1. Object
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 specified in this reservation confirmation document. They govern all the steps necessary for the reservation and the monitoring 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 accessible on our reservation platform.
These general conditions of sale apply to all reservations made online, via our reservation platform.
2. Reservation
The customer chooses the services presented on our reservation platform.
He acknowledges having read the nature, destination and reservation methods of the services available on our reservation platform and having requested and obtained necessary and/or additional information to make his reservation 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 responsible in this regard.
The reservation is deemed accepted by the customer at the end of the reservation process.
3. Booking process
Reservations made by the customer are made via the electronic reservation voucher accessible online on our reservation platform.
The reservation is deemed to have been made upon receipt of the reservation voucher.
The customer undertakes, prior to any reservation, to complete the information requested on the voucher or 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 entering the bank card in the event of a guarantee or prepayment request, consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate. before validation of the reservation and, finally, validation of the reservation by the customer.
4. 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 reservation, the acknowledgment of receipt of the reservation 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 reservation 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. consumption.
The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation.
Reservations with prepayment cannot be subject to any modification and/or cancellation. The sums paid in advance, such as the deposit, will not be refunded.In this case, it is mentioned in the conditions of sale of the price.
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 details are specified on the confirmation of the reservation sent by email.
All reservations are personal and cannot under any circumstances be transferred to a third party, whether free of charge or for a fee.
6. Consumption of the service
In accordance with the regulations in force in certain countries, the customer may be asked, upon arrival, to complete a police form. 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 payment has already been made.
For establishments with Internal Regulations, the customer accepts and undertakes to respect said regulations.
In the event 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 reimbursement if a regulation has already been made. been carried out.
7. Liability
The photographs presented on our reservation platform are not contractual.Even if all the best efforts are made so 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 reservation and the day of the reservation. 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 the third party, due to the client, in particular the unavailability of the internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of prepayment not authorized by the bearer's bank.
Any reservation or payment which 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 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
The prices relating to the reservation of services are indicated before and during the reservation.
Prices are confirmed to the customer in the amount including tax, in the commercial currency of the establishment, and are only valid for the duration indicated on the reservation platform.
If the establishment is debited in a currency other than that confirmed on the reservation, the exchange costs are the responsibility of the customer.
All reservations, regardless of 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.
Taxes (local taxes, tourist taxes, etc.) where applicable, presented on the rates page, are to be paid directly on site to the establishment.
The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to the VAT 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 communicates his bank details as a guarantee of the reservation except under special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club, etc. depending on the possibilities offered by the establishment's reservation platform ) by directly indicating, in the area provided for this purpose (entry secured by SSL encryption), the card number, without spaces between the numbers, as well as its validity date (it is specified that the bank card used must be valid as of time of consumption of the service) and the visual cryptogram. He must come to the establishment with the bank card that allowed him to guarantee the reservation. Payment is debited at the establishment during the stay, except in the case of special conditions or rates where partial or total payment is debited at the time of booking. This prepayment is referred to as a deposit.In the event of a no show (reservation not canceled – customer not present) of a reservation guaranteed by credit card, the establishment will debit the customer, as fixed compensation, of the amount indicated in its general conditions and special conditions of sale.
The establishment has chosen elloha.com/stripe.com to secure online payments by credit card. The validity of the customer's payment card is verified by stripe.com. The payment card may be refused for several reasons: stolen card, blocked card, limit reached, entry error, etc.
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 method of payment. In the case of a rate subject to online prepayment, the amount paid in advance, which is the deposit, 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 communicated by the establishment.
11. Respect for privacy
The customer is informed, on each of the personal data collection forms, of the obligatory or optional nature of the responses 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 his personal data to third parties on the condition that such communication proves compatible with the carrying out of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Protection Charter personal data. Particularly when paying online, the customer's bank details must be transmitted by the payment provider stripe.com to the establishment's bank, for the execution of the reservation contract.
The customer is informed that this data transfer 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 necessary for the execution of his reservation. Constellation SAS / Stripe.com, in their professional capacity, have committed to the establishment to take all security measures and respect data confidentiality for said data transfers.
12. Convention of proof
Entering the required banking information, as well as acceptance of these general conditions and the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. Computerized records kept in elloha.com's computer systems.will be kept in reasonable security conditions and considered as proof of communications, orders and payments between the parties.
The customer is informed that his IP address is recorded at the time of booking.
13. Force majeure
Force majeure means any event external to the parties which is both unpredictable and insurmountable and which prevents either the client or the establishment from fulfilling all or part of the obligations provided for in the contract. Force majeure or fortuitous events are those usually recognized by the case law of French Courts and Tribunals.
Each party cannot be held responsible 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 execution of their reciprocal obligations and that each party bears the burden of the resulting costs.
14. Dispute resolution
These General Conditions of Sale are governed by the law of the country of establishment without hindering any mandatory protective provisions that may be applicable in the country of residence of consumers.
15. Completeness
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the voucher or reservation request express the entirety of the obligations of the parties.
No general or specific conditions communicated by the customer can be integrated into these general conditions.
The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or reservation request (including the special conditions of the reserved rate) and these general conditions.
In the event of a contradiction between the reservation voucher and the general conditions, the provisions appearing on the reservation voucher will be the only ones applicable to the obligation in question.
These general conditions of internet sale may be modified and/or supplemented at any time by the establishment.
In this case, the new version of the general conditions of sale via internet will be put online by the establishment.
As soon as it is posted online, the new version of the general conditions of sale via internet will automatically apply to all customers.
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