Terms & Conditions of Sales
Preamble :
The general terms and conditions of sale are intended for the use of booking stays in bed and breakfast rooms at Domaine du Paraïs 1210 Route du Paraïs 06380 SOSPEL.
Acceptance and compliance with these terms of sale are acquired upon online or direct booking and/or payment of a deposit.
Owner Marie Mayer is committed to doing everything possible to give guests a warm welcome and make their stay as pleasant as possible in a spirit of conviviality.
The customer acknowledges having read and accepted these general terms and conditions of sale and the terms and conditions of sale of the reserved rate accessible on our booking platform.
These general terms and conditions of sale apply to all reservations made via the internet, through our booking platform, as well as to reservations made directly with the establishment.
Article 1
The customer selects the services presented on our booking platform. They acknowledge 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 their booking with full knowledge of the facts.
The client is solely responsible for their choice of services and their suitability to their needs, so our responsibility cannot be sought in this regard.
The reservation is deemed accepted by the customer at the end of the booking process.
Article 2 Booking Process
Reservations made online by the customer are done via the electronic booking voucher accessible on our booking platform governed by Elloha.
The reservation is considered confirmed upon receipt of the booking confirmation. Prior to making any reservation, the customer agrees to complete all required information on the booking confirmation or request.
The customer attests to the truthfulness and accuracy of the information provided. After the final selection of services to be booked, the booking procedure includes, in particular, entering credit card details if a guarantee or prepayment is required, reviewing and accepting the general terms and conditions of sale and the terms and conditions of sale for the reserved rate before confirming the booking, and finally, the customer's confirmation of the booking.
3 . Booking confirmation
Our booking platform acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online bookings, the email confirmation summarizes the contract offer, the services booked, the prices, the terms and conditions of sale related to the selected rate and accepted by the customer, the booking date, after-sales service information, and the address of the seller's establishment where the customer can submit any complaints.
4. Cancellation or modification by the customer
The customer is reminded, in accordance with Article L. 221-28 of the Consumer Code, that he does not have the right of withdrawal provided for in Article L221-18 of the Consumer Code.
The terms and conditions of sale for the reserved rate specify the terms and conditions for cancellation and/or modification of the reservation.
Advance payments such as deposits will not be refunded if the cancellation is due to the client, unless they fall within the free cancellation period defined by the establishment.
In this case, it is mentioned in the terms and conditions of the rate. When the terms and conditions of the reserved rate allow, the reservation can be cancelled directly with the establishment, whose telephone number is provided on the booking confirmation sent by email. All reservations are non-transferable and cannot be assigned to a third party under any circumstances, whether free of charge or for payment.
In the event of cancellation of the reservation before the start of the stay, the client will owe compensation calculated as follows:
– If the cancellation occurs more than 4 weeks before the arrival date, the cancellation is free and the deposit will be fully refunded
– If the cancellation occurs between 4 weeks and 15 days before the arrival date, the compensation will be 30% of the stay and the deposit will remain with Domaine du Paraïs
-If the cancellation occurs between 3 and 15 days before arrival, the compensation will be 50% of the booked stay
– if the cancellation occurs 2 days before the arrival date 100% of the booked stay will be due regardless of the reason.
In case of no show, 100% of the stay will be due.
5. Lifestyle, use of spaces
All guests are asked to respect a certain way of life to guarantee theThe tranquility of the location and the comfort of its guests are paramount. As the house is non-smoking, the client agrees to respect this rule within the house during their stay. Any breach of this obligation may result in eviction and termination of the contract without any compensation being due.
The customer agrees to comply with the rules of etiquette displayed in the rooms and in these general terms and conditions of sale.
Cooking in the rooms using camping stoves or other brought-in equipment is prohibited.
There is no kitchen available for guests to use.
In accordance with regulations in force in certain countries, the client may be asked to fill out a police form upon arrival. To do this, the customer will be asked to present an identity document in order to verify whether or not they need to complete the police form.
Any behavior contrary to public decency and order will lead the establishment to ask the customer to leave the premises without any compensation or refund, even if payment has already been made. For establishments with internal regulations, the customer accepts and agrees to abide by said regulations. In the event of a customer's failure to comply with any provision of the internal regulations, the establishment will be obliged to ask the customer to leave the premises without any compensation or refund, even if payment has already been made.
6. Responsibilities
For the booking process
The establishment cannot be held liable for the non-execution or improper execution of the reservation in cases of force majeure, actions of third parties, or actions of the client, including but not limited to internet network unavailability, inability to access the website, external intrusion, computer viruses, or in the event of unauthorized prepayment by the cardholder's bank. Any reservation or payment that is irregular, invalid, incomplete, or fraudulent for a reason attributable to the client will result in the cancellation of the order at the client's expense.
For the stay:
The client confirms that they are covered by civil liability insurance covering their liability and that of their family.
The children of clients move about within the Domaine du Paraïs under the sole responsibility of the accompanying adults.
The client agrees to return the guest rooms in perfect condition at the end of the stay, and to declare and financially assume any damage for which they may be responsible.
Domaine du Paraïs declines all responsibility in case of theft, loss, damage to personal belongings and/or damage or injury to property or persons on the property, regardless of the cause.
If items are left behind in the room at the end of the stay, they can be sent to the person concerned, upon their request and at their expense.
Barbecues are strictly prohibited on the property.
