General Terms and Conditions of Sale

General Terms and Conditions of Sale

I Application

These general terms and conditions of sale (hereinafter referred to as “GTC”) apply to sales transactions concluded by La Case Mauï (hereinafter referred to as “the Lessor”) with the Client.

They cancel and replace any previous version that may have been put online and/or accepted by the Client.

These GTC apply to all use of the site, in particular to the marketing by internet and telephone of all services offered on the Site by the Lessor La case Mauï.

It is therefore imperative that the Client carefully read the T&Cs that are referenced by hypertext link on each page of the site. In particular, he is advised to download and/or print them in order to keep a copy on the day of his order as soon as they are likely to be modified, it being specified that such modifications will not be applicable to orders for Services made previously.

The GTCs may be supplemented by specific terms and conditions of sale appearing on the description of the service as well as by the terms and conditions of sale of the service providers, accessible either on their website or on site.

II Capacity

The Client acknowledges having the capacity to contract, i.e. to have reached the age of legal majority and not to be under guardianship or tutelage.

The Client also declares that he uses the Site in accordance with these GTCs, in his own name and in the name and on behalf of all the beneficiaries of the services ordered by him on the Site for which he acknowledges being the agent (hereinafter: the “Tenant”) and to whom these GTCs shall be enforceable.

The Client is financially liable for the use of the Site made both in his own name and in the name of the Tenant, unless he can prove fraudulent use not resulting from any fault or negligence on his part.

The Client guarantees the veracity and accuracy of the information provided by him in his name and on behalf of all Beneficiaries using his data on the Site.

The Mauï box reserves the right at any time not to contract with a Client who makes fraudulent use of the Site or who contravenes these GTC.

In this respect, the terms of Article 313-1 of the French Penal Code are recalled:

Fraud is the act, either by the use of a false name or status, by the abuse of a true status, or by the use of fraudulent manoeuvres to deceive a natural or legal person and thus determine, to his prejudice or to the prejudice of a third party, to remit funds, securities or any property whatsoever, to provide a service or to grant an act operating obligation or discharge. The fraud is punishable by five years’ imprisonment and a fine of €375,000. “.

III Right of withdrawal

In accordance with the provisions of Article L. 121-21-8 of the Consumer Code, the services offered on the Site by La case Mauï are not subject to the application of the right of withdrawal provided for in Articles L. 121-21 et seq. of the Consumer Code in respect of distance selling.

Consequently, the services ordered on the Site are exclusively subject to the cancellation and modification conditions provided for in these GTC and the Client may not invoke the right of withdrawal.

IV Prices

Prices are indicated in Euros.

The rates, terms and conditions of a reservation are intended for the sale of an apartment in accordance with their primary purpose (accommodation). La Case Mauï reserves the right to change the rates, terms and conditions, or simply to cancel the booking, if the apartments are used for other purposes such as photo shoots, film shoots, showroom, or interview….

The prices mentioned on the website are subject to change without notice and only the price mentioned in the booking confirmation is contractual.

The prices are per apartment for the number of people indicated according to the capacity of each apartment and according to the selected period.

The prices indicated include only the services strictly mentioned in the reservation. To the price mentioned in the reservation will be added the additional services provided by La case Mauï during the stay and the tourist tax which is invoiced per person and per night. It is to be paid on site at La Case Mauï and amounts to 0.31 € per person per day. This will be returned to the TCO by LA CASE MAUI.

A cleaning, laundry and logistics package is mandatory for each stay. It varies from 50€ to 70€ depending on the apartment rented.

The prices mentioned on the Site are subject to change at any time by La case Mauï without prior information or notice. Only the price indicated in the booking confirmation by La case Mauï is contractual.

No stay booked before the implementation of a possible promotional offer will be refunded, even partially.

Privatization of the premises may result in special conditions and/or additional costs. Please contact La Case Mauï +262 692 950 202.

