Lipstick Port Nature – Apartment with View on Waiki Beach

1. CANCELLATION BY THE TENANT

Any cancellation request must be made in writing and sent to contact@capdagdestudio.com. The date on which the cancellation request is received shall determine the effective date of cancellation.

1.1 CANCELLATION AT LEAST 30 DAYS BEFORE ARRIVAL

The Tenant may cancel the reservation free of charge up to 30 days before the scheduled arrival date. Any amounts already paid in connection with the reservation will then be refunded.

In the event of a refund, payment processing fees related to credit card transactions, where such fees were applied to the transaction, shall remain payable by the Tenant and shall be deducted from the amount refunded according to the type of card used:

• Standard cards issued within the European Economic Area (EEA): 1.5% + EUR 0.25
• Premium cards issued within the EEA: 1.9% + EUR 0.25
• UK-issued cards: 2.5% + EUR 0.25
• International cards: 3.25% + EUR 0.25
• Additional foreign exchange conversion fees: + 2%

1.2 CANCELLATION LESS THAN 30 DAYS BEFORE ARRIVAL

Less than 30 days before the scheduled arrival date, the reservation becomes fully non-refundable. The full amount of the reservation remains due. Where the stay has already been paid in full, no refund will be made. Where a balance remains outstanding, such balance remains payable in accordance with the contract.

This rule applies in particular where the cancellation results from a personal event such as illness, hospitalization, accident, death of the Tenant or a relative, professional issues, separation, family circumstances, cancellation or disruption of transportation, or any other personal circumstance preventing the stay.

Under these contractual terms, such events do not constitute grounds entitling the Tenant to free cancellation or a refund, subject to any mandatory statutory provisions that may apply.

It is the Tenant’s responsibility to protect against such risks by taking out appropriate cancellation or travel insurance and to check any insurance cover or guarantees attached to their bank card.

2. MODIFICATION OF THE RESERVATION

Any request to modify a reservation must be made in writing.

Up to 30 days before arrival, a change of dates may be accepted without a modification fee, subject to availability and the Owner’s agreement. Any price difference resulting from the new dates shall remain payable by the Tenant.

Less than 30 days before arrival, any modification is subject to the Owner’s prior approval and does not constitute a right of the Tenant. If a requested modification cannot be accepted, this shall not entitle the Tenant to any refund once the reservation has entered the non-refundable period.

3. NO-SHOW AND SHORTENED STAY

In the event that the Tenant does not arrive on the scheduled arrival date, the full amount of the stay remains due and no refund will be made.

The same applies where the Tenant is unable to undertake the stay for a personal reason such as illness, accident, hospitalization, death, or any other personal circumstance that does not legally constitute a case of force majeure.

Any stay interrupted or shortened at the Tenant’s initiative shall not entitle the Tenant to a refund for unused nights. It is the Tenant’s responsibility to take out appropriate insurance if they wish to be covered against such risks.

4. INABILITY TO TRAVEL DUE TO TRANSPORTATION ISSUES

The Tenant’s inability to reach the accommodation due to a problem affecting their chosen means of transportation shall not entitle them to a refund of the reservation.

This includes, in particular:

• cancellation, delay or modification of a flight;
• cancellation, delay or modification of a journey by train, bus or boat;
• missed connections;
• strikes affecting the chosen means of transportation;
• breakdown or other problems affecting the Tenant’s vehicle;
• more generally, any event affecting the means of transportation chosen by the Tenant.

Such events are independent of the availability of the accommodation and do not, by themselves, constitute contractual grounds for free cancellation or a refund, subject to any mandatory statutory provisions that may apply.

It is the Tenant’s responsibility to take out appropriate travel or cancellation insurance covering, in particular, airline tickets, train tickets or any other means of transportation, and to check the guarantees attached to their bank card.

5. CANCELLATION BY THE OWNER

If the Owner is exceptionally unable to make the reserved accommodation available to the Tenant, the Tenant shall be informed as soon as possible.

Where possible, alternative accommodation of an equivalent or higher standard may be offered. The Tenant remains free to accept or refuse such alternative accommodation.

If no alternative solution is available or accepted by the Tenant, the amounts paid in connection with the relevant reservation shall be refunded.

6. FORCE MAJEURE

In accordance with Article 1218 of the French Civil Code, force majeure is an event beyond the control of the affected party, which could not reasonably have been foreseen at the time the contract was entered into, whose effects could not be avoided by appropriate measures, and which prevents the affected party from performing its contractual obligation.

The following may, in particular, constitute force majeure where the legal requirements are met:

• a major natural disaster making access to or occupation of the accommodation impossible;
• a pandemic, or a general administrative measure directly connected with it, where such event or measure makes performance of the stay legally or materially impossible.

Mere difficulty, additional cost, or a personal decision not to undertake the stay shall not be sufficient to constitute force majeure.

Illness, hospitalization, accident or death affecting the Tenant, an accompanying person or a relative shall not, under this contract, automatically entitle the Tenant to free cancellation or a refund. If the Tenant wishes to be covered against such personal risks, appropriate cancellation or travel insurance should be taken out.

Likewise, cancellation, delay or disruption of the means of transportation chosen by the Tenant shall not, by itself, constitute force majeure affecting the contract where the accommodation remains available.

Where an event is legally recognized as constituting force majeure and effectively prevents performance of the contract, its consequences shall be determined in accordance with the applicable statutory provisions.