LEGAL NOTICE & GTCS

Last updated: 15/09/2026

Legal Notice

Trade name: GEMS VILLAS (unregistered brand name)

Operating, managing and invoicing entity: YTESSE SCIA, YLAG SCIA, YLAS SCIA
(hereinafter referred to as the “Manager”)

Nature of activity: Management and short-term tourist rental of private villas in Mauritius.

Person in charge of publication: Camille GYR – Villa Manager

Contact email: [email protected]

General Terms and Conditions of Sale (GTCS)

GENERAL TERMS AND CONDITIONS OF SALE

Consolidated English Version

Version dated: September 15^th 2026

These General Terms and Conditions of Sale, hereinafter the “GTCS”, constitute the contractual framework applicable to any booking of a villa marketed under the Gems Villas name, whether made directly, by email, through the website, a partner agency, a booking platform or any other intermediary. They supplement the Booking Confirmation sent to the Guest.

ARTICLE 1 – DEFINITIONS AND IDENTIFICATION OF THE PARTIES

For the purposes of these GTCS, the “Owner” means the natural or legal person who owns the villa which is the subject of the booking and who is a party to the seasonal rental agreement entered into with the Guest.

The “Guest” means the person who made the booking and entered into the rental agreement with the Owner. The “Occupants” or “Travellers” mean all persons authorised to stay in the villa under the booking.

The “Concierge” means the independent service provider appointed by the Owner to provide, in particular, operational coordination of the stay, assistance to Travellers, transmission of information, and coordination of necessary interventions and services.

The Concierge is neither the owner of the villa, nor the lessor, nor a party to the rental agreement entered into between the Owner and the Guest, unless expressly agreed otherwise in writing. It nevertheless acts as the Guest’s primary operational point of contact before and during the stay.

Any notice relating to an incident, malfunction, request for intervention or difficulty concerning the villa, validly addressed to the Concierge within the scope of its assignment, shall be deemed to have been brought to the Owner’s attention.

The Concierge shall not be liable for the contractual obligations incumbent upon the Owner, except in the event of a personal fault directly attributable to the Concierge in the performance of its own assignment.

ARTICLE 2 – PURPOSE OF THE AGREEMENT

The purpose of the agreement is the short-term furnished seasonal rental of the villa identified in the Booking Confirmation, exclusively for private tourist accommodation purposes.

The rental does not constitute a residential lease, confers no right to remain in the premises and may not be used as a principal or permanent residence. The villas are not hotel establishments and the services offered may not be regarded as equivalent to those of a hotel.

ARTICLE 3 – COMMUNICATION AND ACCEPTANCE OF THE GTCS

These GTCS are provided to the Guest or made available to the Guest before or at the time the booking is confirmed.

By confirming the booking and/or paying the booking deposit after having received or been given access to these GTCS, the Guest acknowledges having read them and accepts them without reservation.

The Guest undertakes to bring them to the attention of all Occupants and remains responsible for compliance with them by all persons staying in the villa or admitted to the property under the Guest’s responsibility.

ARTICLE 4 – FORMATION AND CONFIRMATION OF THE BOOKING

The booking becomes firm and binding once the following conditions have been met:

• written confirmation of the booking;
• acceptance of these GTCS in accordance with Article 3;
• effective receipt of the deposit or payment required in the Booking Confirmation.

Before the agreement is finally formed, the Owner remains free to accept or decline any booking request. Any special condition agreed with the Guest must be expressly confirmed in writing.

ARTICLE 5 – PRICES AND PAYMENT TERMS

Unless otherwise expressly stated in the Booking Confirmation:

• a non-refundable booking deposit equal to 30% of the total amount of the stay is payable at the time of booking;
• the remaining balance of 70% must be paid in full no later than thirty (30) days before the arrival date;
• any booking made less than thirty (30) days before arrival must be paid in full at the time of booking.

The booking shall be deemed paid only once the sums due have been effectively received. If the balance is not paid within the agreed period, and after notice to the Guest where reasonably possible, the Owner may treat the booking as cancelled by the Guest and retain the booking deposit, without prejudice to any specific terms stated in the Booking Confirmation.

The Guest warrants that he or she is authorised to use the payment method used.

