General terms and conditions of sale and use

General terms and conditions of use of the website, of online sales
and use of rented goods

The purpose of these General Terms and Conditions of Sale and Use (GTC&U) is to define the rights and obligations of the Parties in the context of the use of the site and the connected platforms, when the User subscribes to the Services offered, as well as the specific terms and conditions of access to and use of the goods and services made available by MiraVacances.
The French version of the Site and the documents is the authentic version. The other language versions are provided as a help and comfort in the first place. In some cases, language versions other than French may be simplified (e.g. for the GDPR document). Visitors or Clients are therefore advised to refer to the French version (which also corresponds to the language of the host location) or not to hesitate to ask us questions.

Preamble

The Parties agree that their relations will be governed exclusively by these GTC&U, and that these GTC&U prevail, especially in the case where the services are purchased directly via MiraVacances, with respect to any other conditions that may be indicated on platforms, booking or not, working with MiraVacances.
The Seller reserves the right to modify at any time the present GTC&U by publishing a new version on the Site.
The GTC&U are those in force at the date of validation of the order. They are governed by French law.

General terms and conditions of use of the site, of online sales

Article 1 - Definitions

The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution of the present:
"Property": The property "Le Palmier de Mira", located at 130 impasse du Pourtalès in 30190 St Chaptes, France with its land and main facilities. Some facilities or uses may be subject to a number of participants;
  • "Client": The person (legal or physical, physical in general) who enters into a contractual relationship for the rental of the Property and its options during a Stay. Nota Bene: In the rental agreement, the term 'Client' is often replaced by the term 'Lessee'.
  • "Order": Rental of services made by the Customer directly to the Seller;
  • "General Terms and Conditions of Sale and Use" (GTC&U): the general terms and conditions of sale and use that are the subject of these Terms and Conditions;
  • "Contract": the Validation of the Order by the Customer constitutes a contract between the Customer and MiraVacances governed by these GTC&U. Please note that if the Customer purchases services via an external online holiday booking platform, the contractual conditions of the external site may be added to those of MiraVacances without reducing the latter's obligations on the part of the Customer.
  • "Delivery Time": The period between the date of Validation of the Order and the date of the service provided by MiraVacances; "Delivery": The completion of the services or rentals requested from MiraVacances;
  • "Participants": The persons benefiting from the stay and staying at the Property under the responsibility of the Client.
  • "Price": the unit value of a Service; unless otherwise indicated, this value is understood to include all taxes and exclude any Delivery Costs or tourist taxes collected separately per person on behalf of the State services. Depending on the online Service offers, the Price may refer to the entirety of a Service or to its recurring payments if the Service is delivered in subscription mode over a period of time;
  • "Stay": a one-off rental period during which the Customer rents the Property;
  • "Service": any rental service and its possible options offered for sale on the Site. The detailed description of each of these Services (and their terms and conditions) is available on the Site;
  • "Site": the online sales site www.miravances.eu used by the Seller to market its Services. The Services can also be obtained via independent rental platforms which may then have their own rules and conditions of sale. These platforms are not listed under the term Site, but they are in principle synchronised with the Site to best reflect the availability of rental periods;
  • "Order Validation": has the meaning given in Article 4;
  • "Seller": MiraVacances or its representatives (does not include online booking platforms which may rent the Property directly);
  • "Online Sale": marketing of the Seller's Services via the Site.

References to Articles are references to the articles of these GTC&U, unless otherwise stated.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.

Article 2 - Scope of application
The present General Terms and Conditions of Sale constitute, in accordance with article L 441-1 of the French Commercial Code, the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which MiraVacances ("The Provider" or also "The Seller" or, in the tenancy agreement “The Landlord”) provides services to Customers who request them, via the Provider's website.
When the purchase is made directly via the Website, the GTC&U apply, without restriction or reserve, to all the Services rendered by the Provider to Customers of the same category, whatever the clauses that may appear on the Customer's documents, and in particular his general conditions of purchase.
Any validation of an order implies, on the part of the Customer, the acceptance of these General Terms and Conditions of Sale and of the general terms of use of the Provider's website for electronic orders.

