^{Publisher information}General terms and conditions

Article 1 – Definitions

In these terms and conditions of hire, the following definitions shall apply:

Essendiéras: SAS Domaine d’Essendiéras and the companies linked to this company, which in return for payment offer accommodation to one or more persons.
Tenancy Agreement: the agreement by which Essendiéras undertakes vis-à-vis the other party to provide one of the accommodation facilities offered by Essendiéras.
Tenant(s) :
the co-contractor of Essendiéras ;
the person for whom and with whose agreement the lease was concluded, or
the person who, in accordance with Clause 9 of these General Terms and Conditions, has replaced the original co-contractor of Essendiéras.

Article 2 – Formation of the lease

The Tenancy Agreement shall be formed as soon as the Tenant(s) has/have accepted the offer of Essendiéras. Such acceptance may take place either orally or in writing.
The offer of Essendiéras is without engagement and may, if necessary, be revoked by Essendiéras. Such revocation may take place up to a maximum of 48 hours after the acceptance by the Tenant(s).

Article 3 – Payment

Immediately after the rental contract is formed, a deposit must be paid within 14 days, equivalent to 50% of the total agreed rental price, unless something else has been expressly agreed in writing.
The balance of the rent must be paid at the latest 42 days before the day of arrival into one of the bank accounts of Essendiéras or in cash to Essendiéras, in witness whereof a signed receipt/invoice for acquittal must be presented.
If the rent is not paid on time – after the summons and after the expiry of the period fixed in the summons – the Tenancy Agreement may be terminated by or on behalf of Essendiéras with immediate effect; in that case the cancellation conditions set out in Clause 10 shall apply.
If the rental contract is concluded within 42 days of arrival, the full rental/travel price must be paid.

Article 4 – Rental prices

The published rental price is per place of accommodation, unless otherwise stated.
The rental price published on the Site is based on the prices, taxes and levies as known to Essendiéras at the time of publication.

Article 5 – Security deposit

Prior to the stay in the accommodation rented by Essendiéras, the Tenant(s) shall pay to Essendiéras a security deposit. The security deposit will generally be returned within 14 days after the end of the rental period, after deduction of any costs for damage or loss caused by the Tenant(s) to the property forming part of the accommodation.
The deposit is 500 Euros for gîtes and chalets. The deposit is 100 Euros for rooms, suites, flats and campsites.
The deposit is paid in the form of a pre-authorisation on a credit card. In this case, the amount is reserved on your card, but is not debited immediately.

Article 6 – Additional charges

Any ‘additional costs’ must be paid on the day of departure.

Article 7 – Information

All information necessary for the conclusion of the Tenancy Agreement and the performance thereof shall be provided to Essendiéras by the Tenant(s) and their possible travelling companion(s).
At the time of arrival, departure and during the stay in the rented accommodation, the tenant(s) must be in possession of the necessary (travel) documents, such as a valid passport, identity card (where permitted) and possibly a driving licence and green card.
If the Hirer(s) is/are unable to make the journey (in its/their entirety) due to the absence of a (valid) document, the consequences thereof shall be for his/her/their account.

Article 8 – Modifications by the lessee(s)

Any required modification of or addition to the offer of Essendiéras shall require the express prior written consent of Essendiéras.
Up to 28 days before the first day of the booked stay, the Tenant(s) may request that the rental contract be amended. This modification will be made as far as possible, provided that the Tenant(s) pay the modified rental price in accordance with the terms of Article 3, less any amounts already paid. The Tenant(s) is/are also required to pay the amendment fee of €40 per booking, plus any communication costs required for the requested amendment.
A decision will be taken as quickly as possible on the modification requested as indicated in paragraph 1. Any refusal will be explained orally or in writing.
From 28 days before the first day of the booked stay, changes will no longer be possible.
If a request for modification as referred to in paragraph 1 is rejected and if the Tenant(s) nevertheless maintain(s) his/their request for modification, this shall be considered by Essendiéras as a cancellation of the Travel Agreement and the cancellation conditions in accordance with Clause 10 shall apply.

Article 9 – Substitution

If one or more hirers is/are prevented from taking part in the trip, this/these hirer(s) may, on request, be replaced by another person or persons; in this case, the conditions stipulated in paragraph 2 will apply.
Conditions applicable in the event of substitution as provided for in paragraph 1 :
the other person(s) must fulfil all the conditions attached to and arising from the tenancy agreement;
the application must be submitted no later than 7 days before the first day of the booked holiday, or at least in sufficient time to allow the necessary operations and formalities to be carried out;
the conditions of the other service providers involved in the performance must not be incompatible with the substitution.
The Tenant(s) and the replacement(s) of the original Tenant(s) shall be jointly and severally liable vis-à-vis Essendiéras for the payment of the still unpaid part of the price of the trip, as well as the other costs which, by virtue of the present Tenancy Conditions, are to be borne by the Tenant(s).

Article 10 – Cancellation by the tenant(s)

In the event of cancellation of the rental contract by the tenant(s), the following cancellation fees will be charged:

for cancellations made up to 42 days before the first day of the booked stay: the amount of the deposit paid ;
for cancellations made 42 days or more before the first day of the booked stay: the full amount invoiced.

