Terms and conditions
# Terms and Conditions
These Terms and Conditions apply to any stay marketed, managed or handled by ZeWelcome, whatever the booking channel. They supplement the specific conditions of the booking, the house rules of the property and, where applicable, the terms of the platform used. The specific conditions only override these Terms and Conditions where they expressly say so.
## Role of the agency
ZeWelcome acts as agent for the owner of the property (the "Owner"). The rental agreement is entered into directly between the Guest and the Owner, represented by ZeWelcome, which is not a party to it. Under its mandate, ZeWelcome handles the marketing of the property, the management of the booking, the collection of payments on behalf of the Owner, communication with the Guest and the coordination of services related to the stay. Obligations relating to the provision, condition and conformity of the property rest with the Owner. As ZeWelcome acts in the name and on behalf of the Owner, only the Owner is bound to the Guest under the rental agreement. ZeWelcome receives and handles, on the Owner's behalf, any communication or claim relating to the booking. The Owner's full identity is disclosed to the Guest upon written request in the event of a dispute. Unless stated otherwise, concierges, technicians, cleaning staff, pool maintenance providers and other local contractors are independent service providers, with no authority to modify the booking or to bind ZeWelcome.
## Property and booking
Before booking, the Guest confirms having reviewed the essential characteristics of the property (location, capacity, amenities, description, photographs) and the price. Photographs and descriptions are for illustration purposes; furniture, decoration or non-essential equipment may be replaced with equivalent items. The Guest is responsible for the accuracy of the information provided, in particular their identity, contact details and the number of occupants. The booking must be made by a person aged at least 21 (the "Lead Guest"), who must be present throughout the stay and is responsible for all occupants. ZeWelcome may request the list of occupants, an identity document of the Lead Guest or any document needed to secure the booking, prevent fraud or comply with a legal obligation. If these conditions are not met, access may be refused and the booking is then treated as cancelled by the Guest. The booking becomes firm under the conditions stated at the time of confirmation; electronic acceptance of the applicable terms and the requested payment constitute the Guest's commitment.
## Prices and payments
The price and services are those displayed at the time of booking. Unless the specific conditions state otherwise, a 30% deposit is due at booking and the balance no later than 30 days before arrival; for bookings made less than 30 days before arrival, full payment may be required immediately. If a payment is not made when due, ZeWelcome may suspend or cancel the booking. Costs actually incurred as a result of a rejected payment, an unjustified chargeback or fraud may be recharged to the Guest.
## Right of withdrawal
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to accommodation services provided on a specific date or for a specific period. The booking is therefore subject to the cancellation conditions from the moment it is made.
## Cancellation
The cancellation conditions provided at the time of booking form an integral part of the contract. A non-refundable rate or special offer may provide for different terms. Late arrival, no-show or early departure does not give rise to any refund of unused nights.
## Changes to the booking
Any request to change the booking (dates, length of stay, number of occupants) must be sent in writing to ZeWelcome, which will consider it subject to availability, with no obligation to accept. Each accepted change incurs an administration fee of €75 including VAT. Any price increase is payable by the Guest; a price decrease does not give rise to a refund. A reduction in the number of nights, or a postponement requested less than 30 days before arrival, is treated as a partial cancellation. Cancellation conditions continue to be calculated on the basis of the original booking.
## Occupancy
The property may only be used by the persons declared in the booking, within the limit of its capacity. For everyone's safety and to honour the commitments made to the Owner and the neighbours, any other person's presence on the property, even briefly, during the day or in outdoor areas (garden, terrace, pool, parking), requires ZeWelcome's prior approval, whether or not they are relatives and whether or not they stay overnight. The maximum capacity may never be exceeded. The booking may not be transferred or sublet. The property is intended for a private stay; any professional, commercial, event or filming use requires prior written approval.