Article 3 - Entry into force and duration
These GTC&U shall come into force on the date of Order Validation as defined in Article 4.
The Customer's Validation of the Order shall constitute the conclusion of the Contract for the period necessary for the provision of the Services, until the expiry of the guarantees and obligations owed by the Vendor and by the Customer as set out in these GTC&U and in the terms and conditions of the Services ordered.

Article 4 - Ordering Services and Steps in the Conclusion of the Online Sale
In order to complete the Order, the Customer must follow the following steps:

  1. Enter the address of the Site www.miravacances.eu (and make sure to remain on the Site to place the Order, in the event that the Order is not placed via the Site but via an external booking platform, certain benefits or conditions may not be offered or included in the Service);
  2. Follow the instructions on the Site and, in particular, the instructions necessary to open a client account (to ensure special or loyalty conditions) and to accept cookies for the operation of the Site; As soon as an account is opened on the Site(s), the Client - or the persons representing him/her using online access to the Site(s) - also becomes a "User";
  3. Fill in the order form. In the event of prolonged inactivity during the connection (in principle more than one hour), it is possible that the selection of Services chosen by the Customer before this inactivity is no longer guaranteed. In this case, the Customer is invited to restart his selection of Services from the beginning;
  4. Check the elements of the Order and, if necessary, identify and correct any errors;
  5. Validate the Order and the Total Price ("Order Validation");
  6. Follow the instructions on the online payment server to pay the Total Price.
  7. The Customer will then receive an automatic electronic confirmation of acceptance of payment for the Order.
  8. The Customer will also receive an electronic acknowledgement of receipt (confirmation screen and e-mail) confirming the order (referred to as the "Order Confirmation").
  9. The Customer will receive a reference or temporary access code, if applicable, to track and manage their booking. This reference must be provided during any communication with MiraVacances services to facilitate exchanges, save time and avoid errors.
  10. When carrying out the various stages of the Order mentioned above, the Client undertakes to respect the present contractual conditions by application of article 1366 of the Civil Code.

Article 5 - Price of Services and Conditions of Validity
The price of the Services sold on the Website is indicated by service, depending on the offers proposed by the Provider.
At the time of the Order Validation, the price to be paid is the All-Inclusive Price excluding any local tourist taxes to be adapted according to the precise number of persons accommodated and the duration of the stay. These tourist taxes may be invoiced and paid separately if necessary.

In case the Client changes his offer during the course of the contract, and subject to acceptance by the Landlord, this change may lead to a revision of the tariff conditions (upwards or downwards).
In case the Client intends to terminate the use of the services before the end of the initial subscription period, the Client will cease to benefit from the remaining services. However, the Provider is entitled to request payment from the Client of the sums that should have been paid according to the effective date of use and the ability to re-let the remaining stays or services. 
Different rates and conditions are proposed on the Site according to the seasons, tourist events, length of stay, number of participants, escort formulas... This detailed information is available online and generally accessible via the rental calendar.
The period of validity of the offers and prices is determined by the updated calendar and offers on the Site.

Article 6 - Payment Conditions
Payment of the Total Price by the Customer is made mainly by bank transfer or via PayPal by a PayPal account or by credit card accepted by PayPal. When paying via PayPal, PayPal commission fees are added. The amount of these fees is indicated on the Site and/or in the Contract or the Internal Regulations.
The transaction is immediately debited from the Customer's bank card after verification of the card's data, upon receipt of the debit authorisation from the company issuing the bank card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating his bank card details, the Customer authorises the Seller to debit his bank card for the amount corresponding to the All-Inclusive Price. Any tourist taxes, if charged separately, may be paid separately. Payment by bank transfer before the deadline for confirmation of the stay is also possible. Any additional services or extensions to the stay will be invoiced separately and paid for under the same conditions.
To this end, the Client confirms that he is the holder of the bank card to be debited and that the name on the bank card is indeed his own. The Customer communicates the sixteen digits and the expiry date of his/her credit card as well as, if applicable, the visual cryptogram numbers or the information requested by the validation system set up by the company issuing the credit card used by the Customer. These credit card details are neither visible nor stored by MiraVacances.
In the event that it is impossible to debit the Total Price, the Online Sale shall be immediately terminated by operation of law and the Order shall be suspended or cancelled.
The Seller shall take all necessary steps to ensure the confidentiality and security of the data transmitted on the Site. However, the Customer must ensure that he/she uses the secure site (https) of MiraVacances, or even of external online booking providers.

