Terms & Conditions of Sales
GENERAL TERMS AND CONDITIONS OF SALE
Accommodation bookings
I. Scope
These General Terms and Conditions of Sale, hereinafter the "Terms", govern accommodation bookings made with La Forestière, either directly or through a third-party platform, under the conditions set out below.
For direct bookings, the Terms are provided or made accessible to the customer before the customer accepts the booking.
The Terms also apply to bookings made through a third-party platform, including Booking.com, where a clear reference to these Terms is displayed and a link or equivalent means enables the customer to read them before confirming the booking.
In such cases, these Terms supplement the platform terms, rate conditions and special conditions displayed during the booking process. In the event of any conflict, the platform rules or the special conditions of the booking shall prevail in relation to the matters they expressly govern, including payment, cancellation, changes, no-shows, refunds and collection of tourist tax.
The applicable Terms are those accepted at the time of booking. They are supplemented by the accommodation description, the applicable annexes, the booking confirmation and any special conditions brought to the customer's attention before the customer commits to the booking.
II. Business identification
La Forestière, trading name operated by:
Frédéric GENRIES-MEMMI, sole trader
2560 route de la Grésigne
82230 Monclar-de-Quercy - France
SIREN: 842 505 323
SIRET: 842 505 323 00019
Trade and Companies Register (RCS): 842 505 323 RCS Montauban
Email: fred.genries@gmail.com
Telephone: 06 61 95 08 62
La Forestière offers in particular:
• guest rooms (chambres d'hôtes);
• an independent holiday cottage known as "Le Pigeonnier";
• themed stays and special offers.
III. Pre-contractual information and characteristics of the services
Before the contract is concluded, the customer receives or may consult the essential characteristics of the accommodation and the relevant offer: description, location, maximum occupancy, main facilities, included services, price, taxes, possible supplements, arrival and departure times, and payment and cancellation conditions.
For guest rooms, the service includes the overnight stay and breakfast, unless more favourable special terms are stated.
For Le Pigeonnier holiday cottage, the description and fixed rental conditions are set out in Annex 2. The details specific to each stay - the customer's identity, dates, duration, number of occupants, price and any options - are stated in the booking confirmation sent by La Forestière or issued by the platform. Together, these documents form the written description and the short-term holiday rental contract, in accordance with Article XXIII.
Photographs and other visual materials are for illustrative purposes. La Forestière endeavours to present the premises accurately. Changes may be made to incidental decorative or furnishing elements, provided they do not alter the essential characteristics of the service.
The customer acknowledges having checked before booking that the accommodation meets the customer's needs, particularly with regard to its capacity, accessibility and advertised facilities.
IV. Prices and tourist tax
Prices are stated in euros and include all taxes where a tax is applicable. The price binding on the customer is the price shown in the offer or summary brought to the customer's attention before booking.
Unless otherwise stated:
• optional services are not included;
• tourist tax is charged separately at the applicable statutory rate and only for nights actually used;
• tourist tax is collected by La Forestière and paid to the competent local authority, except where the platform collects and pays it directly;
• personal expenses and services ordered on the premises are invoiced separately.
Any new tax or change to an existing tax imposed by a legal or regulatory provision that applies directly to the stay may be passed on strictly to the extent required by that provision.
V. Booking and formation of the contract
1. Direct bookings
La Forestière provides the customer with a summary stating at least the accommodation or offer selected, the dates, number of guests, price, included services, payment terms, cancellation conditions and access to these Terms.
No specific wording is required for the customer to accept a booking.
Acceptance may result in particular from:
• confirmation of the booking through a platform or booking module;
• payment of the advance payment or the full price after receipt of the summary and the Terms;
• a simple confirmation sent by email, SMS or messaging service;
• any other act that unequivocally expresses the customer's agreement.
When a booking is requested by telephone, La Forestière promptly sends the customer, by email, SMS or messaging service, a confirmation stating the essential details of the stay and the applicable Terms, in a form that can be retained.
The booking is confirmed by payment, electronic validation or confirmation from the customer. The booking summary and these Terms are provided no later than before the stay begins.
Where the call constitutes telephone canvassing initiated by La Forestière, the specific legal rules applicable to telephone canvassing shall be observed.
2. Bookings through a platform
A booking made through a platform becomes binding in accordance with that platform's validation process and the conditions displayed to the customer before the customer commits. The confirmation issued by the platform identifies, in particular, the accommodation, dates, declared occupants, price and applicable rate conditions.
Where they differ, the payment and cancellation conditions displayed by the platform for the relevant booking shall prevail over the general rules in Articles VI, IX and X.
3. Accuracy of information
The customer must provide accurate, complete and up-to-date information. Any manifestly incorrect, incomplete or fraudulent information that jeopardises performance of the stay may result in refusal of the request or, following formal notice where appropriate, termination of the booking due to the customer's breach.
4. Failure to pay following a direct booking
If payment is not made by the due date, La Forestière sends a written reminder granting the customer an additional period of twenty-four hours. If payment is still not made, La Forestière may give written notice terminating the booking and immediately offer the accommodation for sale again.
Termination is not automatic: until it has been expressly notified by La Forestière, the booking remains binding and the contractual obligations continue to apply.
VI. Advance payment and payment schedule
1. Nature of the advance payment
By express agreement, and in derogation from the default French legal rules governing cancellation deposits (arrhes), any sum described as an advance payment (acompte) constitutes an initial payment credited against the total price and firmly binds both parties.
2. Guest rooms - direct bookings
The advance payment is calculated on the total price of the stay, excluding tourist tax and optional services payable on the premises:
• 1 night: 100% of the total price;
• 2 nights: 80% of the total price;
• 3 to 4 nights: 75% of the total price;
• 5 nights or more: 70% of the total price.