ARTICLE 6 – PRICES, TAXES AND STATUTORY CHARGES

The applicable prices are those stated in the Booking Confirmation. Where relevant, the Booking Confirmation specifies whether prices are inclusive or exclusive of taxes.

Any tax, contribution, charge or compulsory levy imposed by Mauritian law and applicable to the stay shall be borne by the Guest in accordance with the law.

The Mauritius Tourist Fee shall in particular be collected where the statutory conditions for liability are met, at the statutory rate applicable on the date of the stay and subject to any exemptions provided for by the regulations in force.

Any creation or amendment of a compulsory tax or charge after the booking may be passed on to the Guest where the applicable legislation requires or permits it.

ARTICLE 7 – SECURITY DEPOSIT

A security deposit may be required before arrival or at the beginning of the stay. Its amount and terms are communicated to the Guest before the stay or in the Booking Confirmation.

The security deposit may in particular cover the financial consequences resulting from:

• damage caused to the villa or its equipment;
• breakage, loss or disappearance of items;
• damage to furniture, linen or equipment;
• exceptional cleaning costs made necessary by the condition in which the villa is returned;
• loss of keys, remote controls or access devices;
• a technical intervention made necessary by misuse attributable to the Occupants;
• breach of the no-smoking rule;
• breach of occupancy limits or rules relating to visitors;
• any other damage or expense directly attributable to the Guest or persons under the Guest’s responsibility.

Any deduction must correspond to a cost actually incurred or reasonably justifiable. The balance of the security deposit shall be returned or released after the villa has been inspected, in accordance with the method of payment used and subject to any damage identified. Where the amount of the damage exceeds the security deposit, the Guest remains liable for the difference.

ARTICLE 8 – CANCELLATION BY THE GUEST, INTERRUPTION OF THE STAY AND NO-SHOW

The specific cancellation terms applicable to the booking are stated in the Booking Confirmation.

Unless otherwise agreed in writing:

• the booking deposit is non-refundable;
• any voluntary interruption of the stay gives rise to no refund;
• no refund or price reduction is due in the event of early departure initiated by the Guest;
• any no-show by the Guest on the scheduled date is subject to the cancellation terms applicable to the booking.

The cancellation or delay of a flight, a missed connection, denied boarding, the absence or irregularity of a passport, visa or other travel document, or any other personal difficulty preventing or delaying the Guest’s arrival shall not constitute a breach of the agreement attributable to the Owner.

The Guest remains responsible for checking his or her travel documents and the conditions of entry into and stay in Mauritius.

ARTICLE 9 – LIABILITY AND EXTERNAL EVENTS

The Owner shall not be liable for consequences resulting from external events reasonably beyond the Owner’s control, including in particular:

• water, electricity, Internet or telecommunications outages or disruptions attributable to public networks, competent authorities or external service providers;
• adverse weather conditions, cyclones, tropical storms or weather alerts;
• natural disasters or similar events;
• administrative or governmental decisions;
• civil unrest, strikes, pandemics or restrictions imposed by the authorities;
• illness, accidents, injury or death occurring during the stay where they do not result from a fault attributable to the Owner.

Such events may constitute force majeure where the conditions required under applicable Mauritian law are met.

Nothing in this Article shall, however, have the effect of excluding or limiting any liability of the Owner which may not lawfully be excluded or limited.

ARTICLE 10 – EXCEPTIONAL CIRCUMSTANCES AND FORCED EXTENSION OF THE STAY

Where an external event reasonably beyond the Owner’s control, including a cyclone, tropical storm, airport closure, major transport disruption, administrative or governmental decision or any other event capable of constituting force majeure, prevents the Travellers from leaving the villa on the scheduled date:

• any extension of the stay shall be subject to availability of the villa;
• any additional night shall be charged at the applicable rate, unless otherwise agreed in writing;
• the Owner shall not be required to relocate the Travellers if the villa must be vacated for a subsequent booking or becomes unavailable;
• the Owner shall not be liable for the Travellers’ inability to leave Mauritius or reach their next destination.

ARTICLE 11 – CAPACITY, OCCUPANTS AND VISITORS

The maximum capacity communicated for each villa is binding. At the request of the Owner or the Concierge, the Guest must provide the exact number of adults and children who will be staying in the villa.

