Terms and Conditions of Sale

Preliminary Article – General Provisions

The company YOMANA, hereinafter referred to as "MAISON YOMANA", is a simplified joint-stock company (société par actions simplifiée – SAS) with a share capital of €5,000, registered with the Avignon Trade and Companies Register under number 904 124 187, whose registered office is located at 780 route du Stade, 84580 OPPEDE, France, with intra-community VAT number FR82904124187, represented by Mrs Maryline LOUVET in her capacity as President of the said SAS. MAISON YOMANA's contact email address is: contact@maison-yomana-luberon.fr

MAISON YOMANA offers the rental of a furnished tourist accommodation with hotel-style services (meublé de tourisme avec services parahôteliers) located at 780 route du Stade, 84580 OPPEDE (hereinafter the "Property"), declared to the Municipality of OPPEDE under registration number: [registration number issued by the Town Hall to be inserted].

This rental is offered in particular through its website (hereinafter the "Site"), the exclusive property of MAISON YOMANA, accessible at the following URL: https://www.maison-yomana-luberon.com/

These Terms and Conditions of Sale (hereinafter the "Terms") constitute the rules applicable to the rental contract for a furnished tourist accommodation with hotel-style services concluded via the Site between the client whose details were provided at the time of booking (hereinafter the "Client") and MAISON YOMANA.

These Terms are accessible on the Site at all times and are systematically presented to the Client before payment of their booking. They are drawn up in French and in English. In the event of any discrepancy of interpretation, the French version shall prevail over the English version.

When booking a stay, and before payment, ticking the box "I have read and accept the terms and conditions of sale" and then clicking the "Book now" button constitutes the Client's confirmation that they have read these Terms and their consent to their application.

Should any term or article of these Terms be deemed unenforceable or be annulled by a court decision, the remaining terms and articles of these Terms shall remain applicable.

Given possible developments of the Site, MAISON YOMANA reserves the right to adapt or amend these Terms at any time.

Consequently, MAISON YOMANA invites the Client to consult these Terms before any new booking: the Terms in force at the time shall apply to all bookings made from their date of publication online.

Article 1 – Capacity to Contract

The Client declares that they are legally capable of concluding an online rental contract for a furnished tourist accommodation with hotel-style services, i.e. that they are of legal age and not subject to any adult protection measure preventing them from contracting alone.

Article 2 – Legal Framework of the Rental

MAISON YOMANA offers the rental of a furnished tourist accommodation with hotel-style services located at 780 route du Stade, 84580 OPPEDE.

The Client declares that the Property shall not constitute their principal residence, the Client already occupying another property, distinct from the Property, as their principal residence.

By express agreement between the Client and MAISON YOMANA, the rental contract for a furnished tourist accommodation with hotel-style services is excluded from the scope of French Law No. 89-462 of 6 July 1989.

Consequently, the parties agree that the rental contract concluded between them is governed solely by the clauses and conditions of these Terms, as well as by the non-conflicting provisions of Articles 1708 et seq. of the French Civil Code.

Article 3 – Description, Purpose and Capacity of the Property

The Property comprises grounds of approximately 2.5 hectares on which stands a fully furnished individual house of approximately 500 sqm, with all the fittings, installations and equipment described on the Site, including in particular:

11 main rooms, including 7 bedrooms;
A fitted kitchen;
7 bathrooms;
A separate laundry room;
A heated pool, fitted with a safety system (alarm system) compliant with applicable standards, which the Client undertakes not to deactivate or modify.

The house meets the standards of decent housing as defined by French Decree No. 2002-120 of 30 January 2002. It is also fitted with smoke detectors compliant with applicable regulations, which the Client undertakes not to deactivate or modify.

The Property has a maximum capacity of 14 people. The Client undertakes to comply with this capacity.

As the house has staircases and the pool is not fenced, we regret that we cannot accept children under 4 years of age as at the start date of the stay.

The Property is intended to be rented as a holiday home. It is also suited to wellness stays, retreats and private events. The Client acknowledges that the rented Property may only be used for residential purposes, to the exclusion of any other use. The Client further undertakes not to establish their principal residence there.

Article 4 – Description of the Hotel-Style Services

In addition to the enjoyment of the Property, the Client shall benefit from the following hotel-style services (hereinafter the "Services"):

Included services:

Welcome and reception of the Client at the beginning and end of the stay;
Provision of household linen (bed linen and towels; for stays longer than one week, one change of bed linen and towels is included and carried out on Fridays);
Daily housekeeping, in addition to end-of-stay cleaning.

Additional services:

Breakfast;
More frequent renewal of household linen;
"À la carte" services, as listed on the Property's website at: https://www.maison-yomana-luberon.com/services/

Additional Services will be offered by separate email sent after the booking of the stay, and payment for them shall be made immediately upon ordering.