The advance payment is payable within forty-eight hours of confirmation. Any remaining balance is payable on arrival, unless different special conditions have been expressly accepted.
3. Le Pigeonnier holiday cottage - direct bookings
An advance payment of 50% of the total price of the stay, excluding tourist tax and optional services payable on the premises, is due within forty-eight hours of confirmation.
The balance is payable fourteen days before arrival. Where the booking is made fourteen days or less before arrival, the full price is payable within forty-eight hours of confirmation and, in all cases, before the keys are handed over.
4. Platforms and special offers
For a booking made through a platform, the payment schedule and collection method displayed at the time of booking shall apply.
A special offer may provide for a different payment schedule, provided it is brought to the customer's attention before the customer commits. The special conditions for the New Year's Eve stay are set out in Annex 3.
5. Consequences of cancellation
The advance payment is credited against the price. In the event of cancellation, the amounts retained or remaining payable are determined by Article IX, the conditions displayed by the platform or the special conditions of the relevant offer. If the amounts already paid exceed the applicable cancellation charge, the difference shall be refunded within a maximum of fourteen days.
The keys may not be handed over and the customer may not take possession of the accommodation until all amounts that have fallen due have been paid in full.
VII. Payment methods and security
Payments may be made, in accordance with the arrangements stated in the confirmation:
• by bank transfer or instant bank transfer;
• by cheque, provided the funds have cleared before the due date;
• by payment card using a secure payment link;
• exceptionally, by payment card or cash on the premises where La Forestière has accepted this in writing;
• through the platform where the platform collects the payment.
Bank details and payment links are provided in official communications from La Forestière or through the platform's secure interface. Customers are advised to verify any unusual request to change bank details by contacting the establishment directly using the number stated in Article II.
A payment is deemed to have been made only once the funds have actually been received.
Where a fixed, liquid and due amount remains unpaid, La Forestière may, after a formal notice has remained without effect, claim interest at the statutory rate and initiate the debt-recovery procedures permitted by law.
VIII. No right of withdrawal
In accordance with Article L.221-28, 12° of the French Consumer Code, the right of withdrawal may not be exercised in respect of accommodation services, other than residential accommodation, to be provided on a specific date or during a specified period.
Accordingly, a binding booking for a specified stay is not eligible for the fourteen-day withdrawal period applicable to certain distance contracts.
IX. Cancellation by the customer
Any cancellation must be notified in writing, by email, through the platform's messaging service or by post. The date on which La Forestière or the platform receives the notice determines the applicable cancellation scale.
Unless different special conditions or platform conditions were brought to the customer's attention before booking, the cancellation charge is as follows:
• cancellation received more than thirty days before arrival: 30% of the total price of the stay;
• cancellation received between thirty and fifteen days inclusive before arrival: 50% of the total price of the stay;
• cancellation received fourteen days or less before arrival: 100% of the total price of the stay;
• no-show: 100% of the total price of the stay.
These charges reflect the accommodation being held for the customer, the steps already taken and the increasing difficulty of re-letting it as the arrival date approaches.
Where the amounts already paid are less than the applicable charge, the balance is payable within seven days of La Forestière's written request. Where they exceed that charge, La Forestière shall refund the difference within a maximum of fourteen days.
Tourist tax relating to unused nights and itemised optional services that were not provided are not included in the cancellation charge.
Customers are advised to take out cancellation insurance suited to their circumstances.
X. No-show and early departure
1. No-show
The customer must inform La Forestière of any late arrival.
If the customer is absent on the scheduled arrival date and has provided no information, La Forestière may, after the latest arrival time stated in the confirmation or, if no time is stated, after 8:00 p.m.:
• record the no-show;
• terminate the remainder of the stay due to the customer's failure to arrive;
• make the accommodation available again;
• apply the charge provided for in Article IX or the platform's specific rule.
2. Early departure
Once a stay has begun, the full reserved period remains payable if the customer departs early, unless La Forestière agrees in writing to more favourable terms or a mandatory legal provision states otherwise.
Tourist tax relating to unused nights and itemised optional services that were not provided are not payable.
XI. Changes requested by the customer
Any request to change the dates, accommodation, duration or number of occupants is subject to La Forestière's written agreement and availability or, for a platform booking, to that platform's change process.
An accepted change may result in a price adjustment. If no agreement is reached, the original booking remains applicable. If the customer decides not to proceed with it, the request shall be treated as a cancellation under Article IX or the platform conditions.
The booking may not be assigned or transferred to a third party without La Forestière's prior written agreement and, where applicable, compliance with the platform rules.
XII. Cancellation or changes by La Forestière
If La Forestière cancels for reasons attributable to it, other than force majeure, all sums paid for services not provided shall be refunded within a maximum of fourteen days.
Depending on the circumstances and with the customer's agreement, La Forestière may offer equivalent replacement accommodation or a postponement. The customer remains free to refuse this proposal and obtain a refund for services not provided.
This refund does not deprive the customer of the right, under the ordinary rules of law, to seek compensation for direct, certain and duly substantiated loss resulting from a breach attributable to La Forestière.
A minor change that does not affect the essential characteristics of the stay does not constitute a cancellation.
XIII. Force majeure
In accordance with Article 1218 of the French Civil Code, force majeure means an event beyond the control of the party invoking it, which could not reasonably have been foreseen when the contract was concluded, whose effects cannot be avoided by appropriate measures and which prevents that party from performing its obligation.
A party invoking such an event must notify the other party in writing as soon as possible and provide appropriate supporting evidence.
