Terms of Service
Last updated: 2 December 2024
Thank you for joining us on our site. We’re glad you’re here with us.
By using the Site (referred to here as the “Services”), you agree to Site Terms and Conditions set forth below.
By making a booking on the Site, you agree to the Rental Terms and Conditions. Please read the Site Terms and Conditions he Rental Terms and Conditions carefully.
Site Terms and Conditions
We provide the Services to you on the terms below, on any updated Terms of Service we may provide from time to Time and on the terms of any rules or procedures we provide in the Services from time to time, such as, for example, rules that apply to the posting of content or the participation in discussion forums available on the Services (collectively, the “Terms”). By using or accessing the Services in any way, you agree to the Terms. If you do not agree to the Terms at any time, we do not authorize you to use or access the Services in any way and we ask you to please not use or access the Services in any way.
The Services include a number of different features which will grow and change over time and its possible that we will provide additional specific terms for new features. It’s your responsibility to familiarize yourself with those terms. In the event any specific terms we provide for specific Service features conflict with any other part of the Terms, the specific terms will control.
PRIVACY
We respect your need for privacy and take your privacy seriously. Please review our Privacy Policy to understand our privacy practices. Our Privacy Policy forms part of the Terms, as if it was set forth entirely in these Terms of Service. By agreeing to the Terms, you agree to our Privacy Policy.
NO ASSURANCE OF CONTENT ACCURACY
The content on the Services comes from us, from members of the community and from third party sources. It does not necessarily represent our own points of view or that of any company or organization referenced in the Services, including, without limitation, the maker of any product listed on the Services, or any advertiser on or sponsor of the Services. All content is political speech meant to encourage healthy debate, research and a better, deeper understanding of complicated issues and both the facts related to them and potential ways of addressing them. While we would like content on the Services to be as accurate as possible, we cannot make any assurance of its accuracy and make no assurance of its accuracy. BY USING THE SERVICES, YOU ACCEPT ALL RISK THAT CONTENT ON THE SERVICES IS NOT ACCURATE AND WAIVE ANY CLAIM BASED ON THE ACCURACY OF CONTENT ON THE SERVICES. If you are not comfortable with that, please do not use the Services. We encourage you to do your own research and to form your own views and hope that the Services will serve as both an inspiration and a tool to you in that effort. We also encourage you to use the means we make available on the Services to contribute content and to help make the content on the Services more complete and more accurate. Please take an active part in building the Services and the thoroughness and accuracy of everything on them.
ELECTRONIC COMMUNICATIONS
You agree to receive communications from us electronically, such as via e-mail, text, mobile push notices, or notices and messages on the Services. You also agree that agreements we may make with you using electronic communications and notices and other communications we may provide to you using electronic communications satisfy any legal requirement that they be in writing.
COPYRIGHT
All content included in or made available through the Services, including all information, photos and other images, videos, sounds and graphics, together with the software that enables or creates them, are our proprietary property, of that of our suppliers and are protected by United States and international copyright laws. Any compilation of content on the Services is also our propriety property or that of our suppliers and is protected by United States and international copyright laws.
TRADEMARKS
Montbreton is a trademark in the United States and other countries. In addition, logos, colors, graphics, page layouts and service feature names we use on the Services are our trademarks or trade dress in the United Sates and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All trademarks not owned by us that appear in the Services are the property of their respective owners, who may be affiliated with us or who may not be affiliated with us in any way.
PATENTS
Portions of the Services may operate under license of one or more patents.
LICENSE AND ACCESS
You have no “right” to use the Services. Provided that you accept and abide by the Terms, we grant you a limited license to use the Services for your own personal, non-commercial purposes (the “License”). We can terminate the License at any time at our sole election, for any reason or for no reason at all, without notice to you, and the License terminates automatically and immediately without notice to you in the event we terminate the License or in the event you violate the Terms. If you do violate the Terms and cause the License to terminate, it’s your responsibility to stop using the Services. The License is non-exclusive, non-transferable and non-sub licensable, does not permit any commercial use, including, without limitation, any derivative or other use of any content or any data mining or similar use, however effectuated. We and any of our content and service providers reserve and retain all rights which we do not expressly grant to you in these Terms.