No additional person may stay overnight in the villa without prior authorisation. The Owner may also limit the number of visitors present at the property, even where they do not stay overnight.

Any unauthorised excess over the agreed capacity may result in:

• the charging of any applicable additional costs;
• a requirement for unauthorised persons to leave the property;
• in the event of a serious or persistent breach, early termination of the stay in accordance with these GTCS.

The Guest remains responsible for the conduct of all Occupants and visitors admitted to the property.

ARTICLE 12 – STRICTLY PRIVATE USE – PARTIES, EVENTS AND PROFESSIONAL ACTIVITIES

The villas are intended exclusively for private residential use. The following are prohibited without prior written authorisation:

• parties;
• receptions;
• events;
• large gatherings;
• professional meetings;
• filming;
• professional photo shoots;
• commercial activities;
• any activity generating unusual external attendance or disturbance.

Any exceptional authorisation may be subject to specific conditions, a maximum capacity, additional charges and/or an additional security deposit. The granting of an exception on a particular occasion shall not constitute any waiver of these GTCS for the future.

ARTICLE 13 – ARRIVAL AND DEPARTURE

Arrival and departure times are those communicated in the Booking Confirmation or arrival information. Any early arrival or late departure is subject to the prior agreement of the Concierge and availability of the villa.

An unauthorised late departure may give rise to the charging of costs reasonably incurred, including, where justified, an additional night if the delay prevents the villa from being prepared or affects the following booking.

On departure, the Guest must return keys, remote controls and any other access devices in accordance with the instructions provided.

ARTICLE 14 – HOUSE RULES AND CONDUCT OF OCCUPANTS

The Guest and Occupants must comply with these GTCS and with any reasonable house rules communicated before or during the stay.

In particular, it is prohibited to:

• smoke inside the villas;
• organise unauthorised parties or cause unauthorised noise disturbance;
• behave in a manner likely to disturb the neighbourhood;
• carry out any activity contrary to Mauritian laws and regulations.

Quiet hours are in particular from 10:00 p.m. to 8:00 a.m., unless otherwise communicated to the Guest. Pets are not permitted unless expressly authorised in writing. Occupants must not feed stray animals present near the properties.

Any serious or repeated breach of these rules, in particular where it compromises the safety of persons, the integrity of the premises or the peace of the neighbourhood, may result in early termination of the stay, without prejudice to any damage or costs chargeable to the Guest.

ARTICLE 15 – TROPICAL ENVIRONMENT, INSECTS AND ANIMALS

The Guest acknowledges that the villas are located in a tropical, coastal and landscaped environment.

Despite reasonable preventive, maintenance and treatment measures, mosquitoes, ants, cockroaches, other insects, geckos or, more rarely, small rodents or other animals associated with the natural environment may occasionally be encountered in or around the property.

The occasional presence of such animals, where it does not result from a maintenance failure attributable to the Owner and remains consistent with the normal characteristics of a tropical environment, shall not in itself constitute a lack of conformity of the villa or an automatic ground for cancellation, refund or price reduction.

The Guest must promptly notify the Concierge of any abnormal or persistent presence so that an inspection and, where reasonably necessary, an intervention can be arranged.

The Guest and Occupants are required to contribute to preventive measures, in particular by:

• storing food in appropriate containers or areas;
• avoiding leaving food outdoors or accessible to animals;
• using the bins provided;
• complying with waste-management instructions;
• cooperating with maintenance and housekeeping staff.

A persistent infestation or any situation resulting from a maintenance failure attributable to the Owner remains subject to the general liability rules set out in these GTCS and applicable law.

ARTICLE 16 – SWIMMING POOL, BEACH, LAGOON AND SUPERVISION OF CHILDREN

Swimming pools, gardens, terraces, beach access, the lagoon and other outdoor areas are used under the responsibility and vigilance of the Occupants. Swimming pools and bathing areas are not subject to permanent lifeguard supervision.

Children and any person unable to swim must remain under the constant supervision of a responsible adult whenever they are near a swimming pool, the beach or the lagoon.

The Owner does not guarantee the daily condition of the sea or bathing conditions, which may vary depending in particular on tides, wind, currents, weather and other natural phenomena.