Where force majeure prevents La Forestière from providing all or part of the accommodation:
• if the impediment is temporary and compatible with the stay, performance may be suspended or postponed by mutual agreement;
• if the impediment makes all or part of the stay permanently impossible, the contract shall be terminated in respect of the services that have become impossible and the corresponding sums shall be refunded.
The customer's personal inability to travel or enjoy the stay, while La Forestière remains able to provide the booked accommodation, does not automatically entitle the customer to cancellation without charge or to a refund. The applicable cancellation conditions shall remain in force, subject to mandatory legal provisions or a written commercial agreement from La Forestière.
XIV. Arrival, departure, occupancy and use of the premises
1. Times
Unless a different time is stated in the confirmation, arrival is possible from 4:00 p.m. and departure must take place before 11:00 a.m.
2. Provision and peaceful use
La Forestière provides the accommodation in accordance with its description and keeps it fit for use during the stay, subject to any work required for safety or preservation of the premises.
The customer shall enjoy the accommodation peacefully, use it carefully and for its intended purpose, and respect the facilities, neighbours, other occupants and any instructions provided.
3. Occupancy and third parties
The accommodation is reserved for the personal use of the customer and the declared occupants. Subletting, assignment, transfer or making the accommodation available to undeclared third parties is prohibited without La Forestière's prior written agreement.
If the number of occupants exceeds the stated capacity or the number booked, La Forestière may refuse admission to the additional persons. If the situation is not remedied immediately, La Forestière may terminate the stay due to the customer's breach, without refunding the unused nights.
The customer has no right to remain on the premises after the booked period has expired.
4. Return of the accommodation
On departure, the customer must return the accommodation, facilities and keys in the condition in which they were provided, allowing for normal wear and tear. Rubbish and personal belongings must be removed and reasonable departure instructions followed.
XV. Conduct, house rules, smoking and animals
The customer and accompanying persons must respect the premises, other occupants, neighbours, facilities, safety instructions, house rules and any stated quiet hours.
Smoking and vaping are prohibited inside the accommodation and indoor communal areas.
Pets are not permitted in the accommodation or communal areas. This prohibition does not apply to guide or assistance dogs or, more generally, to animals that have a legal right of access.
In the event of dangerous, violent or seriously disrespectful behaviour, significant nuisance or a serious breach of the house rules, La Forestière may terminate the stay after asking the customer to stop the conduct concerned, except in an emergency justifying immediate termination. Unused nights shall not be refunded where termination is attributable to the customer, without prejudice to compensation for any damage caused.
XVI. Security deposit, damage, keys and items left behind
A security deposit may be required for the holiday cottage or certain offers if its amount, payment method and refund conditions were brought to the customer's attention before booking.
The customer is liable for damage, loss and abnormal use caused by the customer or by persons for whom the customer is responsible. Any deduction or charge shall correspond to the actual cost and be supported by appropriate evidence such as photographs, quotations or invoices.
Subject to inspection of the premises, the security deposit shall be returned within the period stated in the special conditions. If inspections, quotations or repairs are required, La Forestière shall inform the customer of the proposed deductions and return the balance within a reasonable period.
1. Lost keys
If keys are lost or not returned, La Forestière may charge the actual and substantiated costs of producing replacement keys, necessary travel, locksmith services, replacing locks and securing the premises.
2. Items left behind
At the customer's request, items left behind may be sent back after advance payment of a EUR 20 administration fee, in addition to the actual packaging and postage costs. Items shall be kept for a reasonable period having regard to their nature; beyond that period, La Forestière cannot guarantee their safekeeping.
XVII. Swimming pool and safety
Access to the swimming pool is reserved for staying guests during the stated opening periods and hours.
Children under twelve may not use the swimming pool unless accompanied by an adult. All minors, regardless of age, remain under the constant and effective supervision of their legal representative or accompanying adult.
Users must comply with the safety, hygiene and courtesy instructions displayed or included in the welcome booklet. In particular, dangerous behaviour, diving in an unauthorised area, using glass containers around the pool or disabling a safety device are prohibited.
Where a user operates the safety device to access the pool, the user must immediately reactivate it after swimming. This obligation neither transfers nor reduces La Forestière's statutory safety obligations.
XVIII. Personal data
La Forestière processes the personal data required to manage enquiries, bookings, payments, stays, complaints, and accounting, tax or regulatory obligations.
Information concerning purposes, legal bases, recipients, retention periods and individual rights is set out in the privacy policy available on the website or provided on request.
The customer may exercise the rights of access, rectification, erasure, objection, restriction and, where applicable, data portability by writing to: fred.genries@gmail.com.
The customer also has the right to lodge a complaint with the French Data Protection Authority (Commission nationale de l'informatique et des libertés - CNIL).
XIX. Complaints and consumer mediation
Any complaint must first be submitted in writing to:
La Forestière - Frédéric GENRIES-MEMMI
2560 route de la Grésigne
82230 Monclar-de-Quercy - France
Email: fred.genries@gmail.com
La Forestière endeavours to provide an amicable response within a reasonable period.
In accordance with Articles L.612-1 et seq. of the French Consumer Code, a consumer may, after a prior written complaint has failed to produce a satisfactory solution, refer the matter free of charge to the consumer mediator appointed by La Forestière.
Mediation does not deprive either party of the right to bring the matter before the competent court if no agreement is reached.
XX. Applicable law and dispute resolution
These Terms and the contracts to which they apply are governed by French law.
In the event of a difficulty, the parties shall first seek an amicable solution. The consumer may then refer the matter to the mediator identified in Article XIX if the admissibility conditions for mediation are met.
If no agreement is reached, the dispute shall fall within the jurisdiction of the competent courts in accordance with the applicable rules of territorial and subject-matter jurisdiction. Nothing in these Terms deprives consumers of the mandatory protections available to them.
