General Terms and Conditions

Article 1 - Introductory Provisions
1.1 FranceVilla, in the course of its business, mediates in the establishment of rental agreements between tenants and owners/landlords of accommodations. FranceVilla is authorized to do so by the owners/landlords or their on-site manager.
1.2 FranceVilla establishes a rental agreement between the tenant and the landlord and is not a party to the final agreement.
1.3 If you book a holiday home through FranceVilla, you agree to the provisions of these General Terms and Conditions and the General House Rules (Article 8), unless otherwise agreed in writing. In addition, the specific (house) rules of the owner/landlord of the accommodation, which are made available on-site, apply.

Article 2 - Definitions
In these General Terms and Conditions, the following terms shall have the following meanings:
2.1 FranceVilla: FranceVilla, part of Duomar Villas B.V., registered with the Chamber of Commerce (KvK) under number 94792755 and located at Schiebroekselaan 73-A, 3037 RL, Rotterdam.
2.2 Accommodation: A holiday home offered for rent by FranceVilla on behalf of the owner, intended for recreational use.
2.3 Rental Agreement: An agreement between the owner and renter of an accommodation offered for rent by FranceVilla, in which FranceVilla acts as an intermediary.
2.4 Renter/guest/tenant: The person who rents or intends to rent an accommodation from FranceVilla's offering.
2.5 Co-renter/guest/tenant: The person traveling with the renter and using the rented accommodation.
2.6 Owner/landlord: The rightful owner(s) (or their representative) of the accommodation offered for rent.
2.7 Manager: A contact person designated by the owner who performs management tasks on the owner's behalf.
2.8 Rental Amount: The basic rental price of the accommodation.
2.9 Total Amount: The rental amount plus any other amounts owed to the owner/landlord or to FranceVilla.
2.10 Written Communication/Notification: Messages sent by both post and email.

Article 3 - Applicability of General Terms and Conditions / (Revocation of) Offers
3.1 These General Terms and Conditions apply to all offers (whether or not via the website), quotes, agreements, and services provided by, with, by, and through FranceVilla. Deviating terms and conditions are only applicable after express written acceptance by FranceVilla. Verbal agreements and/or commitments from FranceVilla employees are only valid if confirmed in writing by FranceVilla.
3.2 The information and photos about the accommodation on the website are compiled under the responsibility of the owner/landlord. Sometimes the information and/or photos may differ slightly from the actual status (for example, the pool may not yet be open or heated in April or October, or the furnishings may have been modified). If the tenant has essential requirements that the accommodation must meet, the tenant must verify these with FranceVilla prior to concluding the agreement. Any reviews/ratings are prepared by third parties and reflect their opinion. FranceVilla is not liable for incorrect or outdated information provided on the website.
3.3 FranceVilla's offer is non-binding and may be revoked by them if necessary. Revocation due to correction of errors in the rental calculation or other errors is permitted. The revocation will be announced as soon as possible after notification, after which FranceVilla will, if possible, make an alternative offer to the tenant.

Article 4 - Nature of the agreement / provision of information
4.1 FranceVilla mediates in the conclusion of a rental agreement between the owner and the tenant and is expressly not a party to this rental agreement. Rental agreements are concluded between the tenant and the owner. The owner/landlord is liable to FranceVilla for the obligations arising from the mediation and to the owner/landlord for the obligations arising from the rental agreement with this owner/landlord.
4.2 Accommodation reservations are made online, by email, or by telephone. For online bookings, the rental agreement is concluded after the Tenant confirms the booking using the booking button on the FranceVilla website. A booking via a reservation request submitted directly by email from the Tenant, via another platform, or by telephone is concluded after the Tenant has given written approval to the booking confirmation sent by FranceVilla.
The above reservation methods are final and binding, meaning that in the event of cancellation, the cancellation fees described in Article 10 are due.
4.3 The tenant shall provide FranceVilla, before or at the latest upon conclusion of the agreement, with all information about themselves and their registered co-tenants that may be relevant to the conclusion or execution of the agreement. This includes, if available, their mobile phone number and email address. The tenant shall also provide details regarding the capacity or composition of the registered (co-)tenants that may be relevant to the proper execution of the agreement by FranceVilla. If the tenant fails to comply with this information obligation, resulting in FranceVilla excluding these (co-)tenants from (further) use of the accommodation, the cancellation costs will be charged to them.

