GENERAL CONDITIONS OF SALE
1. Purpose
These general terms and 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 specified in this reservation confirmation document. They govern all the steps necessary for the reservation and 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 conditions of sale of the reserved rate accessible on our reservation platform. These general terms and conditions of sale apply to all reservations concluded online, via our reservation platform.
2. Reservation
The customer chooses the services presented on our booking platform. He acknowledges having read the nature, destination and booking terms of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make his booking with full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability to his needs, such that we cannot be held liable in this regard. The booking is deemed accepted by the customer at the end of the booking process.
3. Booking process
Reservations made by the customer are made via the electronic reservation form accessible online on our reservation platform. The reservation is deemed to be made upon receipt of the reservation form. The customer undertakes, prior to any reservation, to complete the information requested on the reservation form or request. The customer attests to the truthfulness and accuracy of the information provided. After the final choice of services to be booked, the booking procedure includes, in particular, entering the bank card in the event of a guarantee request, consulting and accepting the general terms and conditions of sale and the terms and conditions of sale of the reserved rate before confirming the booking and, finally, the customer confirming the booking.
4. Acknowledgment of receipt of reservation
Our booking platform acknowledges receipt of the customer's booking 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 customer, the date of the booking made, information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit complaints.
5. Cancellation or modification by the customer
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 Consumer Code. 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 amounts paid in advance, which are the deposit, will not be refunded. In this case, it is mentioned in the conditions of sale of the rate. When the conditions of sale of the reserved rate allow it, the cancellation of the reservation can be made directly with the establishment, whose telephone contact details are specified on the confirmation of the reservation sent by email. All reservations are nominative and cannot under any circumstances be transferred to a third party, whether free of charge or for a fee.
6. duration of stay
The customer concludes a reservation for a fixed period and may not under any circumstances claim any right to remain on the premises at the end of the stay.
Likewise, except in cases of force majeure examined on a case-by-case basis, any early departure will not give rise to any reimbursement.
7. Conclusion of the contract
The rental agreement concluded and confirmed between the client and our establishment may not under any circumstances benefit, even partially, third parties, whether natural or legal persons, unless with the written consent of the owner. Any breach of this last paragraph may result in the immediate termination of the rental agreement at the tenant's expense, with the rental income remaining definitively acquired by the owner.
8. Consumption of the service
In accordance with regulations in force in certain countries, the customer may be asked to complete a police form upon arrival. To do this, the customer will be asked to present an identity document in order to check whether or not they must complete the police form. Any behavior contrary to good morals and public order will lead the establishment to ask the customer 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 agrees to comply with said regulations. In the event of non-compliance by the customer with any of the provisions of the Internal Regulations, the establishment will be obliged to ask the customer to leave the establishment without any compensation and/or without any refund if payment has already been made.
8. inventory
An inventory is jointly drawn up and signed by the client and the establishment or its representative upon arrival and departure from the accommodation. This inventory constitutes the sole reference in the event of a dispute concerning the condition of the premises. Upon departure, we thank you: to tidy the apartment to return it in the condition in which it was entrusted to you, to clean the oven and microwave oven if used, to stop the refrigerator in order to defrost and clean it, to put away clean and dry dishes in the cupboards, to fold and put away the blankets and duvets on the beds. The cleaning of the premises in normal use is the responsibility of the client, despite the cleaning fees added to the reservation. In the event of abnormal use of the premises, or exceptional soiling, an additional amount of cleaning fees will be re-invoiced to the client, i.e. an additional €70 taken from the security deposit.
7. Liability
The photographs presented on our reservation platform are not contractual. Even if every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate an overview as possible of the services offered, variations may occur between the time of booking and the day of consumption of the service. The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to a third party, due to the customer, in particular the unavailability of the internet network, impossibility of accessing the website, external intrusion, computer viruses or in the event of prepayment not authorized 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 latter.
8. Complaints
Complaints relating to the non-performance or poor performance of the reserved services must, under penalty of foreclosure, be brought to our attention in writing within eight days after the date of departure from the establishment.
9. Price
Prices for booking services are indicated before and at the time of booking. Prices are confirmed to the customer in the amount inclusive of VAT, in the commercial currency of the establishment, and are only valid 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 booking, the exchange fees are the responsibility of the customer. All bookings, regardless of their origin, are payable in the local currency of the establishment, unless otherwise indicated on site. Unless otherwise stated on the booking platform, additional services are not included in the price.Taxes (local taxes, tourist taxes, etc.) where applicable, shown on the rates page, are to be paid directly to the establishment on site. Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoice date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.
