of 15 must complete an individual police registration form, also known as a “Customer Form”. Villa Balāo is authorized to pre-fill this form and submit it to the client for verification and signature.

No-show

If, after the arrival deadline of 9:00 PM, the Client does not contact Villa Balāo (by phone, email, text message, etc.), this may be considered a cancellation, and Villa Balāo will be free to re-let the accommodation. If the reservation was guaranteed by credit card or prepaid card, Villa Balāo may charge compensation equal to the total amount of the reservation. Payments already made are non-refundable, and the remaining balance of the reservation price remains due. If the Client arrives on the same day between 9:00 PM and midnight without prior notice, compensation equal to the price of the first night will still be due. In the event of an unforeseen late arrival, the meal services included in the reservation may be reduced or canceled without the Client being entitled to any compensation or refund.

Interruption of stay

In the event of an interruption of stay by the Client, for whatever reason, all sums paid remain due and the balance of the stay price remains payable; no refund will be granted. Villa Balāo cannot be held liable for any costs, expenses, or damages incurred by the Client in the event of an interruption of stay by the Client.

Should Villa Balāo be unable to maintain the accommodation available to the Client, Villa Balāo may offer an equivalent or superior alternative accommodation. The Client may also choose to request an early departure, in which case an immediate refund will be issued, prorated to the remaining duration of the stay.

Change of accommodation

Without the Client being entitled to any compensation, Villa Balāo reserves the right to change the initially booked accommodation to equivalent or superior accommodation. In such a case, the cost of the reservation remains unchanged.

Rules of stay

Villa Balāo is not equipped or suitable for persons under 16 years of age. The Client agrees to stay in accordance with Villa Balāo’s house rules. The Client agrees to return the rented accommodation in perfect condition. Villa Balāo is non-smoking, except in designated smoking areas. Penalties equal to the nightly rate may be applied for violations. Pets are not allowed. If the Client departs due to the refusal of their pet, no refund will be given. The Client agrees to promptly report any damage for which they are responsible to Villa Balāo and to assume full responsibility for it. The Client agrees to use the provided Wi-Fi internet connection responsibly, in particular by refraining from any illegal activity. The Client agrees not to bring food or beverages from outside into Villa Balāo or have them delivered for consumption on the premises. The rented accommodation excludes any professional, commercial, or artisanal activity of any kind. Subletting is prohibited, even free of charge. The Client agrees to stay in a reasonable manner. It is strictly forbidden to bring any illicit and/or dangerous objects or substances into Villa Balāo. The Client agrees, in general, not to engage in any behavior that could cause any type of disturbance, harm, or risk to other Clients, residents, and/or employees, and/or to the neighborhood, and/or to 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 consumed or ordered, will remain due. The Client may also be refused any future bookings.

Security

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

Cleaning — Damage

A cleaning service for the rented accommodation is included in the price. However, should the condition of the rented accommodation require unusual cleaning beyond normal and reasonable maintenance, Villa Balāo may charge an enhanced cleaning fee. For any damage or loss resulting from the Client’s actions or negligence, regardless of its extent, including damage discovered after the Client’s departure (within 8 days), Villa Balāo may charge the Client for repair, restoration, or replacement costs, as well as any additional costs related to the downtime of the accommodation or equipment during this restoration period. Villa Balāo may use the security deposit registered by the Client to invoice for these costs. Villa Balāo has the right to freely access the rented accommodation to check its condition and to carry out maintenance and replacement of linens and towels.

Confidentiality

Villa Balāo undertakes not to disclose any personal or confidential information that the Client may have revealed to it during the booking or stay, except as required by law.

The client is prohibited from taking any photographs of other people present or from disclosing personal or confidential information about them, except with the express agreement of the people concerned.

Price

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, such as online booking platforms with payment. Prices are quoted in Euros, inclusive of all taxes (VAT included), and include the 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 local tourist tax, which is payable separately. Booked 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 prices throughout the year.

Taxes

A local tourist tax is applied in addition to the accommodation price, payable on site, unless this amount 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.