Article 5 - Payment
5.1 FranceVilla is authorized to collect the amounts due on behalf of the owner/landlord. 30% of the total amount must be paid to FranceVilla within 3 days of the reservation date. The remaining 70%, plus any additional costs, must be paid to FranceVilla no later than 6 weeks before the start of the rental period.
5.2 For reservations made within 6 weeks of the start of the rental period, the entire invoice amount must be paid within 3 days of receiving the booking confirmation.
For reservations made within 1 week of departure, the entire invoice amount must be paid on the day of booking, with the costs of the chosen payment method being the tenant's responsibility.
5.3 In the event of late payment of the amounts due, FranceVilla will send a written reminder 7 (payment reminder). If the amount due has not been received by FranceVilla within 7 days of the reminder date, the tenant is in default and the agreement is deemed cancelled. FranceVilla will then charge the cancellation costs to the tenant or offset them against the deposit(s) received. If the tenant books within 14 days of departure and fails to pay on time, the tenant is immediately in default.
5.4 If FranceVilla is not in possession of the total amount on the day of arrival, FranceVilla is entitled to deny the tenant access to the accommodation, without prejudice to FranceVilla's right to full payment of the agreed total amount.
5.5 Any refunds will be made by FranceVilla solely to the tenant.

Article 6 - Additional Costs and Security Deposit
6.1 Any additional costs, such as tourist tax or additional payments for electricity, gas, and water, are clearly communicated prior to the conclusion of the rental agreement and are in addition to the rental amount. They must usually be paid in cash to the manager on-site or, if indicated on the invoice, to FranceVilla.
6.2 The owner/landlord may request an appropriate security deposit. FranceVilla will clearly communicate the amount of the security deposit before the conclusion of the rental agreement. The method by which the security deposit must be provided is determined by the owner/landlord (cash/digital payment/credit card). If credit cards are accepted, this will be stated in the description: any associated costs will be borne by the renter. After the accommodation is left clean and undamaged, the security deposit will be refunded/released in the same manner in which it was provided (cash/digital payment/credit card). In all cases, the security deposit must be refunded to the renter no later than 10 days after the end of the rental period.

Article 7 - Documents
7.1 The renter is responsible for obtaining information about applicable legal requirements and for carrying any required documents, such as a valid passport or, where permitted, an identity card and any required visas, proof of vaccinations, a driver's license, an environmental sticker, and a green card.
7.2 If the renter is unable to make their trip (in full) due to the lack of any (valid) document, they will be responsible for all associated consequences.

Article 8 - Use of the accommodation
The general house rules and explanation of the use of the accommodation are as stated on the FranceVilla website: https://www.franse-villa.com/en/information-rules

Article 9 - Price and price changes
The prices as published on the FranceVilla website are subject to price changes by the owner/landlord and are subject to technical errors and obvious typographical errors.

Article 10 - Substitution and Cancellation
10.1 The tenant may appoint a replacement tenant before departure (provided that they meet any applicable age requirements, etc.) provided this is done in writing via FranceVilla and the owner/tenant expressly agrees.
10.2 The renter may cancel the trip before departure. In the event of cancellation, the renter owes FranceVilla the following:

• Cancellation up to 6 weeks before arrival: 30% of the total amount.
• Cancellation within 6 weeks before arrival: 100% of the total amount.

Article 11 - Termination or Modification by the Owner
11.1 The owner has the right (but not the obligation) to terminate or modify the rental agreement with immediate effect through FranceVilla (as an intermediary) in the following cases:
a. If the owner cannot perform the rental agreement due to unavoidable exceptional circumstances, including but not limited to disasters, such as natural disasters (forest fires, floods, earthquakes, volcanic eruptions, etc.), wars or other serious security problems (such as terrorism), major threats to human health (including epidemics/pandemics), strikes, the total or partial destruction of the rented property, death of the owner, unannounced sale and/or occupation of the accommodation by the (new) owner, etc.;
b. Due to significant circumstances. Significant circumstances are defined as circumstances of such a nature that the owner/landlord cannot reasonably be expected to remain bound by the rental agreement;
c. If the tenant, after being notified of this by the owner/landlord or manager, does not behave as befits a good tenant or causes a serious nuisance to the surrounding area, FranceVilla (acting as an intermediary) will propose a change to the tenant on behalf of the owner/landlord as soon as possible, in the form of an alternative accommodation offer. If this is not possible or the tenant does not accept the offered alternative, the full amount paid (or down payment) by the tenant will be refunded, without any compensation being due for the termination or change.