XXI. Evidence, retention and applicable version
Electronic communications, booking confirmations, data retained by the platform, proof of payment and evidence of acceptance may be produced to establish the existence and content of the contract under the conditions provided by law.
As far as reasonably possible, La Forestière retains the version of the Terms applicable to the booking and the confirmation details. Customers are advised to download or retain the Terms and their confirmation on a durable medium.
Any subsequent amendment to the Terms does not apply retrospectively to bookings already concluded, except by express agreement of the parties or pursuant to a mandatory legal provision.
XXII. Acceptance
By confirming the booking, the customer acknowledges:
• having received or been able to consult the essential information relating to the accommodation and the price;
• having read these Terms, the applicable annexes and any special conditions;
• accepting them without reservation;
• understanding that the booking entails an obligation to pay and is not eligible for the fourteen-day right of withdrawal.
ANNEX 1 - SPECIAL CONDITIONS FOR GUEST ROOMS
These conditions apply to the Hirondelle, Papier and Tourterelle rooms.
The service includes the overnight stay, a personal welcome from the host and breakfast. The advance-payment rates and balance due date are those set out in Article VI.2. The cancellation scale in Article IX applies unless the platform displays different conditions or more favourable special conditions were accepted before booking.
Once a stay has begun, it remains payable under the conditions of Article X.
ANNEX 2 - DESCRIPTION AND SPECIAL CONDITIONS FOR LE PIGEONNIER HOLIDAY COTTAGE
1. Identification and characteristics
Le Pigeonnier holiday cottage is independent furnished tourist accommodation located within La Forestière at 2560 route de la Grésigne, 82230 Monclar-de-Quercy.
• living area of approximately 35 m²;
• recommended occupancy: 1 person;
• maximum occupancy: 2 adults;
• a sleeping area with a double bed;
• strictly non-smoking and no vaping;
• animals not permitted, subject to statutory rights of access.
The customer must check that the mezzanine layout and sleeping arrangements are suitable for the occupants' age, independence and needs.
2. Conditions of use
La Forestière provides the accommodation in accordance with its description and keeps it fit for use. The customer shall enjoy it peacefully, use it properly and comply with its intended purpose.
The rental may not benefit undeclared third parties. It may not be sublet, assigned or transferred without La Forestière's prior written agreement. No right to remain on the premises may be claimed after the stay ends.
If the number of occupants exceeds the maximum capacity or the number accepted at the time of booking, La Forestière may refuse admission to the additional persons and apply Article XIV.3.
3. Price, utilities and tourist tax
Water is included in the price.
Electricity consumption is included up to an average limit of 11 kWh per night from 1 April to 30 September and 33 kWh per night from 1 October to 31 March. Meter readings may be taken on arrival and departure.
Any excess consumption may be charged at the actual cost per kilowatt-hour borne by La Forestière, including taxes and without any mark-up. Evidence of the applicable rate shall be provided to the customer on request.
Tourist tax is handled in accordance with Article IV.
4. Payment, insurance and security deposit
The 50% advance payment and the balance payable fourteen days before arrival are governed by Article VI.3. Cancellation is governed by Article IX or, for a platform booking, by the rate condition displayed at the time of booking.
The customer undertakes to have suitable personal liability or holiday insurance throughout the stay and to provide evidence of cover on reasonable request.
A security deposit is payable only if its amount and terms were announced before booking. It is then governed by Article XVI.
5. Return of the holiday cottage
On departure, the customer must return the holiday cottage, facilities and keys in the condition in which they were provided, allowing for normal wear and tear. Any damage, missing equipment or restoration beyond normal use may be charged at its actual and substantiated cost.
ANNEX 3 - SPECIAL CONDITIONS FOR THE NEW YEAR'S EVE STAY
1. Package contents
The New Year's Eve stay is a specific package comprising:
• 3 nights;
• breakfasts;
• 2 standard table d'hôtes dinners;
• 1 special New Year's Eve dinner.
2. Payment
An advance payment of 50% of the total amount is payable at the time of booking. The balance is payable fourteen days before arrival.
3. Cancellation
These special conditions shall prevail over Article IX:
• if the customer cancels, the advance payment shall be retained by La Forestière;
• if cancellation occurs fourteen days or less before arrival, the full price of the stay remains payable;
• in the event of a no-show, the full price of the stay remains payable.
Tourist tax relating to unused nights and itemised services that were not provided and are not included in the package are not payable.
XXIII. CONFIRMATION AND BOOKING CONTRACT - LE PIGEONNIER HOLIDAY COTTAGE
1. Documents forming the contract
For each booking of Le Pigeonnier holiday cottage, the written contract consists of the following indivisible set of documents:
• the booking confirmation sent by La Forestière or issued by the platform, stating in particular the customer's identity, dates, duration, number of occupants, price and selected services or options;
• these Terms, including Annex 2, which contains the description and fixed conditions for the holiday cottage;
• the rate and special conditions displayed and accepted at the time of booking;
• where applicable, subsequent written communications expressly accepted by both parties.
2. Acceptance without an additional document
Acceptance of these Terms includes acceptance of their annexes. No separate booking form or signature of an additional document is required where the details specific to the stay are already stated in the booking confirmation and the customer had the opportunity to read the Terms before committing.
For a direct booking, the contract is formed by payment, electronic validation, a simple confirmation from the customer or any other act unequivocally expressing agreement, after the summary and the Terms have been provided. For a platform booking, the contract is formed by confirming the booking in accordance with that platform's process.
The parties acknowledge that these records, when retained electronically, satisfy the requirement for writing, provided their author can be identified and they are created and retained under conditions that guarantee their integrity.
3. Entire agreement
The documents listed in this Article constitute the entire agreement relating to the stay. No condition that was not brought to the other party's attention or was not accepted may be enforced against that party.