NO REUSE, MISUSE OR USE NOT PERMITTED BY LAW
You may not reproduce, duplicate, copy or re-use the Services in any way, including, without limitation, by framing any part of the Services. You may use the Services only as permitted by law.
YOUR ACCOUNT
To use some features of the Services, you may need to register to be a Member by creating an account on the Services, and you may be required to be logged in to your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
THE SERVICES ARE PROVIDED FOR USE BY ADULTS
The Services are provided for use by adults only. If you are under 13, or the legal age of responsibility where you reside, whichever is greater, you may use the Services only with oversight and under the control of a parent or guardian.
CHANGES TO THE SERVICES
We reserve the right to change the Services and Service features at any time and to change or remove content on the Services, including content you have contributed, at any time, in any way we see fit, at our sole election, without notice to you.
COMMENTS, INFORMATION, PHOTOGRAPHS AND OTHER CONTENT AND COMMUNICATIONS
The Services may include various ways for you to provide content, to provide ratings, to provide suggestions, and to participate in discussion groups and other community activities. If you use these features, and we hope you will, you must abide by any and all content and communication guidelines we provide and may not, under any circumstances, provide content that violates the copyright or other rights (including, without limitation, publicity rights), of any party or provide content that is otherwise illegal, slanderous, obscene, or threatening. You may also not contribute any spam, use a false identity to provide content, impersonate any other party when contributing content, use the Services for “phishing” or other purposes that may be harmful to the Services or to others using the Services, or otherwise mislead us or others in using the Services. We reserve the right to remove or edit any content and ratings you and other members of the community provide, but we have no obligation to do so and may not regularly review community provided content.
If you do provide content or if you communicate any suggestions in any way, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the content and suggestions throughout the world in any media. You further grant us and our sublicensees the right to use your name and the name of any account you use to contribute content and suggestions in connection with any content and suggestions you submit. You acknowledge, however, that neither we nor any of our sublicenees is obligated to use your name or the name of any account you use in connection with the content or suggestions you provide or to provide you any form of credit in connection any use of your content or suggestions. You represent and warrant that you own or otherwise control all of the rights to the content that you provide; that the content is accurate; that use of the content you supply will not violate the rights of any party or cause injury to any party; and that you will indemnify us for all claims resulting from content you supply. Note that some content submission features on the Services may allow you to establish certain privacy settings, such as a setting which determines whether or not content provide will be viewable to all, or only to registered Services Members and whether your full name or only a portion of it is shown with the content you provide. We encourage you to use these settings to establish the settings you are comfortable with.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our notice and procedure for copyright complaints below.
PRODUCT DESCRIPTIONS AND CONTENT AND RATINGS ACCURACY
As provided above, we do not warrant that product descriptions, ratings or other content on the Services are accurate, complete, reliable, current, or error-free. Without limiting the foregoing, you acknowledge that we reserve the right to delete ratings and that we are not responsible for ensuring that rules for community rating features are followed, and that community ratings shown will not necessarily reflect community ratings provided or provide an accurate reflection of community perceptions.
SANCTIONS AND EXPORT POLICY
You may not use any of the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
OTHER BUSINESSES
We may provide links to websites and services operated by third parties and members of our community may do so as well. We do not examine these sites and services and take no responsibility for them. You should carefully review them and their privacy policies and terms of use yourself.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THEM ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, RATINGS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, RATINGS, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, RATINGS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
APPLICABLE LAW
We operate the Services in California and allow you to access them in California. In using the Services, you access them and use them in California. Accordingly, the laws of the State of California and applicable federal laws of the United States apply to your use of the Services, to the exclusion of other laws. You agree that any dispute of any sort that may arise between you and us or between you and any third party related to the Services will be governed exclusively by the laws of the State of California and applicable federal laws of the United States, including, without limitation, the United States Federal Arbitration Act, without regard principles of conflict of laws.
DISPUTES
You agree that any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court in Los Angeles County, California, if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, The Corporation Trust Company.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Los Angeles County, California or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to the Terms at any time. If any part of the Terms are deemed invalid, void, or unenforceable, for any reason (“Invalidity”), that part of the Terms will be deemed severable and deleted from the Terms and the Invalidity will not affect the validity and enforceability of the other parts of the Terms.