Booking process

Reservations are made directly with Villa Balāo, either on the website VillaBalao.com, by email, or by telephone. The Client may freely browse the available Services without obligation to purchase. The Client selects the Service that interests them based on their needs, and, if applicable, any desired options or additional services. The Client is then presented with a summary of the reservation request, the total price, the specific conditions applicable to the selected rate (including booking and cancellation policies), and information regarding the tourist tax. The Client enters the necessary information, verifies the reservation details, and checks the total amount. The Client may correct any errors before submitting the reservation request. The Client reviews and accepts the general terms and conditions of sale, and then submits the reservation request. Once the reservation is submitted, the Client receives an email confirmation with a summary of their reservation request. If the booking confirmation email is not received within 24 hours, the Client must contact Villa Balāo to verify the information provided and confirm that their booking request has been received. If payment or a guarantee is not registered, the booking will remain at the request stage without confirmation and will expire 5 days after notification of the payment or guarantee request. The Client is solely responsible for their choices and their suitability for their personal needs. All bookings are nominative and non-transferable. 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 delays or non-execution of the booking. Villa Balāo reserves the right to refuse, suspend, or cancel any booking for legitimate reasons or due to force majeure. Villa Balāo reserves the right to apply processing or booking fees.

Booking confirmation

When a booking request is registered, the Client receives by email or message (i) an acknowledgment of receipt of their request and instructions on how to make their payment or register their guarantee, (ii) and/or a booking confirmation message if the payment or guarantee has been registered. The payment or guarantee must be registered by the specified deadline. Otherwise, the booking request will be void. The booking will only be guaranteed upon receipt of (a) either a deposit or down payment, (b) or a guarantee (security deposit or authorization to debit a registered credit card). The booking will be firm and final upon receipt of the confirmation sent to the Client by Villa Balāo. Failure to provide a guarantee or make payment, including any interim payment by the due date, will be considered a cancellation by the Client.

Booking irregularity

Any reservation or payment that is irregular, invalid, incomplete, or fraudulent for a reason attributable to the Client will result in the cancellation of the reservation, without prejudice to any civil or criminal action against the Client. Villa Balāo reserves the right to apply processing or cancellation fees.

Reservation modification

The specific terms and conditions applicable to the reserved rate detail the conditions for modifying this reservation. Any modification request must be made as soon as possible and confirmed in writing (email, letter). When a modification is possible, such as a change of dates, accommodation category, and/or the addition or removal of ancillary services, the total price will be adjusted accordingly. In such cases, an additional deposit or prepayment may be required. Villa Balāo reserves the right to accept or refuse any reservation modification request. Villa Balāo also reserves the right to apply processing or modification fees.

Cancellation by the Customer

The specific terms and conditions applicable to the reserved rate detail the cancellation policy. Any cancellation request must be made as soon as possible and confirmed in writing (email or letter). For non-refundable rates, no refunds will be issued, regardless of the date of the cancellation request. Any remaining balance will be deducted from the registered guarantee. For refundable rates, Villa Balāo will process the refund within 30 days of receiving the refund notification. Villa Balāo reserves the right to apply cancellation fees up to the total amount of the reservation, provided a guarantee has been obtained or full prepayment has been made; otherwise, deposits and payments will be retained by Villa Balāo. Deposits (advance payments) are non-refundable. Furthermore, in the event of cancellation, Villa Balāo may make the cancelled accommodation available to other guests.

Cancellation by Villa Balāo

If Villa Balāo has to cancel a valid reservation before the start of the stay, the Client will be notified as soon as possible and offered equivalent or superior alternative accommodation. The Client may choose a refund, in which case they will be entitled to (i) either compensation equal to the amount of the deposit paid plus the refund, or (ii) double the deposit paid. Villa Balāo will send the corresponding amounts to the Client within 15 days of receiving the cancellation notification.

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 accommodation services which must be provided on a specific date or during a specific period.