V Online orders

The Customer must, at the time of placing his order:

– fill in the identification form on which he will indicate all the requested contact details or give his Customer number if he has one,

– complete the online order form by giving all the references of the selected products or services,

– validate his order after checking it,

The confirmation of the order implies acceptance of these terms and conditions of sale, recognition of having full knowledge of them and waiver of the right to invoke its own terms and conditions of purchase or other conditions.

All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.

The Mauï box transmits to the Client, by any means (electronic mail, simple mail, fax, etc.), the confirmation of the recorded order.

The reservation is only firm and definitive after receipt of the confirmation sent to the Client by La case Mauï.

VI Online payment methods

The price is due in part at the time of placing the order.

In all cases and in order to guarantee his reservation, the Client is requested to communicate his credit card number, the transmission being made by secure mode.

In the event of payment at the time of placing the order, the credit card information transmitted by the Customer through a secure system to La Case Mauï allows the latter to debit the card for the amount defined, always in a secure manner. The Customer’s bank account is debited on the day of the order, the invoice being sent by La case Mauï to the Customer on the day of his departure from the apartment.

Please note that the credit card used to make the reservation must be presented upon arrival by its holder. Otherwise, a new credit card will be required for payment on arrival.
In the case of a third party taking charge of the stay, the Mauï box will require documents for the security of the transaction.
Please also note that La case Mauï reserves the right to perform a pre-+= ::

VII Method of the security deposit

As the security deposit is not cashed, only a credit card imprint will be accepted.

The guarantee may also be used by La Case Mauï in the event of cancellation fees, partial or total non-payment of sums due for the rental service, in the event of non-presentation (see VIII Modifications and/or cancellation of a reservation), in the event of damage, whether voluntary or not, for the replacement of missing items recorded on the customer’s departure or theft from the residence for possible repair costs in the accommodation or common areas, and more generally for the proper performance of the rental contract.

VIII Modification and/or cancellation of a reservation

Cancellations and/or changes to bookings may be authorized throughout the year (except for certain special events).

Cancellations are free of charge at least 60 days before the beginning of the stay.

The Mauï box may charge 50% of the stay to the Client if the cancellation occurs more than 60 days before the beginning of the stay. For any questions please contact La case Mauï + 262 692 950 202.

If the reservation is made on our website, it is imperative to reconnect through this means to modify or cancel your reservation, by clicking on “modify or cancel a reservation”.

The modification and/or cancellation of a reservation is only firm and definitive after receipt of a confirmation by email from La case Mauï.

The date of receipt of the modification and/or cancellation request (by email, mail, telephone) is the date set for the cancellation so that the Customer cannot claim any refund.

In case of non-presentation of the Client in the Mauï box and in the absence of cancellation:

– the total amount of the reservation will be due to La case Mauï

In addition, for a stay of at least 2 nights, if the Client does not show up on the first day of the stay, La Case Mauï is not required to keep the room for the remaining duration of the stay.

The Client is requested to plan an arrival before 6:30 pm and to inform La Case Mauï in case of late arrival, otherwise he/she will be considered as not having arrived on the first day of the stay.

X Force majeure

Force majeure refers to any event outside the parties that is both unforeseeable and insurmountable and prevents either the Client or La Case Mauï from fulfilling all or part of the obligations provided for in the contract. This is particularly the case in the event of a red alert during a cyclone period (November to March), in the event of total or partial destruction of the residence, disaster, fire, internal or external technical accident and generally in the event of any event that does not allow the service to be properly performed.

It is expressly agreed that force majeure suspends the performance of the parties’ mutual obligations and that each party shall bear the costs arising therefrom.

It is expressly agreed that force majeure suspends the performance of the parties’ mutual obligations and that each party shall bear the costs arising therefrom.

XI Complaints

Any complaint must be sent by registered mail to the following address: La case Mauï 33 ter route du Trou d’eau 97434 Saline les bains, and this within 15 days following the departure of the stay that is the subject of the said claim. After this period, no complaint can be taken into account.

