Termini e Condizioni di Vendita
These general conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by our establishment, the contact details of which are given in this reservation confirmation document. They govern all the stages necessary for the reservation and the follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general conditions of sale and the conditions of sale of the reserved rate available on our booking platform. These general conditions of sale apply to all reservations made online, via our booking platform.
**** COVID-19 ****
In this period of health crisis we would like to inform our customers of two specific elements of our General Conditions of Sale:
Flexibility :Thank you for reading article 9 of these GTC.
Responsibility: Please read article 1 0of these GTC.
These general conditions of sale apply to all reservations made online, via the Website or the Mobile Services and its partners.
3. Opposability of the general conditions
In any event, the version of the general conditions of sale opposable to the customer is that in force at the time of his reservation on the Website or the Mobile Services or with his partners.
The customer chooses the services presented on our booking platform.He acknowledges having read the nature, destination and methods of booking the services available on our booking platform and having requested and obtained the necessary and / or additional information to make his reservation in full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability for his needs, so that our responsibility cannot be sought in this regard. The reservation is deemed to have been accepted by the client at the end of the reservation process.
The reservations made by the customer are made via the dematerialized reservation voucher available online on our reservation platform. The reservation is deemed to be made upon receipt of the reservation voucher. The customer undertakes, prior to any reservation, to complete the information requested on the voucher or the reservation request. The customer certifies the veracity and accuracy of the information transmitted.After the final choice of the services to be reserved, the reservation procedure includes, in particular, entering the bank card in the event of a guarantee or prepayment request, consulting and accepting the general conditions of sale and the conditions of sale of the reserved tariff before the validation of the reservation and, finally, the validation of the reservation by the client.
Acknowledgment of receipt of the reservation
Our reservation platform acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online booking, the acknowledgment of receipt of the booking by email summarizes the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the client, the date of reservation made, the information relating to the after-sales service, as well as the address of the establishment of the seller with which the customer can present his complaints.
The customer must present himself at the establishment with the bank card which enabled him to guarantee the reservation or to make the prepayment.
The establishment can also ask him to present an identity document in order to prevent credit card fraud.
The debit of the payment is made at the establishment during the stay, except in the case of special conditions or rates where the debit of the payment is made at the time of the reservation (online prepayment on certain rates). This prepayment is called a deposit.
In the case of a non-prepaid online rate, the establishment may ask the customer, upon arrival, for a security deposit or authorization to debit the credit card, in order to guarantee payment of the sums corresponding to the services consumed on site.
Two methods of deposit payment are possible:
- either by check made out to the establishment and sent directly to the establishment
- either by bank card.
In this case, the reservation becomes firm and final only upon receipt of the deposit by the establishment, within the time limits.
Payment of the balance of the stay will be made on site at the establishment.
6. Modification of stay
Any modification to the reservation must be requested by e-mail at the establishment or by telephone. The request will not become effective until the establishment has confirmed its acceptance in writing.
In the event of a stay modification, the following conditions apply (except in cases of force majeure):
- In case of no show on the scheduled arrival date, your credit card will be debited for the amount of the first night.
- Any stay started is entirely due.
7. Cancellation of stay
The customer is reminded, in accordance with article L. 121-21-8 12 ° of the Consumer Code, that he does not have the right of withdrawal provided for in article L. 121-21 of the French consumption. The conditions of sale of the reserved rate specify the terms of cancellation and / or modification of the reservation.Reservations with prepayment may not be subject to any modification and / or cancellation. The sums paid in advance that are the deposit will not be subject to any refund.
Any cancellation of a reservation must be requested by e-mail at the establishment or by telephone. The request will not become effective until the establishment has confirmed its acceptance in writing. (see cancellation conditions)
8. Consumption of the service
In accordance with the regulations in force in certain countries, the customer may be asked, upon arrival, to fill in a police form. To do this, the client will be asked to present an identity document in order to check whether or not he must complete the police form. Any behavior contrary to morality and public order will cause the establishment to ask the client to leave the establishment without any compensation and or without any refund if a payment has already been made. For establishments with Internal Regulations, the customer accepts and undertakes to comply with these regulations. In case of non-compliance by the customer with one of the provisions of the Internal Regulations, the establishment will be obliged to invite the customer to leave the establishment without any compensation and or without any refund if a settlement has already been done.