Accommodation bookings
I. Scope
These General Terms and Conditions of Sale, hereinafter the "Terms", govern accommodation bookings made with La Forestière, either directly or through a third-party platform, under the conditions set out below.
For direct bookings, the Terms are provided or made accessible to the customer before the customer accepts the booking.
The Terms also apply to bookings made through a third-party platform, including Booking.com, where a clear reference to these Terms is displayed and a link or equivalent means enables the customer to read them before confirming the booking.
In such cases, these Terms supplement the platform terms, rate conditions and special conditions displayed during the booking process. In the event of any conflict, the platform rules or the special conditions of the booking shall prevail in relation to the matters they expressly govern, including payment, cancellation, changes, no-shows, refunds and collection of tourist tax.
The applicable Terms are those accepted at the time of booking. They are supplemented by the accommodation description, the applicable annexes, the booking confirmation and any special conditions brought to the customer's attention before the customer commits to the booking.
II. Business identification
La Forestière, trading name operated by:
Frédéric GENRIES-MEMMI, sole trader
2560 route de la Grésigne
82230 Monclar-de-Quercy - France
SIREN: 842 505 323
SIRET: 842 505 323 00019
Trade and Companies Register (RCS): 842 505 323 RCS Montauban
Email: fred.genries@gmail.com
Telephone: 06 61 95 08 62
La Forestière offers in particular:
• guest rooms (chambres d'hôtes);
• an independent holiday cottage known as "Le Pigeonnier";
• themed stays and special offers.
III. Pre-contractual information and characteristics of the services
Before the contract is concluded, the customer receives or may consult the essential characteristics of the accommodation and the relevant offer: description, location, maximum occupancy, main facilities, included services, price, taxes, possible supplements, arrival and departure times, and payment and cancellation conditions.
For guest rooms, the service includes the overnight stay and breakfast, unless more favourable special terms are stated.
For Le Pigeonnier holiday cottage, the description and fixed rental conditions are set out in Annex 2. The details specific to each stay - the customer's identity, dates, duration, number of occupants, price and any options - are stated in the booking confirmation sent by La Forestière or issued by the platform. Together, these documents form the written description and the short-term holiday rental contract, in accordance with Article XXIII.
Photographs and other visual materials are for illustrative purposes. La Forestière endeavours to present the premises accurately. Changes may be made to incidental decorative or furnishing elements, provided they do not alter the essential characteristics of the service.
The customer acknowledges having checked before booking that the accommodation meets the customer's needs, particularly with regard to its capacity, accessibility and advertised facilities.
IV. Prices and tourist tax
Prices are stated in euros and include all taxes where a tax is applicable. The price binding on the customer is the price shown in the offer or summary brought to the customer's attention before booking.
Unless otherwise stated:
• optional services are not included;
• tourist tax is charged separately at the applicable statutory rate and only for nights actually used;
• tourist tax is collected by La Forestière and paid to the competent local authority, except where the platform collects and pays it directly;
• personal expenses and services ordered on the premises are invoiced separately.
Any new tax or change to an existing tax imposed by a legal or regulatory provision that applies directly to the stay may be passed on strictly to the extent required by that provision.
V. Booking and formation of the contract
1. Direct bookings
La Forestière provides the customer with a summary stating at least the accommodation or offer selected, the dates, number of guests, price, included services, payment terms, cancellation conditions and access to these Terms.
No specific wording is required for the customer to accept a booking.
Acceptance may result in particular from:
• confirmation of the booking through a platform or booking module;
• payment of the advance payment or the full price after receipt of the summary and the Terms;
• a simple confirmation sent by email, SMS or messaging service;
• any other act that unequivocally expresses the customer's agreement.
When a booking is requested by telephone, La Forestière promptly sends the customer, by email, SMS or messaging service, a confirmation stating the essential details of the stay and the applicable Terms, in a form that can be retained.
The booking is confirmed by payment, electronic validation or confirmation from the customer. The booking summary and these Terms are provided no later than before the stay begins.
Where the call constitutes telephone canvassing initiated by La Forestière, the specific legal rules applicable to telephone canvassing shall be observed.
2. Bookings through a platform
A booking made through a platform becomes binding in accordance with that platform's validation process and the conditions displayed to the customer before the customer commits. The confirmation issued by the platform identifies, in particular, the accommodation, dates, declared occupants, price and applicable rate conditions.
Where they differ, the payment and cancellation conditions displayed by the platform for the relevant booking shall prevail over the general rules in Articles VI, IX and X.
3. Accuracy of information
The customer must provide accurate, complete and up-to-date information. Any manifestly incorrect, incomplete or fraudulent information that jeopardises performance of the stay may result in refusal of the request or, following formal notice where appropriate, termination of the booking due to the customer's breach.
4. Failure to pay following a direct booking
If payment is not made by the due date, La Forestière sends a written reminder granting the customer an additional period of twenty-four hours. If payment is still not made, La Forestière may give written notice terminating the booking and immediately offer the accommodation for sale again.
Termination is not automatic: until it has been expressly notified by La Forestière, the booking remains binding and the contractual obligations continue to apply.
VI. Advance payment and payment schedule
1. Nature of the advance payment
By express agreement, and in derogation from the default French legal rules governing cancellation deposits (arrhes), any sum described as an advance payment (acompte) constitutes an initial payment credited against the total price and firmly binds both parties.
2. Guest rooms - direct bookings
The advance payment is calculated on the total price of the stay, excluding tourist tax and optional services payable on the premises:
• 1 night: 100% of the total price;
• 2 nights: 80% of the total price;
• 3 to 4 nights: 75% of the total price;
• 5 nights or more: 70% of the total price.