Payment

The specific terms and conditions applicable to the reserved rate detail the payment and guarantee methods. Accepted payment methods are: bank transfer (instant in € only), credit card (CB, Visa, Mastercard, American Express, Maestro, international cards), and cash (in Euros, subject to legal limits). For cash payments upon arrival, a security deposit or guarantee may be required at the time of booking. Transaction fees may apply to payments made by credit card or any other payment method. Transfer fees are the sole responsibility of the sender. Bank checks, holiday vouchers, restaurant vouchers, and specific payment cards are not accepted. Upon arrival, the Client may be required to present the credit card used to guarantee the reservation or make the prepayment. If the Client has not paid the full price at the time of booking, the balance must be paid upon arrival. Reserved services, whether used or not, will be billed. The Client makes payments according to the schedule set by Villa Balāo. For stays of 7 nights or more, the Client pays a weekly interim deposit for the Services provided up to that date. If the Client’s payment is made in a currency other than the Euro, all transfer and exchange fees will be borne by the Client.

Credit card imprint / Warranty

As a guarantee upon booking or arrival, Villa Balāo records bank details (credit card imprint with a valid number) with pre-authorization for the full value of the reserved services. A flat fee of 50 euros per person per day may be added to cover any extras consumed on-site. This guarantee may be required for any third-party guests. The Client consents to the debiting of the payment method recorded as a guarantee.

Billing

Villa Balāo prepares a final invoice and provides it to the Client. The invoice is sent electronically to the email address provided by the Client; a paper copy is available upon request. Villa Balāo may issue an interim invoice during the stay for any extras consumed.

Confinement

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 for a future stay or a refund of the deposit paid. In the context of a health crisis, natural/technological risks, or any other exceptional circumstances in which the authorities impose restrictions or prohibit the total or partial operation of certain Services, Villa Balāo cannot be held liable. In this case, the Client will not be entitled to any refund or discount.

Insurance — Liabilities

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

Villa Balāo declines all responsibility for accidents or damage to vehicles that may occur on the premises, in the parking lot, or during access to or exit from the premises. Villa Balāo declines all responsibility for personal injury resulting from failure to comply with safety rules, particularly in areas not intended for the use of the Guest. Villa Balāo declines all responsibility for damage, loss, or theft of the Guest’s personal belongings not secured by the Guest. Villa Balāo confirms that it is covered by liability insurance for its bed and breakfast business.

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 force majeure event. Force majeure or fortuitous events are defined as those typically recognized by Article 1218 of the French Civil Code and the jurisprudence of French courts. Events of personal convenience are not considered force majeure events.

Complaints

Villa Balāo remains at the Client’s disposal for any questions or complaints before, during, and after their stay. If necessary, the Client must submit any complaints as soon as possible and confirm them in writing (email or letter) 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 both quantity and quality.

Disputes

An amicable settlement of a dispute is always the preferred solution. Failing that, the Customer has the option of resorting to conventional mediation or any other procedure. If the Customer believes they have not received a satisfactory resolution to their complaint and resides in an EU Member State, they can also access the European Commission’s online dispute resolution (ODR) platform at ec.europa.eu/consumers/odr/.

General Provisions

The latest version of the General 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 remaining 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 guidance purposes only; in the event of any conflict between these headings and their content, the content shall prevail. Villa Balāo’s failure to enforce any of these provisions at any given time shall not be construed as a waiver of its right to enforce 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 be considered valid.

GDPR

In order to register your reservation, process your invoice, respond to customer inquiries, and maintain customer relations, Villa Balāo requests strictly necessary information. This primarily includes your identity, postal, telephone, or email contact details, date of birth to verify your age, payment card details for payment and invoicing, and any other information you provide that is useful for your stay. Some information requested in the forms is mandatory and is clearly indicated. Choosing not to provide this information will prevent your request from being processed properly. This information is processed based on legitimate interest and 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 your explicit consent to send newsletters or promotional offers. The data collected is strictly for Villa Balāo’s use and is processed for the intended purposes. It is retained for the duration of the business relationship and for the legally required retention 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 customer may request to 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 / Contact form on the website. You have the right to lodge a complaint with a supervisory authority, such as the CNIL in France (www.cnil.fr), if you consider that the processing of personal data concerning you is not compliant.