7. Administrative restrictions
Our property is located in an area that may be subject to prefectural restrictions, which entail obligations of caution, either with regard to distributionWater, in case of storms or wind, or fire hazards during periods of drought. Obligations arising from these recommendations or regulations cannot be considered a modification or breach of contract initiated by the owner. The owner reserves the right to reprimand the client for any proven breach that could either pose risks to the environment (fires, etc.) or endanger their own life or the lives of others. The owner may then decide to expel the client. This expulsion cannot under any circumstances be considered a modification or breach of contract initiated by the owner; therefore, in the event of the client's departure, no refund will be given, and the balance remains due.
8. Claims and Disputes
Claims relating to the non-performance or poor performance of the services booked must, under penalty of forfeiture, be brought to our attention in writing within fourteen days after the date of departure from the establishment.
In the event of a dispute between the client and the owner, they will endeavor to resolve it amicably.
In accordance with Article L612-1 of the Consumer Code, every consumer has the right to use a consumer mediator free of charge for the amicable resolution of the dispute between them and a professional.
These General Terms and Conditions of Sale are governed by the law of the country of establishment without prejudice to any mandatory protective provisions that may apply in the country of residence of the consumers.
9 Prizes
The prices for booking services are indicated before and during the booking process. Prices are confirmed to the customer inclusive of all taxes, in the establishment's local currency, and are valid only for the period indicated on the booking platform. If payment is made at the establishment in a currency other than the one confirmed on the booking, the exchange fees are the responsibility of the customer. All bookings, regardless of origin, are payable in the establishment's local currency, unless otherwise specified on-site. Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.), if applicable, shown on the rates page, are payable directly to the establishment on-site unless otherwise stated. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the prices shown 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 date of invoicing.
10. Payment
The customer provides their bank details as a guarantee for the reservation, except in the case of special conditions or rates, by credit or debit card (Visa, Mastercard, American Express, Diners Club, etc.) depending on the options offered by the establishment's booking platform. The card number, without spaces between the digits, its expiry date (it is specified that the bank card used must be valid at the time of service) and the security code are entered directly in the designated area (secure entry via SSL encryption). This prepayment is considered a deposit. In the event of a no-show (reservation not cancelled – customer not present) or late cancellation of a reservation guaranteed by credit card, the establishment will debit the customer, as a fixed compensation, the amount indicated in its general terms and conditions and specific terms of sale.
The establishment has chosen elloha.com/stripe.com to secure online credit card payments. The validity of the customer's payment card is verified by stripe.com. A payment card may be declined for several reasons: stolen card, blocked card, spending limit reached, incorrect entry, etc. In case of a problem, the customer should contact their bank and the establishment to confirm their reservation and payment method. For rates requiring online prepayment, the advance payment, which constitutes the deposit, is debited at the time of booking.
The balance will be payable on site according to the methods indicated by the establishment.
11. Respect for privacy
On each personal data collection form, the customer is informed whether 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, and its service providers (including online payment providers). The customer authorizes elloha.com to share their personal data with third parties, provided that such sharing is compatible with the performance of operations incumbent upon elloha.com under these terms and conditions and in accordance with the Customer Personal Data Protection Charter. Specifically, during online payment, 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 personal data protection as defined by the French Data Protection Act (Loi Informatique et Libertés). However, the customer consents to this transfer, which is necessary for the execution of their reservation. Constellation SAS / Stripe.com, in their professional capacity, have committed to the establishment to take all necessary security measures and ensure the confidentiality of data for these data transfers.
12. Convention on Evidence
Entering the required bank details, as well as accepting these terms and conditions and the booking voucher or request, constitutes an electronic signature which, between the parties, has 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 proof of communications, orders, and payments between the parties. The customer is informed that their IP address is recorded at the time of booking.
13. Force majeure
Force majeure is defined as any event beyond the control of the parties that is both unforeseeable and insurmountable, preventing either the client or the establishment from fulfilling all or part of its contractual obligations. Events of force majeure or fortuitous events are those typically recognized by French courts and tribunals. Neither party shall be held liable to the other for any failure to perform its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends the performance of the parties' reciprocal obligations and that each party shall bear the costs arising therefrom.
14 Room change
The owner reserves the right to change the room initially booked by the client to a room of the same or higher capacity, without the client being entitled to any compensation. In such a case, the owner will inform the client, and the cost of the reservation will remain unchanged.
15. Capacity
The reservation is made for a specific number of people, including children and babies. If the number of people exceeds this number, the owner has the right to refuse entry to the additional people or to deny access. This refusal cannot under any circumstances be considered a modification or breach of contract initiated by the owner. Therefore, if more guests depart than were refused entry, no refund will be issued and the balance remains due. If the house capacity allows and the owner wishes to accommodate the additional guests, a supplement may be applied. Access to the property, rooms, grounds, and common areas is reserved exclusively for the individuals listed in the reservation, unless otherwise expressly agreed upon by the owner.
Article 16 - Pets
Pets are not allowed at Domaine du Paraïs. If the client fails to comply with this clause, the owner's refusal to accept the pets and their owners cannot be considered a modification or breach of contract.the owner's initiative. Therefore, in the event of the client's departure, no refund can be considered.
17. Completeness
These General Terms and Conditions of Sale, the terms and conditions of the rate booked by the customer, and the booking confirmation or request constitute the entire agreement between the parties. No general or specific terms and 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 booking confirmation or request (including the specific terms and conditions of the rate booked) and these General Terms and Conditions. In the event of any conflict between the booking confirmation and the general terms and conditions, the provisions contained in the booking confirmation shall be the only ones applicable to the obligation in question.
These general terms and conditions of direct and internet sales may be modified and/or supplemented by the establishment at any time.
In this case, the new version of the online terms and conditions of sale will be published online by the establishment. Once published online, the new version of the online terms and conditions of sale will automatically apply to future customers.