Booking Terms and Conditions - Provence
BOOKING TERMS AND CONDITIONS
Joie de Vivre (JDV) Holidays – Provence
(“Terms”)
Please read these Terms and Conditions carefully prior to making any booking
Welcome to JDV Holidays. By engaging our Services, you agree to be bound by these Terms, the PID(Property Information Document) as well as any and all terms posted on our Website and JDV Booking Form from time to time.
DEFINITIONS
Guest means the main adult in the party staying at the Holiday Rental who is over 18 yrs and is responsible for all other persons staying or visiting the Holiday Rental.
JDV Booking Form means the reservation form the Holidaymaker fills in containing information about their requested booking.
Holiday Rentals means the short-term rental properties available from time to time on or through our Website.
PID means the Property Information Document with the relevant specific details of your Holiday Rental.
Services means our holiday booking, reservation and related services.
Total Booking Price means the full amount of the Holiday Rental including any stipulated fees, security and other deposit amounts.
We, Our and Us means HJ and CI Bowles t/a Joie de Vivre (ABN 74 003 741 293) including its employees, contractors and affiliates.
Website means the JDV website at www.jdvholidays.com
You and Your means anyone using our Services.
The following terms and conditions form the basis of your contract with the Property Owner.
Your Booking and Payment
Our Holiday Rentals are subject to market availability. While we will endeavour to accommodate all requests and preferences, this may not always be possible and if this occurs, we will make alternative recommendations for your consideration.
All Holiday Rentals are booked on a first-come first-served basis. Holiday Rental dates are confirmed only upon receipt of a non-refundable deposit and completed JDV Booking Form.
To reserve a Holiday Rental, you must complete and submit the JDV Booking Form and return it together with payment of the a non-refundable deposit equating to 25% of the total price for the Holiday Rental in the currency nominated in the JDV Booking Form including any security or other deposit amount. The booking form must be signed or electronically submitted by a Guest who will be present and accepts responsibility for the contract and terms. In addition, the Guest must be over 18 years of age and when booking the Property, accepts all of the Terms and Conditions on behalf of any and all persons staying at the Property.
We strongly advise that you do not book your flights or travel until we have confirmed your dates and you have received the formal acceptance of your booking from JDV Holidays.
Following receipt of the JDV Booking Form and deposit, JDV will send an email to confirm your booking. Please check your holiday and booking details carefully at this point and contact us immediately if the information is incorrect, incomplete or anything is unclear.
The balance of the booking price for the Holiday Rental is payable not less than fourteen (14) weeks before the start of the rental period noted on the JDV Booking Form and in your confirmation. If payment is not received by the due date, JDV Holidays reserves the right to give notice in writing/by email that the reservation is cancelled and charge a cancellation fee.
The Total Booking Price must be paid for reservations made within fourteen (14) weeks of the start of the rental period for the Holiday Rental.
LATE ARRIVALS, TRAVEL ISSUES AND INSURANCE
We Strongly recommend that you take out appropriate comprehensive travel insurance to cover any late or missed nights, missed flights or other issues you may experience. The insurance should provide cover against all costs, losses and liabilities that may arise in connection with medical or health issues, personal injury, personal property, personal liability, cancellations, travel delays, damage to Holiday Rental, alterations to travel, acts of god and any other relevant situations that may arise with your travel.
Cancellations Changes and Alterations
All change requests and cancellations must be notified to JDV Holidays in writing/email and the date this correspondence is received by JDV Holidays will be used to, where applicable, calculate any refund due to the Guest.
Cancellation charges apply as follows per Holiday Rental property generally:
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Number of days before start of holiday when cancellation is notified to the JDV Holidays
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Cancellation charge as % of Total Booking Price
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70+
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25
|
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69-39
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50
|
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38 - 0
|
100
|
Cancellation exceptions for the following properties: all apartments at the Old Gendermerie, Apartment St David, Apartment St Matthais, Apartment St Fabien, Villa St Serge, Villa St Florence, Villa St Brice, Villa St Muriel, Villa St Paulane, Mas St Maggie, Villa St Carine, Villa St Camille, Mas St Delphine, Bergerie St Bathelemy, Villa St Aubin, Maison St Helene, Mas St Amandine, Bergerie St Pierre, Mas St Ludivine, Villa ST Victoria - where the charges are outlined below;
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Number of days before start of holiday when cancellation is notified to JDV Holidays
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Cancellation charge as % of Total Booking Price
|
|
93+
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25
|
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92- 39
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50
|
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38- 0
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100
|
Even where your final payment of your Total Booking Price has not been received, the above timescales and charges for cancellation apply.
You need to confirm with your insurance broker and policy to see if you may be able to reclaim these charges under the terms of your individual insurance policy.