Article 11 – Termination by Essendiéras

In the event of serious or extraordinary circumstances (fire, natural disasters, war violence, etc.), Essendiéras may terminate the Tenancy Agreement by immediately informing the Tenant(s).
In the event of cancellation as referred to in paragraph 1, Essendiéras shall endeavour to offer an alternative in the form of equivalent accommodation. If this is not possible or if the Tenant(s) do not accept the proposed alternative, the Hiring Price shall be reimbursed in full. Essendiéras shall not be liable for any other damage resulting from such cancellation.
Termination due to overbooking or double booking shall be charged to Essendiéras.

Article 12 – Modification by Essendiéras

Essendiéras shall have the right to modify the Tenancy Agreement in the event of circumstances as referred to in Clause 11, paragraph 1.
If, upon the arrival of the Tenant(s) in the accommodation, it becomes apparent that a substantial part of the services to which the agreement relates cannot be provided, Essendiéras shall endeavour to make suitable alternative arrangements.
If a change can be attributed to Essendiéras and if it causes damage to the Tenant(s), Essendiéras shall be obliged to reimburse such damage; the amount of the damage, however, shall never exceed the total price of the Tenancy. Changes due to over-booking or double-booking shall be charged to Essendiéras. If the cause of the change can be imputed to the Tenant(s), the corresponding costs shall be for the account of the Tenant(s).

Article 13 – Liability

The Tenant shall be jointly and severally liable for all obligations arising from the Contract, in particular in case of damage to or loss of property belonging to Essendiéras.
Essendiéras shall be liable for the proper performance of the obligations arising from the Tenancy Agreement, taking into account the provisions of Clauses 11, 12, 14, 15 and 16.
Essendiéras shall not be held liable for errors and defects on its website or in other publications.
Essendiéras accepts no liability for journalistic publications, texts, photographs, brochures and other documentation insofar as these are published under the responsibility of third parties.

Article 14 – Force majeure and provision of help and assistance

Essendiéras shall not be liable for the non-performance or partial performance of the Tenancy Agreement in the event of force majeure. Force majeure shall also be understood to mean the case in which the service providers on which Essendiéras has called and on which Essendiéras depends remain in default.
Essendiéras will offer assistance to the Tenant(s) in difficulty to the extent of its means.
If the failure(s) in the performance of the Tenancy Agreement is/are attributable to Essendiéras, the costs resulting therefrom shall be for the charge of Essendiéras; however, the amount of the damage shall never exceed the total price of the Tenancy Agreement. The costs shall be for the account of the Tenant(s) if the cause of the default(s) is attributable to the Tenant(s).

Article 15 – Exclusion and limitation of the liability of Essendiéras

Essendiéras accepts no liability for any damage or injury suffered by the Tenant(s), howsoever caused. We also decline any liability for loss, theft or damage of property, including money. All this is without prejudice to the manager’s liability under a treaty and/or the law.
If Essendiéras is liable vis-à-vis the Tenant(s) for the loss of enjoyment of the trip, the compensation shall amount to a maximum of one time the Hire Price.
The exclusion and/or limitation of the liability of Essendiéras provided for in Clause 1 shall also apply to the employees of Essendiéras and the relevant service providers and their staff, unless this is excluded by a treaty or by law.

Article 16 – Obligations of the tenant(s)

The Tenant(s) shall be bound to observe all instructions of Essendiéras. The Tenant(s) shall be liable towards Essendiéras for any damage or loss caused by him.
The tenant(s) is/are not authorised to occupy the accommodation with more people than the maximum number authorised, as indicated in the description of the accommodation. If this number is exceeded, the rental contract may be terminated without entitlement to compensation.
The Tenant(s) who cause(s) or may cause nuisance or inconvenience to such an extent that the proper course of the stay in the rented accommodation is or may be seriously impaired thereby, may be excluded by Essendiéras (from the continuation of the stay), if Essendiéras cannot reasonably be expected to fulfil the agreement. All costs resulting therefrom shall be for the account of the Tenant(s), if and insofar as the consequences of the nuisance or inconvenience can be attributed to him/them.
The Tenant(s) shall be obliged to inform the management of Essendiéras in writing or in any other appropriate way of any negligence in the performance of the Tenancy Agreement that he/she/they observe on the spot as soon as possible, at least within 24 hours after such observation.

Article 17 – Interest and collection charges

The Tenant(s) who has/have not fulfilled any financial obligation towards Essendiéras on time shall owe interest of 1% on the principal sum for each month or part of a month of delay. Furthermore, he/she/they shall be obliged to reimburse all extrajudicial collection costs, to be fixed at 15% of the amount due, with a minimum of € 50.

Article 18 – Complaints and disputes

If a negligence in the performance of the Tenancy Agreement as referred to in Clause 17, paragraph 4 is ascertained at the place of destination and results in a complaint, this complaint shall be submitted as far as possible at the place of destination and as soon as possible, in any event within 24 hours after the ascertainment, in writing or in any other appropriate way to Essendiéras. Essendiéras will immediately endeavour to find a suitable solution. If the complaint is not satisfactorily resolved, it shall, at the latest within one month after the return of the Tenant(s) to his/their place of residence, be submitted again to Essendiéras in writing and stating the reasons therefor.

Publisher informationGeneral terms and conditions