10. Payment
The customer provides their bank details as a guarantee of the reservation, except for special conditions or rates, by credit or private bank card, indicating directly, in the area provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the numbers, as well as its expiry date (it is specified that the bank card used must be valid at the time of consumption of the service) and the visual cryptogram. The customer must present the credit card used to guarantee the reservation at the establishment. No prepayment is charged at the time of booking. The balance of the payment is made at the establishment during the stay. In the event of a no-show (reservation not canceled - customer not present) for a reservation guaranteed by credit card, the establishment will charge the customer, as a fixed penalty, the amount indicated in its general terms and conditions of sale. In the event of a problem, the customer must contact their bank on the one hand, and the establishment on the other hand, to confirm their reservation and payment method.
11. security deposit or surety
Upon arrival, the establishment requires a security deposit of €300. After the joint establishment of the exit inventory, this deposit is returned, less the cost of restoring the premises if any damage is noted.
In the event of early departure preventing the inventory from being drawn up on the day of the client's departure, the security deposit will be returned by the establishment within a period not exceeding one week.
12. Use of premises and noise pollution
The client must ensure the peaceful nature of the rental and use it in accordance with the intended purpose of the premises.
The use of external sound devices (speakers, sound systems, turntables, amplifiers, etc.) is prohibited.
Noisy parties, hen or stag parties are not allowed.
In all cases, users must respect the peace and quiet of the premises and the commonly accepted rules of stopping noise before 8 a.m. and after 10 p.m. on weekdays, and before 10 a.m. and after 12 p.m. on Sundays and public holidays.
13. Capacity
The rental contract is established for the maximum capacity of people indicated. If the number of guests present exceeds the capacity, the establishment may refuse additional guests. Any modification or termination of the contract will be considered at the initiative of the customer.
14. Insurance
The customer is responsible for all damages caused by him. He is required to be insured.
15. Payment of charges
Water and electricity charges are included in the rental price, for normal use and outside the heating season if the cottage is heated by electricity (LA SCHLUCHT and LE COL DU BONHOMME). Additional charges may be charged during very cold periods as well as in the event of abnormal use.
A reading of the gîte's electricity meter will be taken upon entry and exit, which will determine any additional charges.
16. Respect for privacy
The customer is informed, on each of the personal data collection forms, whether the responses are mandatory or optional by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners, its service providers (and in particular online payment providers). The customer authorizes elloha.com to communicate their personal data to third parties on the condition that such communication is 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. The customer is informed that this transfer of data may therefore take place in foreign countries that do not have adequate protection of personal data within the meaning of the Data Protection Act. However, the customer consents to this transfer, which is necessary for the execution of their reservation.
17. Evidence Agreement
Entering the required banking information, as well as accepting these general terms and conditions and the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records stored in the elloha.com computer systems. will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that their IP address is recorded at the time of booking.
18. Force majeure
Force majeure means any event external to the parties that is both unforeseeable and insurmountable and prevents either the client or the establishment from fulfilling all or part of the obligations set out in the contract. Cases of force majeure or fortuitous events are considered to be those usually recognized by the case law of the French Courts and Tribunals. Neither party may be held liable to 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 reciprocal obligations and that each party bears the cost of the resulting costs.
19. Dispute Resolution
These General Conditions of Sale are governed by the law of the country of establishment without prejudice to any mandatory protective provisions that may be applicable in the country of residence of consumers.
20. Entirety
These General Terms and Conditions of Sale, the terms and conditions of sale for the rate booked by the customer, and the reservation voucher or request express the entirety of the parties' obligations. 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 descending order of priority, the reservation voucher or request (including the specific conditions of the rate booked) and these general terms and conditions. In the event of a contradiction between the reservation voucher and the general terms and conditions, the provisions appearing on the reservation voucher will be the only ones applicable to the obligation in question. These general terms and conditions of online sales may be modified and/or supplemented at any time by the establishment. In this case, the establishment will post the new version of the general terms and conditions of online sales online. As soon as it is posted online, the new version of the general terms and conditions of online sales will automatically apply to all customers.