This clause is not intended to exclude liability arising from a proven fault of the Owner or any liability that may not lawfully be excluded.

ARTICLE 17 – NATURAL CONDITIONS AND MARINE ENVIRONMENT

The Guest acknowledges that the appearance of the beach, lagoon and natural areas may change independently of the Owner’s wishes.

The following may in particular occur naturally:

• variations in sea level or tides;
• accumulation of seaweed or natural debris;
• erosion or temporary changes to the beach;
• strong winds or swell;
• presence of marine animals;
• changes in the transparency or condition of the lagoon.

Such circumstances, where they are natural in origin and beyond the Owner’s reasonable control, shall not in themselves constitute a breach of the agreement.

ARTICLE 18 – WATER, ELECTRICITY, INTERNET AND EXTERNAL NETWORKS

The Owner cannot guarantee the complete absence of interruptions affecting public networks or services provided by third parties.

Subject to the obligations incumbent upon the Owner, the Owner shall not be liable for water, electricity, Internet or telecommunications outages or disruptions resulting in particular from:

• the public network;
• a telecommunications operator;
• an administrative decision;
• external works;
• an incident unrelated to the property;
• exceptional weather conditions.

Where reasonably informed and where materially possible, the Owner shall take appropriate measures to limit the consequences of such disruptions.

Internet access is provided as a facility for normal use. No particular level of speed, availability or compatibility with specific professional requirements can be guaranteed where these elements depend on a third-party operator. Occupants must not use the Internet connection provided for any unlawful purpose.

ARTICLE 19 – TECHNICAL INSTALLATIONS AND AUTONOMOUS SYSTEMS

Certain villas may be equipped with technical or autonomous systems such as solar panels, batteries, generators, pumps, water tanks, water heaters or similar systems.

The operation of such installations may occasionally generate noise, vibration or require technical interventions. The Owner does not guarantee the absolute absence of breakdowns or malfunctions.

Where a breakdown is reported, the Owner or the Concierge shall arrange, within a reasonable time having regard to the nature of the issue, technician availability and local circumstances, the necessary checks or interventions.

ARTICLE 20 – REASONABLE USE OF WATER, ENERGY AND EQUIPMENT

Occupants are required to use the villa’s resources and equipment reasonably. In particular, they must:

• avoid wasting water;
• comply with any water restrictions communicated by the authorities or the Concierge;
• keep doors and windows closed when air conditioning is operating;
• not interfere with technical equipment, electrical panels, generators, pumps or installations reserved for staff or technicians;
• promptly report any leak, breakdown or anomaly identified.

Any damage resulting from manifestly inappropriate use may be charged to the Guest where a direct link is established between such use and the damage identified.

ARTICLE 21 – REPORTING OF INCIDENTS AND RIGHT OF ACCESS

Any malfunction, damage, defect, anomaly or incident affecting the villa or likely to impair the stay must be reported to the Concierge as soon as reasonably possible after it is discovered.

The Concierge is authorised, on behalf of the Owner, to receive such reports and coordinate the necessary checks and interventions.

The Guest must allow reasonable access to the villa to the Owner, the Concierge, staff assigned to the property or any appointed service provider where such access is necessary to:

• inspect an incident;
• carry out maintenance;
• perform a repair;
• ensure the safety of persons or property;
• prevent worsening of damage;
• maintain the proper operation of the property.

Except in an emergency, the Concierge shall endeavour to inform the Guest of the intervention in advance within a reasonable period. In an emergency affecting personal safety, preservation of the property or requiring immediate intervention, access may take place without the Guest’s prior authorisation.

Failure to report an issue within a reasonable period may be taken into account where such failure prevented the Owner from inspecting the issue, determining its cause, limiting its consequences or remedying it during the stay.

ARTICLE 22 – ROUTINE MAINTENANCE AND SCHEDULED INTERVENTIONS

The Guest acknowledges that the normal operation of a villa requires certain regular interventions. Housekeeping staff, gardeners, pool technicians, technicians and other authorised service providers may access the property at times reasonably necessary to carry out their duties. The Owner and the Concierge shall endeavour to limit any disturbance caused to the Occupants.