A Client wishing to benefit from an Additional Service offered by MAISON YOMANA (i.e. excluding the Included Services) must book it at least 30 days before its performance, in accordance with the terms communicated to them by email. Such a booking shall be firm and final.

Article 5 – Booking Conditions and Conclusion of the Rental Contract

The booking process takes place via MAISON YOMANA's Site:

the Client enters the desired dates of stay;
the Client enters the various required details;
the Client proceeds with the booking by clicking the "Book now" button, after having read these Terms and ticked the box "I have read and accept the terms and conditions of sale", thereby fully adhering to these Terms;
the Client then proceeds with full payment of the rental price. Should the Client opt for payment by bank transfer, they shall have 24 hours to issue the transfer. Failing issuance of the transfer within this period, the Client shall be deemed to have abandoned the booking process and shall have to start the process again if they wish to book a stay;
following payment, the Client receives a booking confirmation summarising their booking, together with the contact details of the concierge service appointed by MAISON YOMANA, which shall be the Client's main point of contact.

Article 6 – Duration of Stay – Arrival and Departure Conditions

The stay is granted for the duration set out in the booking confirmation. It must be for a minimum of 2 nights and may not exceed 30 nights.

Arrival conditions:

The stay begins on the first day indicated in the booking confirmation at 6:00 p.m. (local time).

The Client must arrive on the agreed day and at the agreed times. In the event of a late or postponed arrival, the Client must immediately inform the concierge service.

Subject to availability and the prior express agreement of MAISON YOMANA, an early check-in may be granted at no additional cost to the Client.

The concierge service will be present to welcome the Client, show them around the premises and inform them of all practical details and the operation of the various appliances and equipment.

If the Client delays their arrival by several hours or days, they must notify the concierge service in advance.

Departure conditions:

The stay ends on the last day indicated in the booking confirmation at 10:00 a.m. (local time).

Subject to availability and the prior express agreement of MAISON YOMANA, a late check-out may be granted at no additional cost to the Client.

The Client must return the premises in the condition in which they found them, it being specified that a full end-of-stay cleaning will be carried out upon their departure.

Upon expiry of the stay period, the Client may not, under any circumstances, claim any right to remain on the premises, except with the express agreement of MAISON YOMANA.

Article 7 – Inventory of Fixtures and Furniture

The Client undertakes to take the Property in the condition in which it is found upon handover of the keys.

An inventory of fixtures (état des lieux) will be drawn up jointly with the Client upon their arrival, and the furniture included in the detailed inventory provided to the Client will be checked.

A copy of each of these documents will be provided to the Client no later than the day they take possession.

From the date on which the detailed inventory and the inventory of fixtures are provided, the Client shall have three days to make any claim regarding their content. If the stay is shorter than three days, the claim period shall be limited to the duration of the stay. In the absence of any dispute by the end of this period, the above documents shall be deemed accepted without reservation by the Client.

A new inventory of fixtures and a new furniture check will be carried out upon the Client's departure, no later than 45 minutes before the end-of-stay time.

If the departure inventory is not carried out, either by the Client's choice or due to a departure at a time other than that agreed, the concierge service will carry out the inventory unilaterally and return the security deposit as set out in Article 9 of these Terms, subject to the absence of damage and the premises being returned in proper condition.

Article 8 – Price of the Stay – Tourist Tax

The stay is granted and accepted in return for payment of the agreed price, paid at the time of online booking, in addition to payment of the tourist tax (taxe de séjour).

The agreed price of the stay depends on the number of people, the duration of the stay, the time of year, and whether the stay is refundable or non-refundable.

This price includes:

the rental, including the charges defined in Article 11 of these Terms, and the Included Services defined in Article 4 of these Terms for the agreed duration of stay;
the Value Added Tax (VAT) applicable to the rental and the Included Services.

This price does not include:

the Additional Services defined in Article 4 of these Terms;
the Value Added Tax (VAT) applicable to the Additional Services.

The tourist tax is also payable by the Client in addition to the price of the stay and is payable in advance at the time of booking.

Should the amount of the tourist tax or the applicable VAT increase between the date of payment and the actual date of the Client's stay, MAISON YOMANA shall immediately invoice the Client for the additional tax or VAT due.

Accepted payment methods are: bank cards, PayPal, Stripe and bank transfers.

Article 9 – Security Deposit

A security deposit of €3,000, non-interest-bearing, must be paid by the Client no later than seven days before the key handover date. This payment shall be made via our partner Swikly, in accordance with the terms communicated to the Client by email following booking confirmation.

The security deposit is intended to cover any damage to the accommodation and its furniture caused by the Client, as well as the loss of keys or items. Failing payment of the security deposit within the stated period, the Client shall be deemed to have irrevocably cancelled their stay.

