Cancellation by the Tenant :
The Tenant can cancel the Rental Agreement or designate another Tenant at any time, provided this is done in writing/ by email and is confirmed in writing by FranceComfort.
- The Tenant has the right to cancel with due observance of the applicable cancellation conditions. In the event of cancellation the Tenant owes FranceComfort the following:
- Cancellation after conclusion for the Rental Agreement: 40% of the Total Amount.
- Cancelation between 14 and 42 days prior to arrival: 90% of the Total Amount.
- Cancellation during the 14 days prior to arrival: 100% of the Total Amount.
- Money already paid will be settled with the cancellation costs that still need to be paid. If none of the Total Amount has been paid yet, the cancellation costs mentioned above will be charged. The cancellation costs mentioned above must be paid to FranceComfort within 14 days of the invoice date.
- A cancellation that has been confirmed by FranceComfort is definitive and cannot be revoked.
- If the Tenant has not arrived without any notice within 24 hours after the agreed arrival date, this will be considered as a ’no show’ resp. as cancellation.
- At the request of the Tenant, FranceComfort can draw up a cancellation invoice for the benefit of the Tenant’s cancellation insurance.
- The Tenant can designate replacement Tenant provided the replacement Tenant meets the applicable age requirements etc.
- If a replacement Tenant arrives, he/she and the original Tenant are both liable for the payment of the (remaining) rent and any additional amounts/costs, unless a completely new Rental Agreement is drawn up under the name of the new Tenant.
Cancellation by FranceComfort:
FranceComfort is entitled to the right to change or dissolve the rental Agreement with immediate effect and to consider it dissolved in one of the following cases:
- If the Tenant, even after a reminder, has not adhered to the payment terms. FranceComfort may charge the cancellation costs to the Tenant. After cancellation of the Rental Agreement, other Tenants will be able to book the Holiday Home and FranceComfort can no longer guarantee the availability of the Holiday Home to the original Tenant.
- If FranceComfort is not in possession of the Total Amount on the day of arrival, FranceComfort has the right to deny the Tenant access to the Holiday Home, without prejudice to FranceComfort’s right to full payment of the Total Amount
- If the rental conditions are not or not fully complied with. The Tenant will continue to owe the Total Amount.
- If there are behavioural problems/reasons. FranceComfort can terminate the Rental Agreement without due observance of a notice period if the Tenant and/or Co-Tenant(s), despite a reminder, continuously cause disruption during their stay, does not behave as good Tenant, causes serious nuisance to fellow guests and/or the environment or behaves contrary to the agreement in such a way that immediate dissolution of the agreement is justified. This is also the case if, for example, the lives of other people are put in danger. In these cases, the Total Amount will be forfeited.
- As a result of force majeure such as (but not limited to) war, a natural disaster, floods, extraordinary weather, fire, strikes, death of an owner, unannounced sale and/or use of the Holiday Home by the new Owners, due to serious circumstances (serious circumstances are circumstances that are of such a nature that further binding between FranceComfort and the agreement cannot be achieved). The Rental Agreement can, in these cases, be cancelled without compensation.
- In the event of FranceComfort being affected by extremely unlikely and special circumstances that make it impossible to continue to implement the concluded Rental Agreement (the booking made), such as, but not limited to, a pandemic, a flood and/or other epidemics, FranceComfort is entitled to dissolve the concluded agreement with immediate effect, without the Tenant being entitled to compensation for the costs they have already incurred
- If fulfilment of the Rental Agreement is not possible due to unavoidable and extraordinary circumstances, FranceComfort has the right to cancel the Rental Agreement before the arrival date. In this case FranceComfort loses her right to full payment of the booking made and any amount already paid will be refunded to the Tenant.
- In the case of the price being listed wrongfully. If a Holiday Home is priced so low that even the Tenant may question the price, this is seen as an obvious, innocent mistake. Obvious implausible mistakes or errors in pricing give FranceComfort the right to adjust the agreement accordingly or to cancel the booking. In this case, the Tenant must take initiative to inquire whether the price stated by FranceComfort is correct. If the adjustment is not accepted by the Tenant, he/she has the right to cancel the booking free of charge.
If there is no question of negligence or culpable behaviour on the Tenants part, FranceComfort will make a proposal to the Tenant as soon as possible in the form of an alternative offer of a Holiday Home. If this is not possible, or if the Tenant does not accept the alternative offered, FranceComfort has the right to dissolve the rental Agreement with immediate effect and the Total Amount will be refunded pro rata. Any other damage as a results of the cancellation or modification will not be compensated by FranceComfort. The Tenant waives any further rights.