Provence West

Terms and Conditions

PROVENCE WEST, LTD. GENERAL BOOKING CONDITIONS

Although rental terms and conditions vary in some respects from region to region and from property to property, the following are typical of short-term rental contracts in France, and define the role and obligations of Provence West, Ltd. (“PWL”) in acting as the booking agent for your rental in France.

 ·RENTAL PERIODS:  Rentals typcially run from 4:00pm Saturday to 10:00am Saturday, unless otherwise agreed to in advance among PWL, the owner of the “Property” (as hereinafter defined) and the client; a few properties rent from Friday to Friday or from Sunday to Sunday.

·RESERVATION SERVICES:  The BOOKING FORM used by Provence West, Ltd. (“PWL”) is reserved for rental of the specific property selected by the client (the “Property”).  The Property may also marketed by the owner directly or through other rental agencies under this or another property name or names.

·LENGTH OF STAY:  Under no circumstances may the client (i.e., the person signing the Booking Form attached hereto, which, together with these General Booking Conditions, constitutes the “Booking Contract” hereunder) exceed the initial period agreed upon nor may he/she exercise any right to remain on the premises at the end of the rental period unless an agreement has been made between the client, PWL, and the owner of the Property.

·LIABILITY:  The owners of the properties and PWL cannot be held responsible for any fortuitous events, acts of God or war, riots or civil strife, terrorist activity, industrial disputes, natural or nuclear disasters, fire, or adverse weather conditions, or consequences of any person or for any developing during the course of the holiday stay.  The responsibility of PWL and its agents is limited.  They act only as agents of the client in regard to the services described in the Booking Contract. PWL assumes no liability for injury, damage, loss, accident, delay, or irregularity occasioned by reason of defect through acts or defaults of the owner of the properties and their representatives. In the event of a cancellation of the reservation by the owner, the liability of PWL to the client is limited to a refund of all amounts paid by the client as of the date of the cancellation. The client further acknowledges and understands that the Property is a private rental property and not a hotel, and may be of “ancient” or historic construction; although the owner is responsible for maintaining the Property and for responding to any maintenance issues which may arise during the client’s stay, system outages, though rare, sometimes occur in historic buildings, and neither the owner nor PWL shall be held responsible for inconveniences caused by such outages, for acts or omissions of third parties, or for any conditions outside the reasonable control of PWL or the owner.

·PRICING: Prices are quoted in the currency which PWL uses to pay the owner of the particular property, but are payable in US dollars. PWL will calculate the applicable payment (i.e., for deposit and balance payments, or full rental payments) using the currency calculator published by xe.com or a comparable exchange facilitator as of the date the payment is invoiced to the client,, plus three percent (3%) to cover the fees payable to the exchange facilitator.

·RESERVATION:  The reservation formally becomes effective as soon as a down payment of 50% of the total rental accommodation price is made and a copy of the Booking Contract signed by the client has been returned to the PWL reservation office.  This must be completed before the date on the invoice/confirmation.

·BALANCE PAYMENT:  The client formally agrees to pay the balance to the PWL reservation office at least 60 days prior to the beginning of his stay.  An invoice will be sent to the client to this effect.  If the balance has not been settled by this date, the booking will be considered canceled, the contract will be void and the property will be available for rental again.

·LATE BOOKING:  In the event that the booking occurs less than 60 days in advance of beginning of the rental period, the total payment is required at the time of reservation.

·ARRIVAL AND DEPARTURE:  The client is requested to arrive on the scheduled arrival date at the agreed-upon time (typically between 4:00-6:00pm (or as close thereto as possible).  In the event that this is impossible, the client is requested to inform PWL ahead of time or the owner or owner’s representative (if the client is already in France) by phone call.  The client is expected to vacate the Property (after it has been inspected by the owner or owner’s representative and after any supplementary charges have been settled) by 10:00 am on the departure date.  When departing before the scheduled departure dater, it is mandatory that the client contact the owner or owner’s representative and arrange for a departure time and inspection.