Article 12 - Liability
12.1 FranceVilla accepts no liability for the actions and/or omissions of the owner/landlord in question, nor for the accuracy of the information provided by them. FranceVilla is solely responsible/liable for its intermediary role in making a booking.
12.2 If FranceVilla is attributable to a breach of contract and the tenant suffers damage as a result, the tenant is not entitled to compensation for this damage if the damage is attributable to one of the following causes:
a. culpable acts or omissions of the tenant or a co-tenant;
b. unforeseeable acts or omissions of third parties not involved in the performance of the contractual obligations;
c. unavoidable extraordinary circumstances.
12.3 Insofar as FranceVilla is attributably negligent and the tenant suffers damage as a result, FranceVilla's liability is always limited to the total rental amount paid by the tenant for the relevant booking, unless there is intent or deliberate recklessness on the part of FranceVilla. FranceVilla is entitled to offer the tenant alternative accommodation in such cases to minimize the damage as much as possible. The tenant is not obligated to accept this alternative offer.

12.4 FranceVilla excludes liability for damage against which the tenant is insured (such as through travel insurance, cancellation insurance, or health insurance) and for damage suffered by the tenant or co-tenant in the course of their profession or business.
12.5 FranceVilla accepts no liability for damage of any kind suffered by the tenant/co-tenant or their property as a result of their stay in the rented accommodation. FranceVilla is also not liable for the malfunctioning/disabling of equipment in the accommodation, temporary or complete internet outages, or disruptions in and around the accommodation's water and/or energy systems, unannounced roadworks and construction work around the accommodation, or for other nuisance situations inside or outside the rented property.
12.6 The tenant is (jointly and severally) liable for all loss and/or damage to the rented accommodation and its inventory, regardless of whether this is the result of the actions or omissions of the tenant, co-tenants, or third parties present in the rented property with the tenant's permission. In the event of improper use or leaving the rented property in an improper condition, the tenant may be charged additional costs (possibly through deduction from the security deposit).
12.7 The tenant indemnifies FranceVilla against all claims from third parties, including the owner/landlord, that are in any way related to the rental of the accommodation, unless these claims are the result of intent or gross negligence on the part of FranceVilla.

Article 13 - Complaints
13.1 In the event of any complaints about the accommodation, the tenant must immediately (without delay) contact the manager and/or owner/landlord to resolve the matter on-site. If the complaint cannot be resolved on-site with the manager and/or owner/landlord, the tenant must contact FranceVilla within 24 hours. FranceVilla will make every effort, to the extent possible, to resolve the complaint in consultation with the owner/landlord to the tenant's satisfaction.
13.2 The tenant must always give the owner/landlord and FranceVilla the opportunity to find a suitable solution to the complaint and is obligated to take all reasonable measures to minimize or avoid any damage. Early departure without prior consultation with the manager, owner/landlord, and/or FranceVilla regarding the complaint may result in the tenant being denied any compensation.
13.3 If the complaint cannot be satisfactorily resolved on-site or is not reported on-site, it must be submitted in writing and with reasons to FranceVilla no later than two weeks after the rental.
13.4 FranceVilla will forward the complaint on behalf of the tenant to the relevant owner/landlord. FranceVilla will contact the owner/landlord and mediate in an attempt to reach an amicable resolution. This is solely a best efforts obligation on the part of FranceVilla.
13.5 If no amicable resolution is reached between the tenant and the owner/landlord regarding the complaint, FranceVilla will, at the tenant's request, provide the tenant with the contact information of the owner/landlord available to them, in order to enable the tenant to file a claim for damages against the owner/landlord.
13.6 Any complaints regarding the reservation made or information provided by FranceVilla must be submitted to FranceVilla within two weeks of the tenant becoming aware of the facts to which the complaint relates. FranceVilla will respond in writing within 4 weeks of receipt.

Article 14 - Data Protection
The processing of personal data by FranceVilla is governed by the privacy policy as set out on the FranceVilla website: https://www.franse-villa.com/en/privacy

Article 15 - Final Provisions
15.1 These general terms and conditions and the agreements concluded through/with the mediation of FranceVilla are governed by Dutch law, with the express exclusion of the Vienna Sales Convention.
15.2 Any disputes arising from an agreement in which FranceVilla is involved (whether or not as a mediator) and/or arising from these general terms and conditions will be settled by the judge of the Rotterdam District Court.
15.3 If any provision of these general terms and conditions is found to be invalid, the remaining provisions will remain in force, and the invalid provision will be deemed to be in accordance with the apparent intentions of the parties.