GENERAL RENTAL CONDITIONS
Article 1 - SCOPE AND PRE-CONTRACTUAL INFORMATION
1.1. These general rental conditions (hereinafter the "General Conditions") apply to all rentals of guest rooms (hereinafter the "Rooms") concluded between the owner of the establishment (hereinafter the "Renter") and individual consumers (hereinafter the "Client(s)").
No special condition can, without the formal and written acceptance of the Hirer, prevail over the present General Conditions, so that all contrary conditions set by the Client will, in the absence of the Hirer's express acceptance, be unenforceable against the latter.
The Hirer reserves the right to modify at any time the present General Conditions, it being understood that the modifications will only be applicable to reservations made after the said modifications.
1.2. The present General Conditions are communicated to any Customer who requests them and are in any case available on the website of the Hirer: www.lesongedatys.com.
They are also communicated at the time of the Room Reservation Confirmation to the e-mail address indicated by the Customer.
Any reservation of a room and in particular any payment of a deposit for the reservation implies the acceptance without reserve of the present General Conditions.
Consequently, the Client expressly acknowledges having been informed, prior to the reservation of the Rooms and the conclusion of the contract, in a legible and comprehensible manner, of the present General Conditions and of all the information listed in Article L.121-17 of the Consumer Code and in particular the following information:
- the essential characteristics of the services and in particular of the rooms offered by the Renter;
- the price of services and room rentals, as well as the means of payment accepted;
- information on the identity, activity and contact details of the Renter;
- information about the absence of a right of withdrawal.
1.3. The present General Conditions are written in the French language in their original version, which alone is authentic, taking precedence over any other version translated into a foreign language.
If any provision of these General Terms and Conditions is declared void or ineffective on any legal grounds by a court or any other authority, such a decision shall not affect the validity of the remaining provisions.
Failure at any time to exercise any prerogative or right hereunder, or to require performance of any provision hereunder, shall in no event be construed as a modification of the contract or as an express or implied waiver of the right to exercise such prerogative in the future, or of the right to require strict performance of the covenants herein.
Article 2 - IDENTITY AND CONTACT INFORMATION OF THE HIRER
The room rental services described in these Terms and Conditions are offered by the Renter whose information and contact details are set out below:
Micro-company represented by Muriel Béal and named " Le Songe d'Atys ", registered under the number 795151281 at the Registre du Commerce et des Sociétés de Albi
Address: 16 lieu-dit le planol, 81170 Cordes sur Ciel
Telephone: 06 73 27 06 71
Email: [email protected]
Article 3 - DESCRIPTION OF SERVICES - BED & BREAKFAST
The rental services, the Rooms as well as all the accessory and/or complementary services likely to be proposed by the Hirer are the object of a precise description as to their specificities and their qualities on the Hirer's website.
Although the Renter makes every effort to ensure that the photographs on its website are accurate and up-to-date reproductions of its rooms and services, variations may occur due to the technical characteristics and color resolution of the photographs.
Similarly, for reasons of internal organization and in order to ensure the comfort of the Rooms and the renewal of furniture and equipment, the Renter may have to replace certain furniture and/or equipment shown in the photographs on the website.
The Client may not claim any compensation, nor question in any way the reservation made due to the inadequacies and delays in updating certain photographs on its website.
In any case, the Client has the possibility to ask the Hirer for any question and/or additional information on the details of the services and rooms offered by contacting the Hirer at the address mentioned in article 2 above.
Similarly, a specific estimate can be established by the Hirer taking into account the specificities of the requests and needs expressed by the Customer.
3.2. The Client is expressly informed that the Rooms offered by the Hirer are designed for a precise and determined number of persons.
Consequently, the Hirer may at any time, without engaging his responsibility in any way and for any reason whatsoever, refuse the entry and presence of additional persons in the Rooms initially rented.
The Client acknowledges and expressly accepts that the room rental services offered by the Renter are for a limited and determined period of time, so that he/she cannot claim, in any capacity and at any time, a right to remain in the premises.
Article 4 - FORMATION OF THE CONTRACT - CONDITIONS OF RESERVATION
4.1. CONFIRMATION OF RESERVATION
It is expressly reminded that the Client can get acquainted with the precise description of the rental services and Rooms offered by the Renter, through the latter's website and/or by contacting the Renter according to the contact details mentioned in article 2 above.
Regardless of the method of contact, the Renter shall send to the Client, at the Client's postal address or e-mail address as indicated by the Client, a reservation confirmation (hereinafter the "Reservation Confirmation") containing details of the Room(s) reserved, the prices and payment terms, including the deposit referred to in article 4.2 hereinafter, as well as the present General Conditions.
4.2.1. Unless otherwise agreed by the Hirer, the conclusion of the rental contract is expressly subject to the prior payment of the total amount of the reservation made, all taxes included (TTC).
The Client is informed of this obligation to pay and of the terms of payment in accordance with article 5.2 below, at the time of the Reservation Confirmation referred to in article 4.1 above.