Article 7 - Intellectual property rights
The Seller's brand, as well as all the figurative or not brands and more generally all the other brands, illustrations, images and logotypes appearing on the application, whether they are registered or not, are and will remain the exclusive property of the Seller or their owner(s).
Any total or partial reproduction, modification or use of these trademarks, illustrations, images, logos, and more generally of the characteristics of the application and/or the progress markers appearing therein, for whatever reason and on whatever medium, without the express prior agreement of the Seller or their owner(s), is strictly prohibited.
The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Seller.
In the case of testimonials or provision of photos or media made by Customers (or participants in a Customer's holiday) and made available via the MiraVancances Site or its social networks, the Customer (and its participants in the holiday) give an unrestricted right of use to the Seller. The Customer (and his participants in the stay) ensures, before uploading, that they own the property rights of the photos and media made available and that these media are free of any image rights at the time of loading.

Article 8 - Confidentiality of Data
Please note that some information is mandatory and necessary for the processing of your request.
The absence of a response to a mandatory field is likely to compromise the proper follow-up of your file as well as the functioning of the Services and online applications.
The personal information provided is recorded in a computer file on a server hosted by papaki.com (see legal information presented on the Site).
We will only process or use your data to the extent necessary to contact you, process your requests, create and manage your user profile, create and manage your access to our online services, or conduct statistical studies.
Your personal information will be retained for as long as necessary for the performance of our services, unless (see the privacy and GDPR information and procedures on the Site for more details):
You exercise your right to have your data deleted, as described below;
A longer retention period is permitted or required by law or regulation, particularly in the case of a contractual relationship.
Note: in the points of our GDPR, a difference is made for the consent to the use of data between contractual conditions (purchase of a stay) and marketing conditions (mailing list outside the framework of a purchased Service). The Client can thus choose not to be contacted for promotional or loyalty actions or information from MiraVacances outside the period of the purchased Service and thus preserve his peace of mind.
During this period, we put in place all the necessary means to ensure the confidentiality and security of your personal data, so as to prevent their damage, deletion or access by unauthorised third parties.
Access to your personal data is strictly limited to our staff and, where applicable, to our subcontractors.
Such subcontractors are subject to an obligation of confidentiality and may only use your data in accordance with our contractual terms and applicable law.
Apart from the cases set out above, we undertake not to sell, rent, transfer or give access to your data to third parties without your prior consent, unless we are obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).

In general, Clients (and participants in their stay) shall take all appropriate measures to protect their equipment and their own data, in particular from viral attacks via the Internet.

The uses of the data are described in more detail in our RGPD document. Please note that we do not manage the information you provide to external booking platform operators if you use them. Our privacy and GDPR policies are limited to our direct scope.
The recipients of your data are normally located in the European Union. The following safeguards have been taken to ensure a sufficient level of protection for your information:
  • Either the country of the recipient(s) offers an adequate level of protection by decision of the European Commission;
  • Either the recipient(s) adhere(s) to the principles of the "Privacy Shield";
  • Or the transfer is regulated in accordance with the requirements of European Regulation n°2016/679/EU of 27 April 2016 (standard protection clauses adopted by the European Commission or the CNIL). For any additional information or complaint, you can contact the Commission Nationale de l'Informatique et des Libertés (more information on www.cnil.fr).
Finally, we would like to inform you of the existence of a mechanism in the event of a dispute. The European Commission provides users with an online dispute resolution platform (RLL), accessible via the following link: https://ec.europa.eu/consumers/odr/.

Article 9 - Force Majeure
The Seller's performance of its obligations under these GTC&U and any resulting Contract shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would hinder or delay its performance.
The Seller shall notify the Customer of the occurrence of such an act of God or force majeure within, as far as possible, 7 days from the date of the occurrence of the event or as soon as sufficient material conditions permit.