The security deposit shall be returned to the Client within 15 days of departure and return of the keys, after deduction of the replacement cost of any missing or damaged furniture, equipment, materials and items, and any costs of restoration or additional cleaning.

Should the amount of the security deposit prove insufficient, the Client shall pay any additional sum upon presentation of supporting documents by MAISON YOMANA, within 7 days of such presentation.

In the event of a dispute, an estimate may be drawn up by a certified professional at MAISON YOMANA's request, and shall serve as agreement on the value of the replacement or repair cost of the lost or damaged items.

Article 10 – Cancellation Conditions

If the Client has opted for a non-refundable booking, their booking is firm and final, with no possibility of cancelling the stay.

If the Client has opted for a refundable booking, the following cancellation conditions shall apply:

if the cancellation request is received more than 60 days before the start date of the stay, no fee will be charged;
if the cancellation request is received between 30 and 60 days before the start date of the stay, a cancellation fee equal to 50% of the amount paid will apply;
if the cancellation request is received less than 30 days before the start date of the stay, or during the stay, no refund will be made.

Any cancellation request must be made in writing to MAISON YOMANA or to the concierge service.

Article 11 – Included Charges

Water and electricity consumption are included in the price of the stay, within the limits of normal consumption.

Consumption shall be considered normal if it is less than or equal to the average consumption recorded for comparable stays. Any excess consumption above the average recorded for comparable stays shall therefore be considered abnormal.

Internet access is also included in the price of the stay. However, any charges arising from access to certain sites or services are not included in the price of the stay and shall remain the sole responsibility of the Client. In this respect, the Client undertakes not to use the internet access provided for purposes contrary to these Terms or to applicable laws and regulations.

Article 12 – Rules of Occupancy of the Property

12.1 – Enjoyment of the Property

The Client benefits from the enjoyment of the Property as described in Article 3 of these Terms.

The Client undertakes to enjoy the rented premises peacefully and, in particular, to avoid any noise, odour or activity likely to cause a nuisance to neighbours, whether caused by the Client or by occupants under their responsibility.

In this respect, it is specified that the Property is a non-smoking area, with the sole exception of the outdoor areas of the house. Should the Client fail to comply with this obligation not to smoke inside the house, they shall compensate MAISON YOMANA for the cost of third-party services required to eliminate any direct or indirect effects of tobacco inside the house.

Although housekeeping is provided daily during the stay and at the end of the stay, the Client undertakes to keep the Property tidy and in a normal state of use. The Client thus undertakes never to leave the Property in an abnormally dirty state, failing which they shall reimburse the cost of third-party services required to restore the Property to its original condition.

The Client undertakes not to dispose of any objects or substances into the drains that are likely to obstruct them, failing which they shall reimburse the cost of third-party services required to restore them to working order.

The Client undertakes not to alter the Property in any way, nor the arrangement of its installations, furniture and equipment, failing which they shall reimburse the cost of third-party services required to restore the Property to its original condition.

Except with the express agreement of MAISON YOMANA, the Client is strictly prohibited from organising parties of any kind inside the Property.

The Client also undertakes to comply with any house rules applicable to the Property, a copy of which will be provided upon key handover and made available within the Property.

Finally, the Client undertakes not to bring any animal onto the Property, even temporarily.

12.2 – Assignment and Subletting

As the stay is granted in consideration of the Client personally, the Client undertakes not to sublet the Property or make it available to third parties, even free of charge. They also undertake not to use the Property for purposes other than temporary accommodation.

The Client may not assign the rights held under the rental contract without the express agreement of MAISON YOMANA.

The Client is also prohibited from accommodating or allowing more people to stay overnight than indicated in their booking, except with the express agreement of MAISON YOMANA.

Under their sole and full responsibility, and within the limits of the Property's capacity, the Client is nevertheless permitted to receive occasional guests at the Property, provided such guests do not stay or sleep there. Guests shall be required to comply with the obligations imposed by these Terms, the Client remaining personally liable for any breaches.

12.3 – Liability

The Client shall remain solely responsible for the use of the appliances, equipment and installations of the Property and must take all precautionary measures to ensure the safety of any persons they bring onto the premises, in particular children and vulnerable persons. MAISON YOMANA may under no circumstances and on no grounds be held liable in this respect. In this regard, MAISON YOMANA points out that the Property's pool is fitted with a safety system (alarm system) compliant with applicable standards. The Client shall assume full liability in the event of incidents, accidents or damage resulting in particular from negligence, deactivation of the safety system, or lack of supervision in connection with the use of the pool, this list being non-exhaustive.

Finally, the conditions of use of the appliances and various equipment (televisions, air conditioning, household appliances, etc.) must be strictly complied with by the Client and by their successors, assigns or any persons they bring onto the premises, so that MAISON YOMANA shall never be held liable in this respect. Failure to comply with these conditions of use shall further engage the Client's liability for any loss suffered by MAISON YOMANA.