Consequently, the payment of the total amount of the reservation by the Client and its collection by the Hirer firmly and definitively commits the Parties to the rental contract, subject to the stipulations of articles 4.5 and 4.6 below.
Any payment made by the Client is cashed upon receipt by the Hirer to firmly and definitively validate the reservation of the Room(s).
It is expressly reminded that the payment of the reservation amount by the Client entails the unconditional acceptance of the present General Conditions.
4.3. ONLINE RESERVATION AND PAYMENT
4.3.1. The Client can make a reservation of Rooms directly from the Renter's website. In this case, it is mandatory to follow the following steps:
- Enter the website address and follow the instructions on the website.
- Fill in, according to the information provided online, the reservation form made available to him/her where he/she must provide the information necessary for his/her identification, in particular his/her name, first name, postal address and e-mail address.
- Check the elements of the reservation and if necessary, identify and correct any errors and omissions.
- Validate the reservation, the total price including all taxes (TTC) as well as the payment of the total price (TTC) according to the conditions mentioned in article 4.2 above.
- Follow the instructions of the online payment server to pay the price inclusive of all taxes or the requested deposit in accordance with article 4.2.
- The Client will then receive an electronic Reservation Confirmation without delay, mentioning the acceptance of the payment and the validation of the reservation made.
4.3.2 The Client who has chosen to make a reservation via the website will definitively validate his/her reservation by clicking on the "confirmation of reservation with payment obligation" tab to confirm his/her commitment, knowledge and acceptance of these General Conditions and of the reservation made.
At the end of the booking process, the Client is recommended to download, save or print the present General Conditions.
4.4. NO RIGHT OF WITHDRAWAL
In accordance with Article L.121-21-8, 12° of the Consumer Code and notwithstanding the terms of modification and cancellation referred to in Articles 4.5 and 4.6 below, the Customer is expressly informed that he/she does not benefit from the legal right of withdrawal under Article L.121-21 of the Consumer Code.
4.5. MODIFICATION / CANCELLATION BY THE CUSTOMER
4.5.1. Unless otherwise agreed by the Hirer, the reservations of Rooms made as well as the dates of arrival cannot be modified by the Client, as from their firm and definitive validation and in particular the collection of the total price of the reservation referred to in article 4.2 above.
In any case, the Client undertakes to inform the Hirer of any late arrival in relation to the date and time agreed upon and in any case after 7:00 p.m. in accordance with article 6.1 below.
In the absence of information and if the Client does not show up before the imperative arrival times mentioned in article 6.1 below, unless the owner has given a special agreement, the reservation will be deemed to have been cancelled by the Client and the owner will be able to freely dispose of the rooms.
4.5.2 In the event of cancellation of the reservation by the Customer, and except in cases of force majeure:15More thanfifteen (15) calendar days before the start date of the holiday, the Hirer will refund the total price (including VAT) paid by the Customer, less the charges levied by the payment platform (i.e. 1.5% of the total amount paid for French credit cards, 3% for foreign credit cards);
- Between seven (7) and fifteen (15) calendar days before the start of the holiday, the Hirer retains 50% of the total price (incl. VAT) paid by the customer and returns the balance (incl. VAT), less the charges levied by the payment platform (i.e. 1.5% of the total amount paid for French credit cards, 3% for foreign credit cards);
- Less than seven (7) calendar days before the start date of the stay, the Hirer retains the full price paid.
4.5.3. In the same way, in case of no-show of the Client, without any information or warning from the Hirer, as well as in case of shortened stay, the Hirer keeps the total price paid, all taxes included (TTC), for all the nights booked, except for the extra services not consumed.
4.5.4. In any case, the Client undertakes to inform the Hirer of any modification and/or cancellation by any written means (letter, e-mail).
4.6. MODIFICATION / CANCELLATION BY THE LESSOR
4.6.1. Given the management constraints specific to the reservation of Rooms and for reasons of security and/or temporary rehabilitation of the Rooms, the Renter reserves the right to change the Room initially reserved by a Room of the same capacity and standard or of a higher capacity and standard.
In this case, and except for a specific agreement from the Hirer, the Client cannot request any reduction in the price of the reservation made.
4.6.2. In case of cancellation of the reservation by the Hirer, and except in case of force majeure, the Hirer will reimburse to the Client the total amount paid including VAT;
4.6.3. In any case, the Hirer undertakes to inform the Client of any modification and/or cancellation by any written means (letter, fax, e-mail).
Article 5 - PRICE AND PAYMENT TERMS
The prices for the rental of the Rooms and all ancillary or complementary services are indicated by the Renter on its website and/or in all brochures, documents and Internet platforms delivered and/or accessible to Client, as well as in the Reservation Confirmation sent in accordance with article 4.1 above.
Unless otherwise stated, these prices include all taxes, taking into account the VAT rate applicable on the day of the reservation, with the exception of the tourist tax.
The Hirer reserves the right to modify its prices at any time, it being understood that the price modifications will only be applicable to reservations made after the said modifications.