In the unlikely event that JDV Holidays have to cancel or amend your chosen accommodation due to unforeseen circumstances such as property damage, or other issues which make the Holiday Rental unavailable, we will strive to offer you a comparable or better alternative. If this is not possible or if you are not happy with the alternative Holiday Rental, we will refund in full all monies you have paid us for your accommodation but will not be under any further liability.
Price
Once you have received a booking confirmation from JDV Holidays, the price of your holiday accommodation is fixed in that currency. JDV Holidays reserve the right to change the advertised price of a property at any point until a deposit and a completed JDV Booking Form is received and written confirmation of a booking is issued by us. Any deposit made prior will be refunded if you have not received a confirmation and there is a price change to your booking.
Please note: we are not responsible for and cannot guarantee any price other than the currency quoted, There may, from time to time, be foreign exchange movements in the currency you have booked in. We are not responsible for and we do not, at any time, accept any foreign currency exchange differential, risk or other pricing. All our prices are quoted in the currency indicated and any final payment is made in that currency, at that rate.
The Guest is responsible for all exchange rate fluctuations including and up to the time of final payment. The prices shown on our website are current at the time of publication but due to exchange rate fluctuations, there may be variation in the final payment due depending on the currency. You need to ensure you are aware and keep track of any foreign exchange rate fluctuations.
Details of your Accommodation
Once JDV Holidays has received the full payment for your Holiday Rental, we will send you an individual PID. This contains the specific details of your Holiday Rental, including items such as house rules, end of stay cleaning, linen and towel provision, electricity/gas/heating costs, tax de sejour, baby facilities, parking, internet, telephone facilities and other accommodation details.
The information given in the PID and provided on our website has been compiled with all reasonable care to ensure that the description and details of the Holiday Rental are correct and accurate. We undertake to advise you of any subsequent changes which become known to us and which may amount to a material alteration in the Holiday Rental or in the details supplied to you, however, we cannot be held liable for changes which occur which may be outside our reasonable control.
Your Booking Form confirms when the rental period shall commence and finish. You and your party must not arrive earlier or stay beyond the nominated rental period stated on your JDV Booking Form.
The JDV Website, PID and JDV Booking Form also confirm the maximum number of persons permitted to stay in the Holiday Rental which must not be exceeded. In the event that you breach either or any other of our Terms, you may be charged an additional fee.
Some of our Holiday Rentals require a pre-paid security/damage deposit from you, as stated in the PID. This security deposit is held until we have confirmation of no damage to the Holiday Rental. It will be returned within 7 days of your departure provided there is no damage caused to the Holiday Rental.
We ask that you report any issues to JDV Holidays immediately including any defects, issues, concerns or breakage in the Holiday Rental so we may address as soon as possible. Arrangements for repair and/or replacement will be made by JDV Holidays and we will notify you of such repair or replacement once we have made appropriate arrangements.
Complaints
In the unlikely event you are dissatisfied with any aspect of your holiday accommodation, you should contact us immediately to give us an opportunity to address the issue. Should we receive written notification of a complaint, we will endeavour to deal with this in a professional and speedy manner.
The obligation on your part to contact us whilst you are at the Holiday Rental gives us the opportunity of carrying out remedial action. We accept no liability for any claims not dealt with in accordance with these Terms and in particular where we are not given an opportunity to rectify the matter.
AUSTRALIAN CONSUMER LAW
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for the Statutory Rights.
When the Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
- The supply of any services again; or
- The payment of the cost of having any services supplied again.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
LIMITATION OF LIABILITY AND DISCLAIMERS
It is an essential pre-condition to you engaging our Services that you agree and accept that JDV Holidays are not legally responsible for any loss, injury or damage you may suffer related to your use of the website or our Services. Your use of, or reliance on, any information or materials on this website and our Services is entirely at your own risk, for which we shall not be liable.
Liability
To the fullest extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and these Terms except those set out, including but not limited to:
(a) implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in the Terms;
(b) our Services being unavailable; and
(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your use of the Services, the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.
INTELLECTUAL PROPERTY
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.
All other trademarks or service marks within this Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or name of ours or of any other owner.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
WHOLE AGREEMENT
These Terms represent the whole agreement between you and us concerning your use of our Services. No other term is to be included in this agreement except where it is required to be included by the law. All implied terms, except those which cannot be expressly excluded by law, are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
If any clause in these Terms is not enforceable in a court of law, that clause will be excluded from the Terms and the rest of the Terms will continue to be fully enforceable.
JURISDICTION
These Terms and any disputes regarding the Terms, are governed by the laws of South Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of South Australia, Australia for determining any dispute concerning these Terms.