The advance payment is payable within forty-eight hours of confirmation. Any remaining balance is payable on arrival, unless different special conditions have been expressly accepted.
3. Le Pigeonnier holiday cottage - direct bookings
An advance payment of 50% of the total price of the stay, excluding tourist tax and optional services payable on the premises, is due within forty-eight hours of confirmation.
The balance is payable fourteen days before arrival. Where the booking is made fourteen days or less before arrival, the full price is payable within forty-eight hours of confirmation and, in all cases, before the keys are handed over.
4. Platforms and special offers
For a booking made through a platform, the payment schedule and collection method displayed at the time of booking shall apply.
A special offer may provide for a different payment schedule, provided it is brought to the customer's attention before the customer commits. The special conditions for the New Year's Eve stay are set out in Annex 3.
5. Consequences of cancellation
The advance payment is credited against the price. In the event of cancellation, the amounts retained or remaining payable are determined by Article IX, the conditions displayed by the platform or the special conditions of the relevant offer. If the amounts already paid exceed the applicable cancellation charge, the difference shall be refunded within a maximum of fourteen days.
The keys may not be handed over and the customer may not take possession of the accommodation until all amounts that have fallen due have been paid in full.
VII. Payment methods and security
Payments may be made, in accordance with the arrangements stated in the confirmation:
• by bank transfer or instant bank transfer;
• by cheque, provided the funds have cleared before the due date;
• by payment card using a secure payment link;
• exceptionally, by payment card or cash on the premises where La Forestière has accepted this in writing;
• through the platform where the platform collects the payment.
Bank details and payment links are provided in official communications from La Forestière or through the platform's secure interface. Customers are advised to verify any unusual request to change bank details by contacting the establishment directly using the number stated in Article II.
A payment is deemed to have been made only once the funds have actually been received.
Where a fixed, liquid and due amount remains unpaid, La Forestière may, after a formal notice has remained without effect, claim interest at the statutory rate and initiate the debt-recovery procedures permitted by law.
VIII. No right of withdrawal
In accordance with Article L.221-28, 12° of the French Consumer Code, the right of withdrawal may not be exercised in respect of accommodation services, other than residential accommodation, to be provided on a specific date or during a specified period.
Accordingly, a binding booking for a specified stay is not eligible for the fourteen-day withdrawal period applicable to certain distance contracts.
IX. Cancellation by the customer
Any cancellation must be notified in writing, by email, through the platform's messaging service or by post. The date on which La Forestière or the platform receives the notice determines the applicable cancellation scale.
Unless different special conditions or platform conditions were brought to the customer's attention before booking, the cancellation charge is as follows:
• cancellation received more than thirty days before arrival: 30% of the total price of the stay;
• cancellation received between thirty and fifteen days inclusive before arrival: 50% of the total price of the stay;
• cancellation received fourteen days or less before arrival: 100% of the total price of the stay;
• no-show: 100% of the total price of the stay.
These charges reflect the accommodation being held for the customer, the steps already taken and the increasing difficulty of re-letting it as the arrival date approaches.
Where the amounts already paid are less than the applicable charge, the balance is payable within seven days of La Forestière's written request. Where they exceed that charge, La Forestière shall refund the difference within a maximum of fourteen days.
Tourist tax relating to unused nights and itemised optional services that were not provided are not included in the cancellation charge.
Customers are advised to take out cancellation insurance suited to their circumstances.
X. No-show and early departure
1. No-show
The customer must inform La Forestière of any late arrival.
If the customer is absent on the scheduled arrival date and has provided no information, La Forestière may, after the latest arrival time stated in the confirmation or, if no time is stated, after 8:00 p.m.:
• record the no-show;
• terminate the remainder of the stay due to the customer's failure to arrive;
• make the accommodation available again;
• apply the charge provided for in Article IX or the platform's specific rule.
2. Early departure
Once a stay has begun, the full reserved period remains payable if the customer departs early, unless La Forestière agrees in writing to more favourable terms or a mandatory legal provision states otherwise.
Tourist tax relating to unused nights and itemised optional services that were not provided are not payable.
XI. Changes requested by the customer
Any request to change the dates, accommodation, duration or number of occupants is subject to La Forestière's written agreement and availability or, for a platform booking, to that platform's change process.
An accepted change may result in a price adjustment. If no agreement is reached, the original booking remains applicable. If the customer decides not to proceed with it, the request shall be treated as a cancellation under Article IX or the platform conditions.
The booking may not be assigned or transferred to a third party without La Forestière's prior written agreement and, where applicable, compliance with the platform rules.
XII. Cancellation or changes by La Forestière
If La Forestière cancels for reasons attributable to it, other than force majeure, all sums paid for services not provided shall be refunded within a maximum of fourteen days.
Depending on the circumstances and with the customer's agreement, La Forestière may offer equivalent replacement accommodation or a postponement. The customer remains free to refuse this proposal and obtain a refund for services not provided.
This refund does not deprive the customer of the right, under the ordinary rules of law, to seek compensation for direct, certain and duly substantiated loss resulting from a breach attributable to La Forestière.
A minor change that does not affect the essential characteristics of the stay does not constitute a cancellation.
XIII. Force majeure
In accordance with Article 1218 of the French Civil Code, force majeure means an event beyond the control of the party invoking it, which could not reasonably have been foreseen when the contract was concluded, whose effects cannot be avoided by appropriate measures and which prevents that party from performing its obligation.
A party invoking such an event must notify the other party in writing as soon as possible and provide appropriate supporting evidence.
Where force majeure prevents La Forestière from providing all or part of the accommodation:
• if the impediment is temporary and compatible with the stay, performance may be suspended or postponed by mutual agreement;
• if the impediment makes all or part of the stay permanently impossible, the contract shall be terminated in respect of the services that have become impossible and the corresponding sums shall be refunded.
