Terms and Conditions

  1. The properties known as Villa la Genevriere and the Dolphins at Penlee are offered for holiday rental subject to confirmation by J F Gittus ("the owner") to the renter ("the client").
  2. To reserve the Property, the Client should complete and sign the booking form and return it together with payment of the initial non-refundable deposit (33% of the total rent due).  Following receipt of the booking form and deposit the Owner will send confirmation.  This is the formal acceptance of the booking.
  3. The balance of the rent together with the security deposit (see clause 4) is payable not less than two calendar months before the start of the rental period.  If payment is not received by the due date the Owner reserves the right to give notice in writing that the reservation is cancelled.  The client will remain liable to pay the balance of the rent unless the Owner is able to re-let the Property.  In this event clause 5 of these terms and conditions will apply.  Reservations made within two months of the start of the rental period require full payment at the time of booking.
  4. A security deposit of €250 for Villa la Genevriere is required in case of, for example, damage to the Property or its contents.  This security deposit is payed directly to the caretaker when he calls around to confirm
    their safe arrival and demonstrate how the pool, alarms and other
    equipment works.  However, the sum reserved by this clause shall not limit the Client's liability to the Owner.  The Owner will account to the Client for the security deposit in the sterling equivalent and refund the balance due within two weeks after the end of the rental period.    If you decide to make use of my private telephone land line whilst in France then the refund will be made after the relevant telephone bill is received. Whilst no security deposit will be taken for The Dolphins the client will remain responsible for reimbursing the cost of any damage occurring during the holiday period.
  5. Subject to clauses 2 and 3 above, in the event of a cancellation, refunds of amounts paid will be made if the Owner is able to re-let the Property, and any expenses or losses incurred in so doing will be deducted from the refundable amount.  The client is strongly recommended to arrange a comprehensive travel insurance policy (including cancellation cover) and to have full cover for the party's personal belongings, public liability etc, since these are not covered by the Owner's insurance.
  6. The rental period shall commence at 4.00 pm on the first day and finish at 10.00 am on the last day (both days being a Saturday).  The Owner shall not be obliged to offer accommodation before the times stated and the Client shall not be entitled to remain in occupation after the time stated.
  7. The maximum number to reside in the Property must not exceed 10 at Villa la Genevriere except by special arrangement, and 4 at Dolphins at Penlee.  No camping is permitted under the local laws protecting the springs and the local water supply in France.
  8. Nothing must be done to endanger the local water supply at Villa la Genevriere.  This includes the emptying of any chemicals onto the grounds of the Property or acting in any way which would clearly represent a threat to the quality of water drawn off the springs for consumption in local villages.
  9. Nothing must be done that might result in a fire risk either to the property or the surrounding area which includes a substantial forest area. The property is strictly non-smoking.
  10. The usual policy is that pets are not permitted in France and never under any circumstances at The Dolphins. If any exception is made to this rule in France then a guarantee is required as to their good behaviour, and pets must be kept downstairs at all times away from beds and furniture and they are strictly banned from entering the swimming pool – not least because their hairs can ruin the filters and mechanism cleaning and heating the pool. Any hairs within the property or the pool area must be swept up by the client before they leave.
  11. The Client agrees to be a considerate tenant and to take good care of the Property and to leave it in a clean and tidy condition at the end of the rental period.  Although a routine clean is included in our prices, the Owner reserves the right to make a retention from the security deposit to cover additional cleaning costs if the Client leaves the Property or its equipment in an unacceptable condition.  The Client also agrees not to act in any way which would cause disturbance to those resident in neighbouring properties in France or apartments in Fowey.
  12. The Client shall report to the Owner's agent without delay any defects in the Property, garden or land, and arrangements for repair and/or replacement will be made as soon as possible.
  13. The Owner shall not be liable to the Client for:
    1. any temporary defect to or stoppage in the supply of public services to the Property, nor in respect of any equipment, plant, machinery or appliance in the Property or garden or land.
    2. any loss, damage or injury which is the result of adverse weather conditions, riot, war, strikes or other matters beyond the control of the Owner.
    3. any loss, damage or injury which is the result of the Client or any member of his or her party being negligent or not taking reasonable care.
    4. any loss, damage or inconvenience caused to or suffered by the Client if the Property shall be destroyed or substantially damaged before the start of the rental period and in such event, the Owner shall, within seven days of notification to the Client, refund to the Client all sums previously paid in respect of the rental period.
  14. We reserve the right to act through the caretaker to evict any parties who are acting dangerously or recklessly in a manner that might damage the apartment, the building in general or individuals.
  15. Under no circumstances shall the Owner's liability to the Client exceed the amount paid to the Owner for the rental period.
    This contract shall be governed by English law in every particular including the formation and interpretation and shall be deemed to have been made in England.  Any proceedings arising out of or in connection with this contract may be brought in any court of competent jurisdiction in England.