1. Subject
These general conditions define the rights and obligations of the parties in the context of the remote booking of services offered by the gîtes "Les Terrasses", 14 rue Basse - 30960 Saint-Jean-de-Valériscle (SIRET 909 897 605 00012), hereinafter referred to as the "establishment".
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 terms and conditions of sale and the terms and conditions of sale of the reserved fare available on our booking platform. These general terms and conditions of sale apply to all bookings made by internet, via our booking platform.
2. Booking
The customer chooses the services presented on our booking platform. The customer acknowledges that he/she is aware of the nature, destination and booking conditions of the services available on our booking platform and that he/she has requested and obtained the necessary and/or additional information in order to make his/her booking with full knowledge of the facts. The customer is solely responsible for his or her choice of services and their suitability for his or her needs, and we cannot be held liable in this respect. The booking is deemed to have been accepted by the customer at the end of the booking process.
3. Booking process
Bookings made by the customer are made using the online booking form available on our booking platform. The booking is deemed to have been made on receipt of the booking form. Prior to any booking, the customer undertakes to complete the information requested on the booking form or reservation request. The customer attests to the truthfulness and accuracy of the information provided. Once the final choice of services to be booked has been made, the booking procedure includes, in particular, entering the bank card in the case of a guarantee or prepayment request, consulting and accepting the general terms and conditions of sale and the terms and conditions of sale of the fare booked before the booking is validated and, finally, validating the booking by the customer.
4. Acknowledgement of receipt of reservation
Our reservation platform acknowledges receipt of the customer's reservation by sending an e-mail without delay. In the case of online bookings, the acknowledgement of receipt of the booking by e-mail summarises the contract offer, the services booked, the prices, the conditions of sale relating to the fare selected and accepted by the customer, the date on which the booking was made, information relating to after-sales service and the address of the seller's establishment to which the customer may submit any complaints.
5. Cancellation or modification by the customer
In accordance with article L. 121-21-8 12° of the French Consumer Code, the customer is reminded that he/she does not have the right of withdrawal provided for in article L. 121-21 of the French Consumer Code. The conditions of sale for the fare booked specify the terms and conditions for cancelling and/or modifying the booking. Bookings made in advance cannot be modified and/or cancelled. Sums paid in advance, i.e. deposits, will not be reimbursed. In this case, this will be stated in the fare's conditions of sale. When the conditions of sale of the fare booked allow it, the booking may be cancelled directly with the establishment, whose telephone number is given on the booking confirmation sent by e-mail. All reservations are nominative and may under no circumstances be transferred to a third party, whether free of charge or in return for payment.
6. Use of the service
In application of the regulations in force in certain countries, the customer may be asked to complete a police form on arrival. To do this, the customer will be asked to show proof of identity in order to check whether or not he/she must complete the police form. Any behaviour contrary to public decency or public order will lead the establishment to ask the customer to leave the establishment without any compensation or refund if payment has already been made.
On arrival, the customer accepts and undertakes to respect the "rules of life" of the establishment. Should the customer fail to comply with any of these rules, the establishment will be obliged to ask the customer to leave the establishment without any compensation or refund if payment has already been made.
7. Liability
The photographs presented on our booking platform are not contractually binding. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate an idea as possible of the services offered, variations may occur between the time of booking and the day on which the service is consumed. The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, the fault of a third party, the fault of the customer, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of unauthorised prepayment by the cardholder's bank. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the customer.
8. Complaints
Complaints relating to the non-performance or poor performance of the services booked must, on pain of foreclosure, be brought to our attention in writing within eight days of the date of departure from the establishment.
9. Prices
The prices relating to the reservation of services are indicated before and at the time of reservation. Prices are confirmed to the customer in the establishment's commercial currency and are valid only for the period indicated on the booking platform. If the payment is made to the establishment in a currency other than that confirmed on the booking, the customer will be responsible for any exchange charges. All bookings, whatever their origin, are payable in the local currency of the establishment, unless special arrangements are indicated on site.