OUR ADDRESS FOR LEGAL NOTICES
Montbreton, The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801
How to Serve a Subpoena
If you have a subpoena to serve on us, please note that we do not accept service via e-mail or fax and will not respond to any subpoena sent via email or fax. All subpoenas must be properly served on us, preferably by mailing the subpoena to The Corporation Trust Company, our registered agent. The address for The Corporation Trust Company is just above.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Services;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on our Services can be reached via email at:
contacts@montbreton.com
Please note that this email address is exclusively for notifying us that your copyrighted material has been infringed and the mailing address is exclusively for providing us legal notices.
Rental Terms and Conditions
Terms and Conditions for Renting Château Montbreton
1. Introduction
Welcome to Montbreton.com. These Terms and Conditions govern the terms and conditions of rentals of Chateau Montbreton via this site. They form a legally binding agreement between Legal Rights and Services, LLC, the limited liability company renting the property to you through this site (referred to as “Owner” in this agreement) and you, as the renter (“you” and, together with any of your guests, “Guests”). By booking a stay at Château Montbreton, you agree to comply with and be bound by the following terms and conditions. Please read them carefully. You acknowledge that you are renting the property from Owner and that any claim or question you may have related to your rental shall be made exclusively with respect to Owner and not with respect to or against any other person or entity.
2. Booking and Payment
2.1 Booking Confirmation: A booking is confirmed upon receipt of a non-refundable deposit of 25% of the total rental amount. The balance is due eight weeks before arrival.
2.2 Payment Methods: Payments can be made via the payment mechanism included on our site.
3. Cancellation Policy
3.1 Cancellation by You: Cancellations must be made in writing. If canceled more than 4 weeks before arrival, the 25% deposit will not be refunded, but 50% of remaining amounts paid will be refunded. No refunds are provided for cancellations made less than four weeks before arrival.
3.2 Cancellation by Owner: In the unlikely event that the property becomes unavailable, a full refund will be provided, but Owner will not be responsible for any other expense you or any Guests may have incurred.
4. Security Deposit
A refundable security deposit of 10% of the rental amount is required to cover any damages or additional cleaning. This deposit will be refunded within thirty days after departure, less any deductions for damages and to cover the cost of excessive cleaning requirements.
5. Use of Property
5.1 Occupancy: The property is to be used solely for vacation purposes by you and any Guests listed in the booking. Subletting or assigning is prohibited.
5.2 Conduct: Guests are expected to respect the property and neighbors. Any illegal activities or disturbances may result in immediate termination of the rental without refund.
6. Check-In and Check-Out
Check-In: From 16H00 on the arrival date.
Check-Out: By 10H00 on the departure date.
Late check-out may result in additional fees.
7. Liability
7.1 Guest Responsibility: Guests are solely responsible for their personal belongings. Owner is not liable for any loss, theft, or damage to personal items. You and any Guests are solely responsible for your safety and well-being while on the property and you agree to protect and indemnify Owner from and against any claims related to your use or enjoyment of the property and any claims related to the use of enjoyment of the property by Guests, including, but not limited to, any claims related to any personal injury.
7.2 Property Condition: Guests are expected to leave the property in the condition it was found. You are responsible for any damages or excessive cleaning requirements. Costs for the same will first be deducted from the security deposit. Amounts not covered by the security deposit will be paid for by you promptly upon request by Owner. Owner will provide description of the nature of the damage and cost with any request for payment.
8. Insurance
Guests are advised to obtain travel insurance covering personal belongings, health, wellbeing and trip cancellations.
9. Governing Law
These terms and conditions are governed by the laws of France. Any disputes arising shall be subject to the exclusive jurisdiction of the French courts.
10. Amendments
Owner reserves the right to amend these terms and conditions at any time. You will be notified of any changes prior to your stay.
