Art. 103 - Where, after the departure of the Buyer, the Vendor finds himself unable to furnish the majority of the services provided in the contract representing a not negligible portion of the price honored by the Buyer, the Vendor must immediately make the following provisions without prejudice to recourse to indemnification for any damages suffered:
- either offer services to replace the services provided bearing the burden of any applicable additional price, and, if the services accepted by the Buyer are of an inferior quality, the Vendor must reimburse Buyer the difference in price upon Buyer's return;
- or, if he can not offer any substitute service or if replacement services are refused by the Buyer for valid reasons, provide to the Buyer, without increase in price, tickets for transportation to provide for his return under conditions that may be judged to be equivalent to the point of departure or to another place accepted by both parties.

Special Terms and Conditions of Sale

1 - REGISTRATION AND RESERVATION

Every registration must be accompanied by payment of a deposit corresponding to:
- 50% of the aggregate price of your rental
- 50% of the aggregate price of any transportation services (transfers, excursions, automobile rental).
From the date of the payment of the deposit until the 29th day inclusive prior to your trip, you shall have an option of cancellation. In the event that you use this option, the amount of the deposit paid shall be reimbursed to you, after the deduction of EUR 60 retained to cover processing expenses. The entirety of the price of your rental and any additional services shall be payable 30 days before the beginning of your stay or immediately for any last-minute reservation. If you have not paid the balance within the periods permitted and you have not used your option of cancellation, GESCAP reserves the right to consider the sale as final as of the 30th day preceding your stay and therefore to apply the cancellation conditions stated hereinafter. Your commitment shall be come final with the payment of the balance before the thirtieth (30th) day preceding your stay, and in the event of non-payment of the balance and where you have not exercised your option of cancellation, on the thirtieth day preceding your stay. GESCAP's commitment shall become final before the 30th day prior to your stay, upon confirming your request by sending a reservation voucher.

2 - PRICES

Our prices are quoted without tax and with the cost of our making the lodging available to you with all expenses (water, electricity, etc.) included. The prices have been set on the basis of the economic conditions prevailing at the time they are published. In the event of change in these conditions, including those with respect to excursions and transfers, these prices may be modified to reflect such changes. The customer should make sure to have the price of his services confirmed at the time the reservation is made.

3 - VISITOR'S TAX

The visitor's tax, which is collected on behalf of the municipalities involved, is not included in our tariffs. It is not included in all our rates at the approximately 5% of the price of the lodging.

4 - MODIFICATION / CANCELLATION OF THE STAY BY THE CUSTOMER MODIFICATION:

1 - Lodging
We accept any modification in date, type of apartment, or site within the limits of what is available. If the amount of your reservation after the modification proves to be less than the amount of the reservation before modification, we shall retain EUR 50 in processing fees.

2 - Excursions & Transfers:
Any modification in our supplemental services on the part of the client made less than 7 days before the latter's arrival shall be invoiced in accordance with the conditions mentioned at the time the reservation was made.

CANCELLATION:

In the event of cancellation, you must notify us by certified mail with return receipt requested or by fax, and the date the notice is received shall determine the cancellation date.

1 - Lodging
If you notify us before the 30th day preceding your stay, we shall retain EUR 150 in processing expenses. If you notify us on or after the 30th day prior to your stay, we shall retain the following indemnities:
- between 30th and 16th days inclusive prior to your arrival: 50%
- between 15th and the day of arrival inclusive prior to your arrival: 100%

FAILURE TO APPEAR AT THE SITE OF THE RENTAL:

If you fail to appear at the site of your stay, we shall retain the following indemnities:
- 100% of the total price of the stay.

5 - ARRIVAL AND DEPARTURE

Keys are delivered beginning at 2:00 p.m. on the day* of your arrival. These keys must be returned before 12:00 noon the day* of your departure. For short stays or for hotel stays, you make pick up your keys beginning at 10:00 a.m.; they must be returned before 12:00 noon on the day of departure.
* On Saturday in most cases.

6 - SECURITY DEPOSIT (except hotel stays)

On your arrival, you will be asked to pay a security deposit of EUR 500 per apartment and EUR 1000 per villa or house. This deposit shall be returned to you at the end of your stay after payment of supplemental services consumed on site (telephone, etc.) and after deduction of any indemnities retained for damage to the lodging.

7 - HOUSE RULES

In order to facilitate your vacation stay, house rules are posted within each apartment and villa. We appreciate your taking note of them and acting in accordance with them. Certain precautions may enable you to avoid unpleasantness: Close your windows before leaving your apartment, villa, or room, and lock your door. You are reminded that your leaving any personal effects behind in your apartment, villa, or hotel room while vacating the premises shall incur no liability on the part of GESCAP.

8 - TRIP INTERRUPTION

An early departure may not give rise to any reimbursement except for hotels with which an agreement may be made with the management. A maximum of 3 "unused" nights may be withheld from you.

9 - POSSIBLE MODIFICATION OR OUR PROGRAMS

If circumstances so require, and only in the event of force majeur events (acts of God) that are beyond our control, we may be obliged to modify partially or entirely our programs (by full or partial closure of a site, of common facilities such as a pool, restaurant, etc.).

10 - CLAIMS

Our on-site staff is available to you during the course of your stay to respond to your complaints, resolve any malfunctions observed, and to enable to you take full advantage of your stay. It is best to contact them to respond to any request that you might have.
After your stay, any claim may be made in a letter sent by certified mail, with return receipt requested to : GESCAP (Avenue Générale de Gaulle - BP 476 - 97055 Saint-Martin Cedex , FRANCE), within a period of two (2) months after the end of the stay, so that we may respond to them as expeditiously as possible. We call your attention to the fact that the longer you wait to make your claim to us, the more difficult it may prove to be for us to reach the most satisfactory possible solution for you. In your correspondence, please specify the name of the person who reserved the stay, the reservation number, the place and dates of your stay, as well as the type of apartment, villa, or room reserved so as to facilitate the processing of your complaint. Likewise, we ask that you include with your correspondence all receipts that might enable us to limit the time required to process your claim: certificate issued by the site or personal documents (attesting to non-use of services, of early departure, report of hospitalization, etc.).

11 - GESCAP SITE

Registration for one of our stays implies acceptance of our special terms and conditions of sale. Given the diversity of the GESCAP line, there do exist some differences in configuration and decoration of certain apartments. Please do not hesitate to ask for more details. You are reminded, however, that answering any question concerning the specific orientation or location of the apartment is an additional service and does not constitute a contractual guarantee. All information concerning the activities and recreation at seaside and the vicinity thereof are transmitted to us by the Tourist Offices and are transmitted to you simply to give you an indication of what is available. Such information implies no liability on our part in the event that one of them no longer exists during your stay. For any additional information about life in Saint Martin, please directly consult the relevant tourist offices. As our site is updated annually, consult your agency on the opening dates, the sports equipment (nature and quantity), activities, and services that are offered by the site and that have determined your choice of site.

12 - LIABILITY

Please be informed that rental from a Tourist Residence does not fall within the framework of liability of hoteliers. As a result, GESCAP shall have no liability in the event of loss, theft, or damage to personal effects in our Residences, either in the apartments or in the parking lots or common areas.

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