The customer's personal inability to travel or enjoy the stay, while La Forestière remains able to provide the booked accommodation, does not automatically entitle the customer to cancellation without charge or to a refund. The applicable cancellation conditions shall remain in force, subject to mandatory legal provisions or a written commercial agreement from La Forestière.
XIV. Arrival, departure, occupancy and use of the premises
1. Times
Unless a different time is stated in the confirmation, arrival is possible from 4:00 p.m. and departure must take place before 11:00 a.m.
2. Provision and peaceful use
La Forestière provides the accommodation in accordance with its description and keeps it fit for use during the stay, subject to any work required for safety or preservation of the premises.
The customer shall enjoy the accommodation peacefully, use it carefully and for its intended purpose, and respect the facilities, neighbours, other occupants and any instructions provided.
3. Occupancy and third parties
The accommodation is reserved for the personal use of the customer and the declared occupants. Subletting, assignment, transfer or making the accommodation available to undeclared third parties is prohibited without La Forestière's prior written agreement.
If the number of occupants exceeds the stated capacity or the number booked, La Forestière may refuse admission to the additional persons. If the situation is not remedied immediately, La Forestière may terminate the stay due to the customer's breach, without refunding the unused nights.
The customer has no right to remain on the premises after the booked period has expired.
4. Return of the accommodation
On departure, the customer must return the accommodation, facilities and keys in the condition in which they were provided, allowing for normal wear and tear. Rubbish and personal belongings must be removed and reasonable departure instructions followed.
XV. Conduct, house rules, smoking and animals
The customer and accompanying persons must respect the premises, other occupants, neighbours, facilities, safety instructions, house rules and any stated quiet hours.
Smoking and vaping are prohibited inside the accommodation and indoor communal areas.
Pets are not permitted in the accommodation or communal areas. This prohibition does not apply to guide or assistance dogs or, more generally, to animals that have a legal right of access.
In the event of dangerous, violent or seriously disrespectful behaviour, significant nuisance or a serious breach of the house rules, La Forestière may terminate the stay after asking the customer to stop the conduct concerned, except in an emergency justifying immediate termination. Unused nights shall not be refunded where termination is attributable to the customer, without prejudice to compensation for any damage caused.
XVI. Security deposit, damage, keys and items left behind
A security deposit may be required for the holiday cottage or certain offers if its amount, payment method and refund conditions were brought to the customer's attention before booking.
The customer is liable for damage, loss and abnormal use caused by the customer or by persons for whom the customer is responsible. Any deduction or charge shall correspond to the actual cost and be supported by appropriate evidence such as photographs, quotations or invoices.
Subject to inspection of the premises, the security deposit shall be returned within the period stated in the special conditions. If inspections, quotations or repairs are required, La Forestière shall inform the customer of the proposed deductions and return the balance within a reasonable period.
1. Lost keys
If keys are lost or not returned, La Forestière may charge the actual and substantiated costs of producing replacement keys, necessary travel, locksmith services, replacing locks and securing the premises.
2. Items left behind
At the customer's request, items left behind may be sent back after advance payment of a EUR 20 administration fee, in addition to the actual packaging and postage costs. Items shall be kept for a reasonable period having regard to their nature; beyond that period, La Forestière cannot guarantee their safekeeping.
XVII. Swimming pool and safety
Access to the swimming pool is reserved for staying guests during the stated opening periods and hours.
Children under twelve may not use the swimming pool unless accompanied by an adult. All minors, regardless of age, remain under the constant and effective supervision of their legal representative or accompanying adult.
Users must comply with the safety, hygiene and courtesy instructions displayed or included in the welcome booklet. In particular, dangerous behaviour, diving in an unauthorised area, using glass containers around the pool or disabling a safety device are prohibited.
Where a user operates the safety device to access the pool, the user must immediately reactivate it after swimming. This obligation neither transfers nor reduces La Forestière's statutory safety obligations.
XVIII. Personal data
La Forestière processes the personal data required to manage enquiries, bookings, payments, stays, complaints, and accounting, tax or regulatory obligations.
Information concerning purposes, legal bases, recipients, retention periods and individual rights is set out in the privacy policy available on the website or provided on request.
The customer may exercise the rights of access, rectification, erasure, objection, restriction and, where applicable, data portability by writing to: fred.genries@gmail.com.
The customer also has the right to lodge a complaint with the French Data Protection Authority (Commission nationale de l'informatique et des libertés - CNIL).
XIX. Complaints and consumer mediation
Any complaint must first be submitted in writing to:
La Forestière - Frédéric GENRIES-MEMMI
2560 route de la Grésigne
82230 Monclar-de-Quercy - France
Email: fred.genries@gmail.com
La Forestière endeavours to provide an amicable response within a reasonable period.
In accordance with Articles L.612-1 et seq. of the French Consumer Code, a consumer may, after a prior written complaint has failed to produce a satisfactory solution, refer the matter free of charge to the consumer mediator appointed by La Forestière.
Mediation does not deprive either party of the right to bring the matter before the competent court if no agreement is reached.
XX. Applicable law and dispute resolution
These Terms and the contracts to which they apply are governed by French law.
In the event of a difficulty, the parties shall first seek an amicable solution. The consumer may then refer the matter to the mediator identified in Article XIX if the admissibility conditions for mediation are met.
If no agreement is reached, the dispute shall fall within the jurisdiction of the competent courts in accordance with the applicable rules of territorial and subject-matter jurisdiction. Nothing in these Terms deprives consumers of the mandatory protections available to them.