11. Contact Information
For any queries or concerns, please contact:
Legal Rights and Services LLC
Chateau Montbreton
33890 Pessac-sur-Dordogne
France
contact@montbreton.com
Conditions Générales de Location du Château Montbreton
1. Introduction
Bienvenue sur Montbreton.com. Ces conditions générales régissent les termes et conditions des locations du Château Montbreton via ce site. Elles constituent un accord juridiquement contraignant entre Legal Rights and Services, LLC, la société à responsabilité limitée qui loue la propriété à travers ce site (désignée comme le « Propriétaire » dans cet accord), et vous, en tant que locataire (« vous » et, avec vos invités, les « Invités »). En réservant un séjour au Château Montbreton, vous acceptez de respecter et d’être lié par les présentes conditions générales. Veuillez les lire attentivement. Vous reconnaissez que vous louez la propriété au Propriétaire et que toute réclamation ou question relative à votre location doit être adressée exclusivement au Propriétaire et non à toute autre personne ou entité.
2. Réservation et Paiement
2.1 Confirmation de Réservation : Une réservation est confirmée dès réception d’un acompte non remboursable de 25 % du montant total de la location. Le solde doit être payé huit semaines avant l’arrivée.
2.2 Méthodes de Paiement : Les paiements peuvent être effectués via le mécanisme de paiement disponible sur notre site.
3. Politique d’Annulation
3.1 Annulation par Vous : Les annulations doivent être effectuées par écrit. En cas d’annulation plus de 4 semaines avant l’arrivée, l’acompte de 25 % ne sera pas remboursé, mais 50 % des montants restants payés seront remboursés. Aucun remboursement ne sera accordé pour les annulations effectuées moins de quatre semaines avant l’arrivée.
3.2 Annulation par le Propriétaire : Dans le cas improbable où la propriété deviendrait indisponible, un remboursement complet sera effectué, mais le Propriétaire ne sera pas responsable des autres frais que vous ou vos Invités pourriez avoir engagés.
4 Dépôt de Garantie
Un dépôt de garantie remboursable équivalent à 10 % du montant de la location est requis pour couvrir tout dommage ou nettoyage supplémentaire. Ce dépôt sera remboursé dans les trente jours suivant le départ, déduction faite des frais liés aux dommages et au nettoyage excessif.
5. Utilisation de la Propriété
5.1 Occupation : La propriété doit être utilisée uniquement à des fins de vacances par vous et les Invités mentionnés dans la réservation. La sous-location ou la cession est interdite.
5.2 Conduite : Les Invités doivent respecter la propriété et les voisins. Toute activité illégale ou perturbation peut entraîner la résiliation immédiate de la location sans remboursement.
6. Arrivée et Départ
Arrivée : À partir de 16H00 le jour d’arrivée.
Départ : Avant 10H00 le jour du départ.
Un départ tardif peut entraîner des frais supplémentaires.
7. Responsabilité
7.1 Responsabilité des Invités : Les Invités sont seuls responsables de leurs effets personnels. Le Propriétaire n’est pas responsable de toute perte, vol ou dommage aux objets personnels. Vous et vos Invités êtes seuls responsables de votre sécurité et de votre bien-être sur la propriété et vous acceptez de protéger et d’indemniser le Propriétaire contre toute réclamation liée à l’utilisation ou à la jouissance de la propriété, y compris, mais sans s’y limiter, les réclamations pour dommages corporels.
7.2 État de la Propriété : Les Invités doivent laisser la propriété dans l’état dans lequel elle a été trouvée. Vous êtes responsable des dommages ou du nettoyage excessif. Les coûts correspondants seront déduits en priorité du dépôt de garantie. Les montants non couverts par le dépôt de garantie devront être payés rapidement par vous sur demande du Propriétaire, accompagné d’une description des dommages et des coûts associés.
8. Assurance
Il est conseillé aux Invités de souscrire une assurance voyage couvrant les effets personnels, la santé, le bien-être et les annulations de voyage.
9. Droit Applicable
Ces termes et conditions sont régis par les lois de la France. Tout litige en découlant sera soumis à la compétence exclusive des tribunaux français.
10. Modifications
Le Propriétaire se réserve le droit de modifier ces conditions générales à tout moment. Vous serez informé de toute modification avant votre séjour.
11. Coordonnées
Pour toute question ou préoccupation, veuillez contacter :
Legal Rights and Services LLC
Château Montbreton
33890 Pessac-sur-Dordogne
France
contact@montbreton.com
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