·CANCELLATION:All cancellations must be sent by registered letter to the PWL reservation office, and in case of a cancellation policy covering this eventuality, to your insurance company. In the event of a cancellation (i) 60 days or more prior to the commencement of the rental period, all sums paid as of the date of such cancellation shall be forfeited, unless PWL is able to rent the Property for the same period, in which event the amounts paid, less a 20% administrative fee, will be refunded to the client, or (ii) within 60 days of the rental commencement date, all amounts paid as of the date of such cancellation will be forfeited.  PWL agrees to use reasonable efforts to re-book the Property for the applicable rental period, but is under no obligation to do so. In the event of a “no-show” by the client, there will be no refund. If the reservation office or the owner cancels for any reason, the client will receive the total of the sums paid except when the cancellation is imposed by acts of God, war, riots or civil strife, terrorist activity, industrial disputes, natural or nuclear disasters, or adverse weather conditions or the security of travelers.  The client acknowledges and agrees that the Property is located in a rural area, and therefore the following will not be considered as reasons for cancellation, reimbursement, or indemnification:

1.  Presence of insects either inside or outside or nearby the house (ants, spiders, bees, wasps, scorpions and any others)

2.  Presence of disturbing animals such as lizards, snakes (all types), frogs, bats, and any others.

3.  Habitual environmental noise such as the singing of locusts, rooster crowing, church bells and other similar noises.

4.  Tractors and other farm and maintenance equipment in the fields or streets or in the general neighborhood.

5.  Leaves, animals or insects in the swimming pool.

·CANCELLATION INSURANCE: There is no cancellation insurance offered with the Property.  PWL strongly recommends that clients purchase cancellation insurance.  Clients may contact a full-service travel agent for this insurance, and some credit card companies offer travel insurance to their cardholders.

·NUMBER OF GUESTS ALLOWED:  The Booking Contract is established for a specific number of persons.  If the number of persons exceeds the accommodations capacity indicated on the contract, the owner may refuse the additional clients or cancel the contract, or, alternatively, collect an extra charge.

·DAMAGES:  The client is responsible for all damages caused by the client or the client’s invitees, guests, contractors and representatives.  The client is requested to obtain insurance covering this eventuality.

·TO SETTLE CLAIMS/DISPUTES:  All claims and disputes must be forwarded in writing by registered mail to the PWL reservation office within four days of the end of the stay.  All discrepancies relating to the general specifications or the inventory of the premises must be submitted to the PWL office within a day after the premises have been occupied. Whenever possible clients are urged to settle minor grievances (burned-out light bulbs, faulty appliances, etc.) with the owners before filing a formal complaint.  The owner may not be aware of these minor problems. THE CLIENT AND PWL EACH ACKNOWLEDGE AND AGREE THAT THE RENTAL AND THE PARTIES’ RESPECTIVE RIGHTS AND OBLIGATIONS WITH RESPECT THERETO, AS SET FORTH IN THESE BOOKING CONDITIONS, SHALL BE CONSTRUED IN ACCORDANCE WITH AND BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO WITHOUT REFERENCE TO ITS PRINCIPLES OF CONFLICT OF LAWS. THE PARTIES FURTHER AGREE THAT ANY QUESTION BROUGHT IN CONNECTION WITH THE RENTAL OR THESE BOOKING CONDITIONS SHALL BE BROUGHT IN THE STATE COURT LOCATED IN JEFFERSON COUNTY, COLORADO AND IN FEDERAL COURTS LOCATED IN THE CITY AND COUNTY OF DENVER, COLORADO. In the event that any action or proceeding is brought to interpret or enforce any provision contained in these Booking Conditions or otherwise in connection with the rental of the Property contemplated hereby, the prevailing party in any such action or proceeding shall be entitled to recover from the other party, in addition to any other right or remedy which may be awarded, its reasonable attorneys’ fees and costs incurred in connection with such action or proceeding.

·SUPPLEMENTARY CHARGES:  Linens and end-of-stay housekeeping are typically included in the price of the rental home, although some owners charge for these separately.   Extra cleaning can be ordered from the owner at a charge to the client. The client will be responsible for payment of telephone charges and for any other services requested from and provided by the owner.