12.4 – Insurance

MAISON YOMANA is insured with ALLIANZ, located at 1 cours Michelet – CS 30051 – 92076 PARIS LA DEFENSE CEDEX, as a non-occupying operating owner of the Property located at 780 route du Stade, 84580 OPPEDE. The policy taken out is the Allianz ProfilPro contract No. 064079671.

The Client further undertakes to be insured for their stay under a "holiday rental" (villégiature) type insurance policy.

Article 13 – Obligations of MAISON YOMANA

MAISON YOMANA is required:

to make the Property available to the Client, with its furniture, equipment, materials and items in good working order and condition;
to ensure the Client's peaceful enjoyment of the Property and to guarantee them against any defects or faults likely to prevent such enjoyment — except those recorded in the inventory of fixtures;
to provide, during the stay, the services included in the price of the stay and, where applicable, any additional services booked with MAISON YOMANA.

To this end, the Client undertakes:

to immediately inform MAISON YOMANA of any damage, malfunction or incident they may observe;
to allow MAISON YOMANA to carry out within the Property any work whose urgency and necessity becomes apparent during the rental period, without being entitled to any compensation.

Article 14 – Obligations of the Client

The Client is required to comply with all obligations arising from these Terms.

Any loss suffered by MAISON YOMANA as a result of the Client's failure to comply with their obligations, and more generally with these Terms, must be compensated and may result, in addition to the automatic termination of the rental contract, in legal proceedings against the Client for compensation of the loss suffered.

The occupants of the Property shall, in the same way as the Client, be jointly and severally liable for the performance of all obligations arising from these Terms and for compensation of any resulting loss suffered by MAISON YOMANA.

In the event of the death of the Client or of one or more occupants, all their heirs and representatives shall be jointly, severally and indivisibly liable, as shall each of them together with all other co-obligors, with respect to the performance of these Terms.

Article 15 – Penalty Clause

By way of penalty clause, and in order to guarantee MAISON YOMANA the effective and immediate recovery of the Property should the Client unduly remain on the premises after the end date of the stay, the Client shall pay MAISON YOMANA an occupancy indemnity calculated on a daily basis, equal to the nightly rate increased by 20%.

Article 16 – Tolerance

It is formally agreed that any tolerance shown by MAISON YOMANA or the concierge service with respect to the clauses and conditions set out above, whatever its frequency or duration, shall never and under no circumstances be considered as amending or removing such clauses and conditions, nor as creating any right whatsoever. MAISON YOMANA may put an end to such tolerance at any time upon notification to the Client by any means.

Article 17 – Technical Reports

After sending the booking confirmation, MAISON YOMANA shall provide the Client electronically with all technical reports (diagnostics) required by applicable regulations.

Article 18 – Consumers' Right of Withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the consumer right of withdrawal does not apply to the provision of short-term accommodation services.

Article 19 – Conciliation and Disputes

In the event of any dispute, difficulty or claim arising from the performance, interpretation or termination of this rental contract for a furnished tourist accommodation with hotel-style services, the Client must send a written complaint to MAISON YOMANA at the address set out in the Preliminary Article of these Terms.

The Client and MAISON YOMANA shall use their best efforts to seek an amicable solution to their dispute. If, upon expiry of a period of two months from the date of receipt of the complaint, no settlement has been reached, either party may bring the matter before the competent court within the jurisdiction of the Nîmes Court of Appeal, which shall have exclusive jurisdiction over the dispute.

If the Client is a consumer, they may, within one year of their complaint to MAISON YOMANA, refer the matter to the following consumer mediator: [full identification and contact details of the competent mediation body to be inserted]

Likewise, to help resolve their dispute, the consumer Client may access the European online dispute resolution platform provided for by Regulation (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes, including cross-border disputes, via the following link: https://ec.europa.eu/consumers/odr/main/

Article 20 – Information Obligation Regarding the BLOCTEL Scheme

In accordance with Article L. 223-2 of the French Consumer Code and under these Terms, MAISON YOMANA informs the Client of their right to register on the BLOCTEL cold-calling opt-out list (https://www.bloctel.gouv.fr/).

Article 21 – Completeness of Pre-Contractual Information

In accordance with Article L. 111-1 of the French Consumer Code, these Terms are intended to ensure that all information necessary and relevant to the conclusion of the contract is made available to the Client before booking a stay.

The Client thus declares that they have been informed in a clear and comprehensible manner of the essential characteristics of the services offered, the price, and the terms of payment and performance.

Article 22 – Privacy and Personal Data Protection Policy

The privacy and personal data protection policy is described in the following section of the Site and forms an integral part of these Terms.

Article 23 – Applicable Law

These Terms are governed by French law. They are drawn up in French. Should they be translated into one or more languages, only the French text shall be authoritative in the event of a dispute.