Unless otherwise stated on the booking platform, additional services are not included in the price. Any taxes (local taxes, tourist taxes, etc.) shown on the price page must be paid directly to the establishment. Prices take into account the VAT applicable on the day of the order and any change in the VAT rate will automatically be reflected in the prices indicated on the date of invoicing. Any change 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.
10. Payment
To guarantee the reservation and pay the deposit, except in the case of special conditions or rates, the customer provides his or her bank details by credit or debit card (Visa, Mastercard, American Express, Diners Club... depending on the possibilities offered by the establishment's reservation platform), by entering the card number directly in the field provided for this purpose (entry secured by SSL encryption), with no spaces between the digits, as well as its date of validity (it is specified that the bank card used must be valid at the time the service is used) and the visual cryptogram.
The amount to be paid at the time of booking is equal to 50% of the price of the stay. This prepayment is referred to as a deposit. The balance must be paid 15 days before arrival. The balance must be paid by bank transfer, bank cheque or vacation vouchers within this period.
The establishment has chosen elloha.com/stripe.com for secure online payment by credit card. The validity of the customer's payment card is checked by stripe.com. A payment card may be refused for a number of reasons: stolen card, blocked card, credit limit reached, input error, etc. In the event of a problem, the customer must contact his or her bank and the establishment to confirm the reservation and method of payment. In the case of online prepayment, the deposit is debited at the time of booking. If the customer chooses to authorize payment of the balance by direct debit from the bank card provided as a reservation guarantee, he/she undertakes to carry out the authentication steps that may be required by his/her banking institution.
Some establishments can generate invoices/notes electronically; the original file is certified and available online at the internet address provided by the establishment.
11. Respect for privacy
The customer is informed, on each of the personal data collection forms, of the compulsory or optional nature of the answers by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners and its service providers (in particular online payment service providers). The customer authorises elloha.com to disclose his/her personal data to third parties provided that such disclosure is compatible with the performance of the operations incumbent upon elloha.com under these general terms and 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 service provider stripe.com to the establishment's bank in order to execute the booking contract. The customer is informed that this transfer of data may therefore take place in foreign countries which do not have adequate protection for personal data within the meaning of the French Data Protection Act. However, the customer consents to this transfer, which is necessary for the execution of his/her reservation. Constellation SAS / Stripe.com, in their capacity as professionals, have undertaken to the establishment to take all measures to ensure the security and confidentiality of the data transferred.
12. Agreement of proof
Entering the required banking information, as well as accepting these general terms and conditions and the booking form or request, constitutes an electronic signature which has the same value between the parties as a handwritten signature. The computerised records kept in elloha.com's computer systems shall be kept in reasonable conditions of security and shall be considered as proof of the communications, orders and payments that have taken place between the parties. The customer is hereby informed that his/her IP address is recorded at the time of booking.
13. Force majeure
Force majeure refers to any event external to the parties that is both unforeseeable and insurmountable, preventing either the customer or the establishment from fulfilling all or part of the obligations set out in the contract. Cases of force majeure or fortuitous events are those usually recognised by the jurisprudence of the French Courts and Tribunals. Each party may not be held liable towards the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party shall bear the costs arising therefrom.
14. Settlement of disputes
These General Terms and Conditions of Sale are governed by French law, without prejudice to any mandatory protective provisions that may be applicable in the consumer's country of residence.
15. Completeness
These General Terms and Conditions of Sale, the conditions of sale of the fare booked by the customer, and the booking form or request express the entirety of the obligations of the parties. No general or specific conditions communicated by the customer may be incorporated into these General Terms and Conditions. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the booking form or reservation request (including the specific conditions of the fare booked) and these general conditions. In the event of any contradiction between the booking form and the general terms and conditions, the provisions of the booking form shall be the only ones applicable to the obligation in question. These general terms and conditions of sale may be amended and/or supplemented by the establishment at any time. In this case, the new version of the general terms and conditions of sale will be posted online by the establishment. As soon as it is posted on the Internet, the new version of the general terms and conditions of sale will automatically apply to all customers.