·SECURITY DEPOSIT: The client will be liable for any damage to the Property or its contents, as well as for payment for any incidental charges or fees (such as telephone charges, the cost of any additional services requested from the owner, the owner’s representative or PWL’s representatives in France, and similar items) not settled prior to the client’s departure from the Property.  Depending on the Property, the client will either be asked to pay a specific deposit amount with the client’s balance payment, in which even the deposit will be held in trust by PWL on behalf of the owner and the client for approximately two to four weeks after the client’s departure, or the client will be asked to pay the security deposit in local currency to the owner.  If PWL holds the security deposit, PWL will be authorized to draw against the deposit for the amount required to make any repairs or replacements to the Property or its contents or to offset any unpaid charges or fees, and the balance shall be refunded, with full documentation of the charges. The amount of the security deposit shall not limit the amount of the client’s liability for damage or destruction to the Property caused by the client or the client’s invitees or guests; the client shall be liable for the full cost of repairing or restoring any damage caused by or through the client. 

·CLEANING: End-of-stay cleaning is typically included in the price of the rental, however PWL and the owner request that you leave the home in a neat and orderly condition upon departure.  Clients are expected to respect the home as if it were their own.  Most owners expect clients to strip beds of sheets, to place dirty dishes and glassware in the dishwasher, and to properly dispose of garbage prior to departure.

·GARBAGE:  The owner will advise clients of garbage collection days and where to place it. If there are no instructions on where to place the garbage, assume that you will take it to the nearest community bin.

·INSURANCE:   PWL strongly suggests that the client ensure that the client’s domestic insurance policies cover the client and the client’s guests and invitees in the event of injury to person or property or in the event of illness while in France.  By agreeing to this rental and entering into the Booking Contract, the client releases the owner of the property and PWL from any and all claims for liability and damages to the client’s guests’ and invitees’ person or property in connection with this rental arising as a result of the negligent or willful act or omission of the client or any of the client’s guests or invitees, and agrees to indemnify and hold harmless the owner, PWL and their respective agents and representatives from and against any costs, losses, damages or liability resulting from such acts or omissions.

·POOL USE: Generally, the pool will be open from June 1 through September 30, although it may be open before June 1 or beyond October 1, weather permitting. If available at the particular property, heating outside of the regular pool season may be arranged through the owner at an additional charge. It is the responsibility of the client and the client's adult guests and invitees to be present when children are using the pool and to keep children out of the pool area when it is not in use. PWL and the owner of the house are not responsible for any accidents or damages occurring at the pool site. Please refer to LIABILITY clause above.

- DESCRIPTION AND PHOTOS: The client acknowledges and agrees that the narrative description and photos of the Property included on the PWL website and other promotional materials present a good-faith representation of the Property, and accurately reflect, in all material respects, the furnishings, character and condition of the Property to the best knowledge of PWL. The client further acknowledges and agrees, however, that the owners of the rental properties represented by PWL are frequently upgrading, improving and renovating such properties, and the actual furnishings in place at the Property during the client's rental period may differ from those described in the narrative or displayed in the photos used by PWL as of the date of the Booking Contract.

-SMOKING; PETS: Smoking is typically not permitted inside any of PWL's properties, and pets are allowed at only a few properties.

·ENTIRE AGREEMENT: The Booking Contract embodies the entire understanding and agreement among the parties with respect to the rental of the Property contemplated thereby, and supersedes all prior negotiations, understandings or agreements in regard thereto, whether written or oral.  This Booking Contract may not be amended or modified in any material respect except by the mutual written agreement of the parties.

Additional Rental Terms--Paris Apartments

1.  The client must personally occupy the apartment for the agreed-upon dates and may not sub-let the apartment under any conditions.

2.  The client is expected to be respectful of neighbors, and should not make excessive noise that would disturb other people in the building or neighbors, as adjoining walls are often thin and that noise travels easily in apartments.

3.  The client is expected to inform the owners of the Property immediately if any damages occur to the apartment or the objects in the apartment during your stay.

4. The client acknowledges that re-keying locks is extremely expensive in Paris, and in the event that the client loses the key to the Property, the client will be responsible for the cost of re-keying the locks, which may cost as much as 800-1,000 euros.

5.  The number of people occupying the apartment at any given time must never exceed the maximum allowed for the apartment.  The size of the client’s party will be determined at the time of reservation and included on the Booking Form.  The owner and PWL declines all responsibility for any object stolen from the apartment.  We suggest that clients confirm coverage of personal items with the client’s domestic insurance carrier.