ARTICLE 23 – EXTERNAL DISTURBANCE OR WORKS

The Owner shall not be liable for disturbance resulting from circumstances outside the property and beyond the Owner’s reasonable control, such as roadworks, public-network interventions, neighbourhood activity, works on a neighbouring property or public activities on the beach.

However, where a significant foreseeable disturbance known to the Owner before the booking is concluded is likely to materially affect the stay, it must not be intentionally concealed from the Guest.

ARTICLE 24 – THIRD-PARTY SERVICE PROVIDERS AND CONCIERGE SERVICES

At the Guest’s request, the Concierge may facilitate or coordinate contact with independent service providers, including for transfers, vehicle rental, excursions, boat trips, massages, golf, private chefs, leisure activities or other additional services.

Where the service is legally supplied by an independent third-party provider, responsibility for its performance rests with that provider in accordance with its own terms and conditions.

The Concierge shall not be liable for improper performance of a service by an independent provider, except in the event of a personal fault directly attributable to the Concierge in the performance of its own assignment.

Where the Guest enters directly into a separate agreement with the Concierge or another service provider for a particular service, that service is governed by the terms applicable to that separate agreement and not solely by the villa rental agreement.

ARTICLE 25 – FOOD, GROCERIES AND ALLERGIES

Where groceries, meals or food services are arranged at the Guest’s request, the Guest must disclose in advance any known allergy, intolerance or dietary restriction.

Unless expressly agreed otherwise in writing, neither the Owner nor the Concierge guarantees an environment entirely free from allergens or cross-contamination risks. Services supplied by an independent chef or supplier remain the responsibility of that provider in relation to the preparation and supply of food.

ARTICLE 26 – PERSONAL BELONGINGS AND ITEMS LEFT BEHIND

The Guest remains responsible for personal belongings, documents, valuables, cash and personal equipment during the stay.

The Owner shall not be liable for loss, disappearance, theft or damage except where a fault directly attributable to the Owner is established or where such liability may not lawfully be excluded.

Items found after departure may be retained for sixty (60) days. At the Guest’s request, return shipment may be arranged where reasonably possible, at the Guest’s expense and risk. At the end of the retention period, unclaimed items may be donated, destroyed or otherwise reasonably disposed of, subject to any applicable legal obligations.

ARTICLE 27 – GUEST LIABILITY

The Guest is responsible for the acts and conduct of the Occupants, the Guest’s visitors and any person whom the Guest authorises to enter the property.

The Guest is responsible for damage directly caused by such persons to the villa, its equipment or property made available, subject to normal wear and tear. The Guest must immediately inform the Concierge of any accidental damage occurring during the stay.

ARTICLE 28 – OWNER LIABILITY

The Owner is responsible for performance of the obligations incumbent upon the Owner under the rental agreement, within the limits provided by these GTCS and applicable Mauritian law.

The Owner shall not be liable for a failure to perform resulting exclusively from an external event reasonably beyond the Owner’s control or from an act directly attributable to the Guest, an Occupant or an independent third party, subject to any mandatory rules that apply.

Nothing in these GTCS is intended or shall operate to:

• exclude liability arising from a fault of the Owner where such liability may not lawfully be excluded;
• deprive the Guest of mandatory rights provided by applicable law;
• exempt the Concierge from a personal fault directly attributable to the performance of its own assignment.

ARTICLE 29 – PHOTOGRAPHS, DESCRIPTIONS AND CHANGES TO THE VILLA

Photographs, plans and illustrations shown on the website or marketing materials are intended to present the villa and its surroundings. The Owner endeavours to ensure their accuracy.

Non-substantial changes may nevertheless occur over time, including in relation to:

• furniture;
• decoration;
• works of art;
• accessories;
• planting and landscaping;
• replacement equipment;
• the layout of certain areas.

Such changes shall not constitute grounds for cancellation or compensation where they do not materially alter the essential characteristics, capacity or nature of the villa booked.

The essential characteristics expressly stated in the Booking Confirmation must, however, be respected, subject to the exceptional circumstances provided for in these GTCS.