9. Force majeure
Force majeure means any event external to the parties that is both unpredictable, insurmountable and external to the parties, which prevents either the client or the establishment from ensuring all or part of the obligations provided for in the contract.
Are considered as force majeure or fortuitous event those usually recognized by the jurisprudence of French Courts and Tribunals.
Each party cannot be held responsible towards the other party in the event of non-fulfillment of its obligations resulting from an event of force majeure.
It is expressly agreed that force majeure suspends, for the parties, the execution of their reciprocal obligations and that each party bears the burden of the costs arising therefrom.
**** In the case of COVID-19: the establishment accepts last-minute stay modifications and cancellations if a new confinement or a traffic restriction should be decided by the government. ****
10. s responsibility
It is up to the Establishment to take all guarantees and insurance necessary for the reception of the public in its Establishment and the exercise of its activity.
The establishment's liability is limited in the event of theft of goods or objects when they have been entrusted to its care only.
The customer must ensure the safekeeping of his goods and materials. The customer must inform the establishment of any deterioration from which he is responsible. He is responsible for all the damage caused by him and undertakes, in the event of deterioration of the places made available (room, common areas such as swimming pool, jacuzzi, garden, lounge, sanitary facilities) to bear the costs of repair.
Also any behavior contrary to morality, public order, or considered to endanger the life of others will cause the establishment to ask the customer to leave the establishment without any compensation and or without any refund if a settlement has already been done.In the event that no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
**** In the case of COVID-19, the establishment authorizes itself the right to refuse the service, if a client refuses to take his temperature before his registration. The customer being warned, payment for the stay will be due in full. In the event that a client presents symptoms during his stay, the establishment will impose isolation in his room and a temperature measurement. If the customer refuses or if the customer voluntarily conceals symptoms, the establishment is authorized to refuse him the service and to end his stay. The rest of the stay will be due. ****
The customer undertakes not to invite any person whose behavior is likely to harm the establishment, the latter reserving the right to intervene if necessary. The client may not bring in drinks or food from the outside without prior authorization from the management. The client undertakes to ensure that participants and their guests comply with all of the establishment's rules and regulations (in particular the smoking ban). The client will take care that the participants do not disturb the operation of the establishment nor jeopardize the security of the establishment as well as of the people who are there.
Unless expressly provided otherwise, the client must vacate the room before noon on the day the reservation ends. Otherwise, he will be billed for an additional night.
The establishment "Chambres d'hôtes et Gîte Hias" offers free WIFI access allowing customers to connect to the Internet. The customer undertakes that the computer resources made available by the establishment are in no way used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or a neighboring right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in books I and II of the intellectual property when this authorization is required. If the client does not comply with the aforementioned obligations, he would risk being accused of an offense of counterfeiting (article L.335-3 of the intellectual property code), punishable by a fine of 300,000 euros and three years imprisonment .The customer is also required to comply with the security policy of the establishment's internet service provider, including the rules for using the security means implemented in order to prevent the illicit use of resources. computer systems and to refrain from any act that undermines the effectiveness of these means.
The photographs presented on the Site and the mobile services of the establishment or those of partners have a merely indicative value. Even if all the best efforts are made so that the photographs, graphic representations and the texts reproduced to illustrate the establishment presented give an overview as exact as possible of the accommodation services offered, variations may occur, in particular due to the change of furniture or any renovations.
The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to the third party, unpredictable and insurmountable, due to the customer, in particular the unavailability of the Internet network, impossibility access to the website, external intrusion, computer viruses or in the event of prepayment not authorized by the bearer's bank.
1 1 . Complaints, disputes
Any complaint must be made to the establishment and this, within 7 days from the date of stay.
In the absence of recourse to the conventional mediation procedure or to any alternative method of settling disputes within 30 days, each of the parties may seize the competent judicial court.