XXI. Evidence, retention and applicable version
Electronic communications, booking confirmations, data retained by the platform, proof of payment and evidence of acceptance may be produced to establish the existence and content of the contract under the conditions provided by law.
As far as reasonably possible, La Forestière retains the version of the Terms applicable to the booking and the confirmation details. Customers are advised to download or retain the Terms and their confirmation on a durable medium.
Any subsequent amendment to the Terms does not apply retrospectively to bookings already concluded, except by express agreement of the parties or pursuant to a mandatory legal provision.
XXII. Acceptance
By confirming the booking, the customer acknowledges:
• having received or been able to consult the essential information relating to the accommodation and the price;
• having read these Terms, the applicable annexes and any special conditions;
• accepting them without reservation;
• understanding that the booking entails an obligation to pay and is not eligible for the fourteen-day right of withdrawal.
ANNEX 1 - SPECIAL CONDITIONS FOR GUEST ROOMS
These conditions apply to the Hirondelle, Papier and Tourterelle rooms.
The service includes the overnight stay, a personal welcome from the host and breakfast. The advance-payment rates and balance due date are those set out in Article VI.2. The cancellation scale in Article IX applies unless the platform displays different conditions or more favourable special conditions were accepted before booking.
Once a stay has begun, it remains payable under the conditions of Article X.
ANNEX 2 - DESCRIPTION AND SPECIAL CONDITIONS FOR LE PIGEONNIER HOLIDAY COTTAGE
1. Identification and characteristics
Le Pigeonnier holiday cottage is independent furnished tourist accommodation located within La Forestière at 2560 route de la Grésigne, 82230 Monclar-de-Quercy.
• living area of approximately 35 m²;
• recommended occupancy: 1 person;
• maximum occupancy: 2 adults;
• a sleeping area with a double bed;
• strictly non-smoking and no vaping;
• animals not permitted, subject to statutory rights of access.
The customer must check that the mezzanine layout and sleeping arrangements are suitable for the occupants' age, independence and needs.
2. Conditions of use
La Forestière provides the accommodation in accordance with its description and keeps it fit for use. The customer shall enjoy it peacefully, use it properly and comply with its intended purpose.
The rental may not benefit undeclared third parties. It may not be sublet, assigned or transferred without La Forestière's prior written agreement. No right to remain on the premises may be claimed after the stay ends.
If the number of occupants exceeds the maximum capacity or the number accepted at the time of booking, La Forestière may refuse admission to the additional persons and apply Article XIV.3.
3. Price, utilities and tourist tax
Water is included in the price.
Electricity consumption is included up to an average limit of 11 kWh per night from 1 April to 30 September and 33 kWh per night from 1 October to 31 March. Meter readings may be taken on arrival and departure.
Any excess consumption may be charged at the actual cost per kilowatt-hour borne by La Forestière, including taxes and without any mark-up. Evidence of the applicable rate shall be provided to the customer on request.
Tourist tax is handled in accordance with Article IV.
4. Payment, insurance and security deposit
The 50% advance payment and the balance payable fourteen days before arrival are governed by Article VI.3. Cancellation is governed by Article IX or, for a platform booking, by the rate condition displayed at the time of booking.
The customer undertakes to have suitable personal liability or holiday insurance throughout the stay and to provide evidence of cover on reasonable request.
A security deposit is payable only if its amount and terms were announced before booking. It is then governed by Article XVI.
5. Return of the holiday cottage
On departure, the customer must return the holiday cottage, facilities and keys in the condition in which they were provided, allowing for normal wear and tear. Any damage, missing equipment or restoration beyond normal use may be charged at its actual and substantiated cost.
ANNEX 3 - SPECIAL CONDITIONS FOR THE NEW YEAR'S EVE STAY
1. Package contents
The New Year's Eve stay is a specific package comprising:
• 3 nights;
• breakfasts;
• 2 standard table d'hôtes dinners;
• 1 special New Year's Eve dinner.
2. Payment
An advance payment of 50% of the total amount is payable at the time of booking. The balance is payable fourteen days before arrival.
3. Cancellation
These special conditions shall prevail over Article IX:
• if the customer cancels, the advance payment shall be retained by La Forestière;
• if cancellation occurs fourteen days or less before arrival, the full price of the stay remains payable;
• in the event of a no-show, the full price of the stay remains payable.
Tourist tax relating to unused nights and itemised services that were not provided and are not included in the package are not payable.
XXIII. CONFIRMATION AND BOOKING CONTRACT - LE PIGEONNIER HOLIDAY COTTAGE
1. Documents forming the contract
For each booking of Le Pigeonnier holiday cottage, the written contract consists of the following indivisible set of documents:
• the booking confirmation sent by La Forestière or issued by the platform, stating in particular the customer's identity, dates, duration, number of occupants, price and selected services or options;
• these Terms, including Annex 2, which contains the description and fixed conditions for the holiday cottage;
• the rate and special conditions displayed and accepted at the time of booking;
• where applicable, subsequent written communications expressly accepted by both parties.
2. Acceptance without an additional document
Acceptance of these Terms includes acceptance of their annexes. No separate booking form or signature of an additional document is required where the details specific to the stay are already stated in the booking confirmation and the customer had the opportunity to read the Terms before committing.
For a direct booking, the contract is formed by payment, electronic validation, a simple confirmation from the customer or any other act unequivocally expressing agreement, after the summary and the Terms have been provided. For a platform booking, the contract is formed by confirming the booking in accordance with that platform's process.
The parties acknowledge that these records, when retained electronically, satisfy the requirement for writing, provided their author can be identified and they are created and retained under conditions that guarantee their integrity.
3. Entire agreement
The documents listed in this Article constitute the entire agreement relating to the stay. No condition that was not brought to the other party's attention or was not accepted may be enforced against that party.