## Respect for the property and neighbours
Our properties welcome guests looking for peace and quiet, often within a residential neighbourhood. The Guest must respect the premises, the equipment, the neighbours and the house rules, and is responsible for the behaviour of all occupants and anyone they invite. Unauthorised parties, receptions and gatherings are prohibited, as is any noise nuisance (loud music, karaoke, shouting). Hosting more people than authorised constitutes an unauthorised gathering, regardless of whether it is a family occasion, how long it lasts or whether the persons stay overnight. The following constitute serious breaches: exceeding the authorised number of persons, a prohibited gathering, serious or repeated nuisance, subletting, unlawful use, violence, dangerous behaviour or refusal to stop a disturbance. In such cases, ZeWelcome or the Owner may give notice ending the stay, which automatically terminates the booking; occupants and visitors must then vacate the premises within the time indicated, failing which the assistance of the competent authorities may be requested. Unused nights are not refunded and any costs, damage and intervention fees remain payable.
## Prohibited uses
To preserve the property and everyone's peace, the following are prohibited unless ZeWelcome has given written approval: smoking or vaping indoors; using fireworks, firecrackers or sky lanterns; lighting fires or cooking outside the equipment provided; flying a drone; setting up a sound system, hiring a DJ or playing music audible outside the property between 10 pm and 8 am; bringing in outside service providers (caterer, DJ, photographer, decorator, event organiser); using glass containers around the pool; moving indoor furniture outside or rearranging the layout; adding tents, mattresses or extra bedding; possessing or using illegal substances; parking outside designated spaces.
## Arrival and departure
Arrival and departure times and procedures are set out in the specific conditions or communicated before the stay. Early arrival or late departure is possible with prior approval, subject to availability. Remaining on the premises beyond the departure time without authorisation may result in charges for the costs and losses incurred, particularly where it disrupts the preparation of the property or the arrival of the next guests.
## Reporting during the stay
So that every stay gets off to a smooth start, the Guest has 24 hours after arrival to report in writing, with photographs, any anomaly, damage, missing item or difference from the description. Otherwise, the property and its inventory are deemed to have been handed over in good condition and as described, except for defects not detectable on normal inspection. Any subsequent problem (breakdown, damage, pests, significant discrepancy) must be reported as soon as it is noticed, so that our teams can check it and act promptly. Where a problem was not reported in good time and this prevented it from being checked or resolved, no compensation may be claimed on the grounds that no action was taken. The Guest must not have any repair or intervention carried out by a third party without ZeWelcome's prior approval, except in an obvious emergency to prevent further damage.
## Access to the property
The Guest must allow access to the property when necessary for repairs, technical work, the safety of people or property, or the handling of an incident; the Guest will be informed in advance. In a genuine emergency (water leak, fire, alarm, risk to people or property), access may take place without waiting for the Guest's permission. In the event of a nuisance or suspected breach, in particular exceeding the authorised number of occupants, ZeWelcome or any authorised representative may come to the property to assess the situation and request that the disturbance stop; refusing such an assessment or refusing to stop the disturbance constitutes a serious breach.
## Security deposit and stay-related costs
A security deposit (deposit, card pre-authorisation or equivalent) may be required. Providing it within the stated time is a condition of access to the property, which may be deferred until it is provided, without any resulting delay being attributable to ZeWelcome or the Owner. It covers in particular damage, losses, missing items, damage to furniture, equipment, linen and textiles, additional cleaning, waste removal and restoration, as well as any call-outs (concierge, cleaning, maintenance, locksmith, security) made necessary by a breach or by the occupants' behaviour. Amounts withheld are based on the actual, documented cost. The amount of the deposit does not limit the Guest's liability, and the Guest remains liable for any excess.
## Fixed penalties
The following amounts only apply in the event of a breach of these Terms. As a penalty clause (Article 1231-5 of the French Civil Code), they cover the handling of the incident and the loss suffered by the Owner and ZeWelcome: undeclared person or exceeding capacity, €100 per person per night or day; unauthorised party or gathering, €1,000; smoking, vaping or any other substance smoked indoors, €300; unauthorised animal, €250 per animal; fireworks, unauthorised fire or drone, €300; tampering with a pool safety device, €250; unauthorised late departure, €50 per hour or part thereof; call-out of a contractor made necessary by a nuisance or breach, €150. These amounts are in addition to documented repair, cleaning, restoration and call-out costs, may be deducted from the security deposit and do not preclude ending the stay.
## Keys and access devices
Keys, badges, remote controls and other access devices must be returned in accordance with the instructions provided. Their loss, damage or non-return may result in charges for their replacement and, where the security of the property so requires, for the replacement or reprogramming of the lock or access system.