XII Handing-over of the keys

On the date, time and at the “La Case Mauï” residence, the keys will be handed over and the accommodation made available to the tenant against:

– Payment of the balance of the stay

– Payment of the guarantee by bank imprint

– The signature of a rental contract in duplicate, these general rental conditions, internal regulations and an inventory of the premises.

XIII Information technology and freedom

n accordance with law 78-17, known as the Data Protection Act, customers are informed that their reservation is subject to computerised nominative processing. Customers have a right of access and rectification of the data entered, which is exercised at the registered office: La case Mauï 33 ter route du Trou d’eau 97434 Saline les bains. It is specified that this information is not communicated to third parties.

XIV RESPONSABILITES

The Mauï box declines all responsibility in the event of theft, loss, damage to belongings belonging to customers during their stay.

The Client shall be held liable for any damage, deterioration or act of vandalism that may occur as a result of the occupation of the premises and/or by the participants and/or persons for whom he is responsible, whether or not to the movable, decorative or immovable property belonging to La Case Mauï. As a result, La Case Mauï has every right to ask the Client to leave the establishment without any compensation and without any reimbursement of the current stay, and to reimburse the damage caused by these acts.

La case Mauï, in the online sales process, is only held by an obligation of means. Its liability cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service disruption, or other unintentional problems.

XV Internet access

The Internet connection is reserved for personal, non-commercial and reasonable use, in compliance with current legislation and intellectual and artistic property. The user is responsible for the proper use of the service and undertakes to guarantee La Case Mauï against any action or recourse brought by a third party as a result of its actions, particularly on the Internet network. Access to the service is reserved for individuals of legal age, up to date with their financial obligations towards La Case Mauï and with equipment with Wifi connection and/or Ethernet socket. The Mauï box declines all responsabilité́ in case of non-operation of the user’s equipment or incompatibility with the Internet access service.

The proposed Internet access may not be used in any way for the purpose of reproducing, representing, making available or communicating to the public works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the holders of the rights provided for in Books I and II of the Artistic and Industrial Literary Property Code.

Illegal downloading is a criminal offence punishable by three years’ imprisonment and a fine of €300,000 for individuals, multiplied by five for legal entities.

XVI Apartment occupancy rules

The dwelling is occupied for residential purposes, with the number of persons named in the rental contract.

It may not be used for a professional activity or for the exercise of an activity contrary to French law and morality.

The tenant will be entirely responsible for any neighbor disturbances of which he or one of the occupants on his behalf is guilty.

The tenant must respect the safety instructions and the rules of occupation applied in the premises, which will be set out in the Internal Regulations.

The presence of animals is prohibited in the rental.

The accommodation is non-smoking.

The use of the Internet by the tenant is subject to the French legislation in force and will remain the responsibility of the tenant if he derogates from this legislation. He also declares that he is fully and personally responsible for any additional costs related to the sites he visits.

The Mauï square has one parking space per free apartment located in the courtyard of the neighbor community.

XVII Insurance – Responsibility

The Mauï box specifies that whatever the duration of the stay, his insurer does not cover:

Damage to vehicles parked in outdoor car parks or made available
Damage to third parties
Theft, damage or disappearance of personal effects in the apartments, including in the common areas, car parks and any other outbuildings or annexes of the residence
La Case Mauï cannot be held liable for any of these reasons. As this rental contract is subject to the status of serviced residences or tourist residences, the provisions of Articles 1952 et seq. of the Civil Code, relating to hoteliers, are not applicable.

XVIII Electronic signature

The Client expressly acknowledges that the technique known as the “checkbox” or “initials” technique constitutes an electronic signature which has, between The Client and The Mauï box, the same value as a handwritten signature.

XVI X Applicable Law

These General Terms and Conditions of Sale are governed by French law. This is the case for both substantive and formal rules. Disputes will fall under the exclusive jurisdiction of the French courts.

Apartments are available for entrances from 14:00 to 18:00
Exits are made at the latest at 11am

The apartments must be vacated before 12:00 pm

If you wish, with a possible supplement, an early arrival or late departure is possible subject to our availability.

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