5.2. TERMS OF PAYMENT
On the day of departure, the Hirer establishes an invoice corresponding to the total amount, all taxes included (TTC), of the reserved stay. Additional services consumed by the Client during his stay will also be invoiced and paid for at the end of the stay.
The means of payment available to the Customer are: cash, credit card, transfer.
Article 6 - LESSOR'S OBLIGATIONS
6.1. Subject to the regular completion of the reservation formalities by the Client and in particular the payment of the deposit referred to in article 4.2 above, the Hirer undertakes to make the reserved Room(s) available to the Client according to the agreed dates and duration of the stay.
In this context, unless otherwise agreed by the Hirer, the Client is expressly informed of the following mandatory arrival and departure times:
- Arrival time: between 5:00 pm and 7:00 pm, it being specified that the Client must imperatively inform the Hirer in case of arrival after 7:00 pm.
- Departure time: 10:30 a.m. at the latest.
6.2 Subject to the clauses of article 4.6.1. above, the Hirer undertakes to guarantee the Customer the peaceful enjoyment of the rented Room and the availability of its equipment and furniture.
Article 7 - CUSTOMER'S OBLIGATIONS
7.1. USE OF ROOMS AND PREMISES
7.1.1. The Customer is obliged to use and enjoy the rented Room(s), as well as its furniture and equipment, peacefully as a "good father of the family".
Smoking is strictly forbidden in the rooms and in the common areas of the renter's establishment.
More generally, in order to ensure the quietude and peaceful enjoyment of the premises by all of the Hirer's clients, each Client undertakes to respect reasonable and appropriate manners, as well as any instructions which may be communicated by the Hirer and which are not included in these General Conditions.
7.1.2. In accordance with article 1731 of the Civil Code, the Client is presumed to have received the rented room, its furniture and equipment in a good state of use and conservation and is required to return them to the Hirer in the same state.
Consequently, the Client is responsible and liable to compensate the Hirer for any damage and/or loss occurring during the stay, rendering the rented Room unfit for its purpose and for any new rental, unless such damage and/or loss occurred through no fault of the Client.
The Client is obliged to address to the Hirer his complaints relating to the conformity and/or the state of the reserved Rooms within three (3) calendar days as from the entry in the premises.
In any case, the Client is obliged to inform the Hirer as soon as possible of any incident, deterioration and/or damage that may occur, whether or not due to the Client's fault, from the moment of entry into the premises and during the entire duration of the stay.
Unless otherwise agreed upon at the time of reservation, pets are not allowed in the renter's establishment.
In case of non-compliance with this instruction, the Hirer may cancel the stay booked by the Client, without the latter being able to claim any right to reimbursement or any compensation whatsoever.
Guide dogs for the blind or visually impaired are accepted by the Hirer, unless otherwise specified at the time of booking.
7.4. PERSONAL PROPERTY
The Customer's personal property is placed under the sole and entire responsibility of the Customer, who is responsible for taking all necessary precautionary and security measures for its preservation and/or for any damage it may cause.
Subject to applicable law, Renter shall not be liable for any loss, theft, injury and/or damage to property and/or persons on Renter's premises, however caused and whenever incurred.
Article 8 - FORCE MAJEURE
8.1. In accordance with Article 1148 of the French Civil Code and the definition adopted by the jurisprudence of the French courts and tribunals, force majeure means any event outside the will of the Parties that is both unforeseeable and unavoidable and/or irresistible.
Consequently, it is expressly agreed that in the event of default by one of the Parties on any of the obligations provided for and/or arising from these General Terms and Conditions due to an event of force majeure within the meaning of this article, the defaulting Party shall not incur liability vis-à-vis the other Party.
8.2. More particularly, the Client is expressly informed of the fact that the Renter may be prevented́ against his will, from fulfilling all or part of his obligations provided for and/or arising from the present General Conditions due to an event of force majeure, such as, but not limited to: bad weather, earthquakes, fires, storms, floods, water damage and any climatic event making it impossible to receive and/or accommodate clients in normal and legal safety conditions.
In such cases, it is expressly agreed that the Hirer shall not be liable in any way whatsoever, nor shall he be liable for any compensation to the Customer for the total or partial non-performance of his obligations.
Article 9 - PERSONAL DATA
Customer's information and data are collected and collated by the Renter solely for the purpose of processing Room reservations.
This information and data may be collected and recorded in a customer file belonging to the Renter.
In accordance with the "Data Protection Act" of January 6, 1978, the Client has the right to access, withdraw and rectify his personal data by contacting the Hirer according to the contact details mentioned in article 2.
Likewise, the Client is expressly informed of the fact that during the process of reserving the Rooms, he/she may be led to accept or refuse to receive commercial and/or promotional offers from the Renter at a later date.
Article 10 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The present General Conditions and any contractual relationship arising between the Parties are exclusively governed by French law, to the exclusion of any other foreign legislation and/or regulations.
For any dispute relating to the performance, non-performance, interruption and/or termination of these General Conditions and any obligations arising therefrom, the jurisdiction of the Courts shall be determined in accordance with the applicable rules of procedure and international regulations and conventions.