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 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 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 for his needs, such that we cannot be held liable in this regard. The booking is deemed to have been 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 certifies the truthfulness and accuracy of the information transmitted. After the final choice of the services to be booked, the booking procedure includes in particular the entry of the bank card in the event of a request for a guarantee or prepayment, the consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate before the validation of the booking and, finally, the validation of the booking by the customer.
4. Acknowledgement 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 acknowledgement 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, the information relating to the after-sales service, as well as the address of the seller's establishment to which the customer can submit their 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 deposits, will not be subject to any refund. 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. Charging electric vehicles
The electrical installation of the domain does not allow the charging of electric or hybrid vehicles. This can cause damage to the vehicle, serious accidents (fire, short circuits) and produce significant damage to the domain's network. Our insurance does not cover any damage that would originate from the charging of a vehicle and the entire loss would therefore be the total and exclusive responsibility of the owner of the vehicle. It is therefore strictly forbidden to recharge the battery of an electric or hybrid vehicle by plugging into an electrical outlet in an accommodation. In the case of electric bicycles, their batteries may only be recharged in the bicycle room and on the sockets dedicated to this purpose.
7. Provisions relating to a rental of a gîte
Status report:
An inventory and condition report are carried out before the customer's arrival by the technical and cleaning teams of the estate. In the event of a problem in the rented accommodation (anomaly, missing objects or damage not indicated) the customer must make a complaint by email to the reception within 24 hours of arrival. After this period, no complaints will be taken into account and the customer may be held responsible for any damage or missing items upon departure.
Accommodation deposit and final cleaning:
The accommodation must be returned in the condition in which the customer found it. Upon entering the premises, the customer will provide the domain with a deposit of €550, €650 or €900, depending on the size of the accommodation, by credit card imprint. This amount is indicated in the reservation document. As a security deposit, intended to cover damage and/or deterioration of the accommodation and the furniture and objects furnishing the accommodation, caused by the customer.
The accommodation must be left clean when the client leaves (floors cleaned, dishes washed, blankets put away, bins emptied, cupboards and fridge emptied and clean, kitchen and shower room/WC cleaned). If the accommodation is not left clean, the estate reserves the right to charge a cleaning fee and to deduct it from the client's deposit after notifying the client.
The customer can subscribe to an end-of-stay cleaning option, the fixed price of which is calculated according to the size of the accommodation (€100, €200 or €300) and indicated on the reservation document. For organizational reasons, this option can be subscribed up to 14 days before the client's arrival, online or directly at the domain reception.
The security deposit will be returned, within a maximum of 8 days after departure, after deduction, where applicable, of the sums covering damage and/or deterioration of the accommodation and furniture. If the deposit is insufficient, the customer agrees to make up the difference, on the basis of supporting documents provided by the owner. In the event of disproportionate damage, the damage will be assessed by report and will be followed by compensation by the customer, without delay for recourse to insurance.
In the event of early termination of the stay by the Tenant, and if the owner's liability is not called into question, no reimbursement will be made, except for the security deposit if no damage has been noted.
8. Animals
Pets are welcome, with prior agreement and limited to one animal per accommodation. When booking, the customer is required to indicate the presence of pets accompanying them. However, the estate reserves the right to refuse a pet, if it considers the animal dangerous or likely to disturb the tranquility of the premises. For the respect of each, animals must be kept on a leash on the estate and their droppings picked up. Any animal brought into the rental without the prior agreement of the owner would imply the immediate termination of the reservation.
9. Customer Obligations
The client will peacefully use the rented accommodation and the furniture and equipment according to the purpose given to them by the lease and will be liable for any damage or loss which may occur during the term of the contract in the premises of which he has exclusive use.
The client will maintain the rented accommodation and return it in a good state of cleanliness and rental repairs at the end of the contract. If items listed in the inventory are broken or damaged, their replacement value may be claimed.
Parties and the use of outdoor speakers are not permitted and for the comfort of all, the client must respect the calm and avoid any behavior that could disturb the peace of other vacationers, particularly between 10 p.m. and 9 a.m.,
After unloading their luggage, the customer must park their vehicle in the car park provided at the entrance, as vehicles are prohibited from driving within the grounds of the Estate.
The customer may not exercise any recourse against the domain in the event of theft or damage to the rented premises.
The customer is required to indicate when booking, the number of adults and children who will be present during the stay. This declaration is authentic for the calculation of the tourist tax. He will respect the maximum number of people who can enter the premises, in accordance with the reservation document.
The customer may not object to a visit to the premises if a representative of the estate requests it.
The customer undertakes to notify reception as soon as possible of any damage affecting the accommodation, its furniture or its equipment, to respect the purpose of the accommodation and not to make any changes to it, to authorize the estate or a third party mandated by it to carry out, during the rental period, any repairs required by the emergency, waiving in advance any claim to any compensation or reduction in the rent on this account.
10. Rental insurance
The customer must check with their insurance company that they have a holiday extension as part of their home insurance contract and its guarantee conditions. If this is not the case, the tenant is required to insure themselves against the risks inherent to their occupation. Namely: accident, theft, loss, damage to personal effects. They must also insure themselves against any damage they may cause to the rental accommodation, whether caused by themselves or by their companions. They must be able to provide a copy to the estate upon simple request.
11. Liability
The photographs presented on our booking platform are not contractual. Even if all the best efforts are 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, inability to access 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.
12. 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.
13. Prices
The prices relating to the reservation of services are indicated before and at the time of booking. The 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 booking platform. If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange fees are the responsibility of the customer. All reservations, regardless of their origin, are payable in the local currency of the establishment, unless special provisions 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, shown 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 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.
14. 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 (Visa, Mastercard, American Express, etc.).) according to the possibilities offered by the establishment's booking platform) by 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. He must present himself at the establishment with the bank card that allowed him to guarantee the reservation. The payment is debited at the establishment during the stay, except in the case of special conditions or rates where the partial or total debit of the payment is made at the time of booking. This prepayment is called a deposit.
In the event of a no-show (reservation not cancelled – customer not present) 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 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, input 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 payment method. 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 provided by the establishment.
15. 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 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 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. In particular 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 transfer of data may therefore be carried out 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 undertaken to the establishment to take all security measures and respect the confidentiality of data for said data transfers.
16. Proof agreement
The entry of the required banking information, as well as the acceptance of these general conditions and the voucher or the reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records kept in the computer systems of elloha.com. will be kept under 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.
17. Force majeure
Force majeure means any event external to the parties that is both unforeseeable and insurmountable and prevents 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 considered to be those usually recognized by the case law of the French Courts and Tribunals. Each party may not be held liable to the other party in the event of non-performance of its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party shall bear the cost of the resulting costs.
18. 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.
19. Entirety
These General Terms and Conditions of Sale, the terms and conditions of sale of the rate reserved by the customer, and the reservation voucher 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 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 reserved) 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 for the obligation in question. These general conditions of sale by internet may be modified and/or supplemented at any time by the establishment. 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 posted online, the new version of the general terms and conditions of sale via the internet will automatically apply to all customers.