ARTICLE 30 – TRAVEL INSURANCE

The Guest is strongly advised, before travelling, to obtain appropriate insurance covering in particular cancellation, interruption of the stay, flight delay or cancellation, illness or accident, hospitalisation, assistance or medical evacuation, baggage and personal belongings, weather events where insurable, and personal liability.

The Guest’s failure to obtain insurance shall not have the effect of transferring to the Owner the burden of risks for which the Owner is not legally responsible.

ARTICLE 31 – PERSONAL DATA

Personal data provided in connection with the booking and stay are processed in particular for booking management, performance of the agreement, organisation of the stay, compliance with legal and regulatory obligations, security and administrative management.

Personal data are processed in accordance with applicable Mauritian data-protection legislation, including the Data Protection Act 2017.

Where necessary, certain data may be disclosed to competent authorities, payment service providers, agencies, platforms or service providers involved in the performance of the booking, to the extent necessary for their respective roles. Detailed information regarding data processing may be set out in a separate Privacy Policy.

ARTICLE 32 – BOOKINGS THROUGH AN AGENCY OR PLATFORM

Where a booking is made through a travel agency, platform or other intermediary, any mandatory terms governing the relationship between that intermediary and the Guest remain applicable to the extent required.

These GTCS continue to govern the relationship between the Guest and the Owner in relation to matters directly concerning the villa and the stay, insofar as they are not incompatible with mandatory provisions applicable to the booking concerned.

ARTICLE 33 – ELECTRONIC COMMUNICATIONS

The Guest agrees that communications relating to the booking may be sent electronically to the email address or contact number provided. The Guest is responsible for providing accurate contact details and notifying any change.

Confirmations, amendments or specific authorisations must be made in writing, including by email or another electronic means allowing a record to be retained.

ARTICLE 34 – ORDER OF PRECEDENCE OF CONTRACTUAL DOCUMENTS

In the event of any inconsistency between a provision of these GTCS and a specific condition expressly stated in the Booking Confirmation, the specific condition shall prevail solely in relation to the matter to which it relates. All other provisions of these GTCS shall remain fully applicable.

ARTICLE 35 – ENTIRE AGREEMENT

The Booking Confirmation, these GTCS and, where applicable, any expressly accepted special conditions constitute the contractual agreement between the Owner and the Guest concerning the rental.

Any promise, amendment or special undertaking must be confirmed in writing in order to form part of the agreement. This provision shall not, however, have the effect of excluding any information or representation which must be taken into account under a mandatory legal provision.

ARTICLE 36 – SEVERABILITY

If one or more provisions of these GTCS are declared invalid, unlawful or unenforceable by a competent authority, such invalidity shall not affect the remaining provisions, which shall continue to apply to the fullest extent permitted by law.

ARTICLE 37 – NO WAIVER

The Owner’s failure at any time to rely upon a provision of these GTCS, or the exceptional tolerance of a breach, shall not be construed as a waiver of the right to rely upon that provision subsequently.

ARTICLE 38 – AMENDMENT OF THE GTCS

The version of the GTCS applicable to the stay is the version communicated or made available to the Guest at the time of booking. Any subsequent amendment shall apply to future bookings and shall not retroactively modify the terms of a booking already concluded, except where an amendment is required by a mandatory legal or regulatory provision.

ARTICLE 39 – LANGUAGE

These GTCS may be made available in several languages. In the event of any discrepancy of interpretation between different versions, the French version shall prevail, subject to any mandatory applicable provisions.

ARTICLE 40 – GOVERNING LAW AND DISPUTE RESOLUTION

These GTCS and the rental agreement are governed by Mauritian law. Before commencing legal proceedings, the parties shall endeavour to reach an amicable resolution of any dispute relating to the booking or the stay.

Failing an amicable settlement, any dispute shall be submitted to the competent courts of Mauritius, subject to any mandatory rule of jurisdiction that may apply to the Guest.

ARTICLE 41 – ACCEPTANCE

The Guest acknowledges having had the opportunity to review these General Terms and Conditions of Sale before the booking became final.

Confirmation of the booking and/or payment of the booking deposit in accordance with these GTCS constitutes acceptance of the GTCS. The Guest also acknowledges that it is the Guest’s responsibility to communicate the applicable rules to all Occupants of the villa.

Last update: 15/09/2026