## Pets
Pets are only accepted where the listing says so or with prior written approval. An unauthorised animal may result in refusal of access, a request for its removal or, depending on the seriousness, the end of the stay. Specific costs it causes (cleaning, deodorising, treatment, repairs) are payable by the Guest.
## Upkeep and tropical environment
The Guest must keep the property in a condition consistent with normal use and follow the instructions for using the equipment. The included cleaning does not cover restoration required by unusual soiling, excessive waste, significant stains or improper use. Guadeloupe offers an exceptional natural setting: the occasional presence of insects, lizards, iguanas or other local wildlife, outdoors or occasionally indoors, is part of it and does not constitute a lack of conformity. Any suspected infestation must, however, be reported immediately for inspection. As across the whole archipelago, occasional interruptions to the public water or electricity supply and seasonal arrivals of sargassum seaweed on some coastlines may occur. As these phenomena are unrelated to the property, they do not constitute a lack of conformity, and our teams remain available to inform and assist the Guest if needed.
## Internet and equipment
Equipment must be used for its intended purpose and in accordance with the instructions provided. Internet access, where offered, must be used lawfully. Unless expressly guaranteed at the time of booking, no minimum speed or permanent availability of a service supplied by an outside operator is guaranteed. A temporary breakdown handled diligently does not automatically give rise to compensation.
## Pool and outdoor areas
Pools, terraces, gardens and leisure equipment must be used with care and for their intended purpose. Safety devices must never be disabled, moved or tampered with, and any damage must be reported immediately. Children must be supervised at all times by the adults accompanying them.
## Insurance
Where the specific conditions require it, the Guest must hold insurance covering their liability arising from the temporary occupation of the property and may be asked to provide proof. Cancellation or travel insurance offered separately is optional and governed by the insurer's terms.
## Personal belongings
Occupants remain responsible for their personal belongings, luggage, valuables and vehicles; ZeWelcome provides no safekeeping service. Items found after departure may be kept temporarily, with shipping costs payable by their owner.
## Operation of the stay
ZeWelcome is liable for breaches personally attributable to it. It cannot be held liable for the acts of the Owner, an occupant, an independent contractor, a network operator, a platform or any other third party, nor for events outside the property beyond its control: external interruptions to water, electricity, telecommunications or Internet, works or nuisances outside the property, weather, sea or beach conditions, seasonal presence of plants or animals, or measures taken by the authorities. These events do not in themselves constitute a lack of conformity of the property or grounds for a price reduction, refund or compensation. Information from the Owner or third parties is passed on by ZeWelcome on the basis of the information provided to it.
## Exceptional circumstances and climate
Like every Caribbean destination, Guadeloupe can have a season conducive to tropical weather events. A stay is not cancelled or changed free of charge in anticipation of a forecast or potential weather event: as long as the stay remains feasible, the cancellation conditions apply. If an external, unforeseeable and unavoidable event, such as a traffic ban or airport closure ordered by the authorities, actually prevents the stay, the rules on force majeure apply and ZeWelcome will first offer a postponement. During the stay, the Guest follows the instructions of the authorities and of ZeWelcome, whose teams remain on hand to assist; periods of weather alert during which the property remains available do not give rise to a refund. Cancellation and interruption insurance covering weather-related events is recommended.
## Stay follow-up and dispute resolution
Any request relating to the stay should preferably be raised during the stay, so that we can respond as effectively as possible, at contact@zewelcome.com. Emails, messages, booking and payment data, photographs, lawfully obtained videos, reports, call-out reports, quotes and invoices may be used to establish the facts. After a prior written complaint that has not been satisfactorily resolved, consumers may refer the matter free of charge to the consumer mediator: CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, France, Tel.: +33 1 89 47 00 14, Email: declarer-un-litige[@]cm2c.net, https://www.cm2c.net/declarer-...
## Governing law
The contract and these Terms and Conditions are governed by French law. Failing an amicable settlement, any dispute shall be brought before the competent courts in accordance with the applicable rules.
## Applicable version
The applicable version is the one accepted at the time of booking; any later amendment does not affect a booking already confirmed. This is a translation: in case of discrepancy, the French version prevails.