Article 10 - Nullity of a Contract Clause
If any of the provisions of the Contract resulting from these GTC&U or from the terms and conditions of the Services concerned were to be invalidated, this would not entail the invalidity of the other provisions of the Contract, which shall remain in force between the Parties.

Article 11 - Independence of the Parties
Neither of the Parties may make any commitment in the name and/or on behalf of the other Party. Furthermore, each of the Parties shall remain solely responsible for its allegations, commitments, services, products and personnel.

Specific provisions relating to the use of goods and services made available when hiring a Service (General Terms of Use - GTU)

Article 12 - Purpose of the GTU
The following provisions are intended to define the rights and obligations relating to the use of the property offered for rental by the Clients and the associated services.
The stays are short term rentals from one day to a maximum of one month according to French law. The formulas offered can offer different durations and can possibly provide for subscription modes if desired.
The rental methods do not allow the Client to establish a principal residence in the premises offered, nor to sublet them, nor to organise festive events with a significant number of outside persons.
The use of the rented property must be carried out in compliance with the law, but also in compliance with the neighbourhood and good manners.
The present GTU apply, without restriction or reserve, to the use of the services and equipment made available during the stays.
These GTU are accessible at any time on the www.miravacances.eu website and will prevail, if necessary, over any other version or any other contradictory document.
These GTU may be subject to subsequent modifications; the applicable version is the one in force on the Website at the date of the beginning of the stay or the Service.

Article 13 - Internal regulations (IR)
The internal regulations for the operation and use of the property offered for rent and its equipment or services are presented separately to simplify the use of the property. Nevertheless, these rules and regulations are an integral part of the GTU and the GTC&U in general.
They can be accessed at any time on the www.miravacances.eu website. They may also be subject to subsequent modifications; the applicable version is the one in force on the Website at the date of the beginning of the stay or the Service.

Article 14 - Services offered by the application
Access to past Orders is strictly reserved to Clients acting on their own behalf, and excludes any use by third parties. The Client declares and acknowledges this when using the services of the Site.
In order to use the services of the Site, the Customer must accept the present GTU, the aspects relating to the Privacy Policy and the RGDP, and register on the Site if he/she wishes to access all the features and services.
Strictly confidential and personal identifiers and passwords are then allocated to him/her. The Customer undertakes to keep his/her codes confidential and not to disclose them to any person whatsoever. The Customer is solely responsible for the use of his codes and access to the Application, unless there is proof of fraudulent use which cannot be attributed to him.
Any fraudulent use of these codes of which the Customer is aware must be notified immediately by e-mail and in writing to MiraVacancesl.

Article 15 - Compliance with the present
In case of non-compliance with these Terms of Use by the Customer, MiraVacances or its representatives reserve the right to interrupt temporarily or permanently its access, suspending or terminating the Services in progress without notice or compensation.

Article 16 - Responsibilities
MiraVacances or its representatives cannot be held responsible in case of failure, breakdown, difficulty or interruption of operation, preventing access to the Property, the Services or the Site.
Neither MiraVacances nor its representatives will be responsible for any damage caused to the Clients (and to the participants of their stay) of the Site and the Services and/or to third parties due to their connection or their use.

The use of the Property and its equipment is under the responsibility of the Client during his stay, in particular with regard to the participants who are considered under his responsibility, but also with regard to the use of the equipment as a "good father/good mother", as well as the respect of safety rules (swimming pool, sauna, jacuzzi, barbecue, bicycles etc.).

Clients and participants of their stay waive any action against MiraVacances and its representatives for this reason. MiraVacances and its representatives will also have the possibility to take action against the Client in case of prejudice linked to the breach of these rules and responsibilities.

General provisions

Article 17- Applicable law
The present conditions of use are governed by French law and are subject to the jurisdiction of the courts of Alès (NÎmes), France, subject to a specific attribution of jurisdiction arising from a particular legal or regulatory text.

Article 18 - Contacting us
Any notification or request for information will be validly made to the representatives of MiraVacances:
Online, at the address: This email address is being protected from spambots. You need JavaScript enabled to view it.

Or by mail to the address :

MiraVacances
4 impasse des Voyageurs,
30190 Moussac
France
 
N.B.: Related legal and usage information: see in the footer of the website