1 2. Price
The prices relating to the reservation of the services are indicated before and during the reservation. The prices are confirmed to the customer in the amount inclusive of tax, in the commercial currency of the establishment, and are valid only for the duration indicated on the booking platform. If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange costs are the responsibility of the customer. All reservations, whatever their origin, are payable in the local currency of the establishment, unless special provisions indicated on site. Unless otherwise stated on the booking platform, additional services are not included in the price.The taxes (local taxes, tourist taxes, etc.), if any, presented on the price page, are to be paid directly on site to the establishment (Tourist tax: 0.83 € / pers. / Night for the rooms and 1.32 € for the gîte). The prices are given including tax. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of invoicing.
13. Payment The customer communicates his bank details as a guarantee of the reservation except special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club ... according to the possibilities offered by the booking platform of the establishment ) by directly indicating, in the area provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the digits, as well as its validity date (it is specified that the bank card used must be valid at time of consumption of the service) and the visual cryptogram. He must present himself at the establishment with the bank card which enabled him to guarantee the reservation. The balance of the payment is made at the establishment during the stay (checks, holiday vouchers, cash, transfer), except in the case of special conditions or rates where the partial or total debit of the payment is made when booking.In the event of a no show (reservation not canceled - customer not present) of a reservation guaranteed by credit card, the establishment will charge the customer, as a lump sum, for the amount indicated in its general conditions and special conditions of sale. The establishment chose elloha.com/stripe.com in order to secure online payments by bank card. The validity of the customer's payment card is verified by stripe.com. There may be a refusal of the payment card for several reasons: stolen card, blocked card, ceiling reached, input error, etc. In the event of a problem, the customer will have to approach his bank on the one hand, the establishment on the other hand to confirm his reservation and his method of payment. In the case of a rate subject to online pre-payment, the amount paid in advance, which are the deposits, is debited at the time of booking. Some establishments can generate invoices / notes electronically, the original file is certified and available online at the internet address provided by the establishment.
14. Respect for privacy
The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the responses by the presence of an asterisk. The information processed is intended for establishments, elloha.com, its entities, partners, providers (and in particular online payment providers). The customer authorizes elloha.com to communicate his personal data to third parties on the condition that such communication proves to be compatible with the performance of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Charter for the protection of personal data. In particular when paying online, the customer's bank details must be sent by the payment provider stripe.com to the bank of the establishment, for the execution of the reservation contract. The customer is informed that this data transfer can therefore be carried out in foreign countries that do not have adequate personal data protection within the meaning of the Data Protection Act. However, the customer consents to this transfer necessary for the execution of his reservation. Constellation SAS / Stripe.com in their professional capacity, are committed vis-à-vis the establishment to take all security measures and respect for data confidentiality for said data transfers.
The entry of the required bank information, as well as the acceptance of these general conditions and the reservation voucher or request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized registers kept in the computer systems of elloha.com. will be kept under reasonable security conditions and considered as proof of communications, orders and payments made between the parties. The customer is informed that his IP address is registered at the time of booking.
16. Force majeure
Force majeure means any event external to the parties that is both unpredictable and insurmountable which prevents either the client or the establishment from ensuring all or part of the obligations provided for in the contract. Are considered as force majeure or fortuitous event those usually recognized by the jurisprudence of French Courts and Tribunals. Each party cannot be held responsible towards the other party in the event of non-fulfillment of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the execution of their reciprocal obligations and that each party bears the burden of the costs arising therefrom.
17. Settlement of disputes
These General Terms and Conditions of Sale are governed by the law of the country of establishment without obstructing any mandatory protective provisions applicable in the country of residence of consumers.
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the reservation voucher or request express all of the obligations of the parties. No general or specific condition communicated by the client can be integrated into these general conditions.The documents forming the contractual commitments between the parties are, in descending order of priority, the reservation voucher or request (including the special conditions of the reserved price) and these general conditions. In case of contradiction between the reservation voucher and the general conditions, the provisions appearing on the reservation voucher will be the only applicable for the obligation in question. These general conditions of sale by internet can be modified and / or supplemented by the establishment at any time. In this case, the new version of the general conditions of sale by internet will be put online by the establishment. As soon as it is put online on the internet, the new version of the general conditions of internet sales will automatically apply to all customers.
19 . Applicable right
These conditions of sale are subject to French and European law.