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General conditions of sale

 

 

The terms used in the present document that are capitalized without having been previously defined have the meaning given to them below:


"Client" means a natural person of legal age, acting for his/her own personal needs and having full legal capacity to enter into a commitment hereunder.
"Conditions of sale of the reserved fare" means the specific conditions of each reservation made by the Client.
"Booking Confirmation" means the document summarising the details of the booking made by the Customer, sent by the website or the Hotel to the Customer.
"Reservation Request" means any request made by the Client to reserve a hotel room.
"Hotel" refers to the Domaine des Andéols, operated by SARL DOMAINE DES ANDEOLS with a capital of €2,407,622, whose registered office is at 22 RUE DE LONDRES, 75008 PARIS, registered in the Paris Trade and Companies Register under number 444 143 846, with an intra-Community VAT number FR71 444143846 and NAF code 5510Z.
"Partners" refers to all service providers who have concluded a service contract or partnership agreement with the Hotel.
"Service" means any hotel room reservation service provided by the Customer on the Hotel's website.
The "Hotel's Internet site" refers to the Internet site dedicated to the Hotel and accessible at the following address https://www.andeols.com/fr.

 

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale shall apply, without restriction or reservation, to all purchases of hotel room reservation services and related services ("the Services") offered by the Hotel ("the Provider" or "the Hotel") to consumers and non-professional customers ("the Customer") on the Hotel's website. The main characteristics of the Services are presented on the Hotel's website. The choice and purchase of a Service is the sole responsibility of the Custome
The Customer declares :
He/she has full legal capacity to enter into commitments under these General Terms and Conditions of Sale.
To make a reservation for hotel rooms and related services for his/her personal needs.
To be able to save and print the present General Conditions of Sale:
Domaine des Andéols - 84490 Saint-Saturnin-Les-Apt

These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for the Services.
The Customer is hereby informed that the Hotel enters into partnership agreements with third-party travel service providers in order to enable him/her, by using the services offered by these partners on their websites, to search for, select and book rooms in the Hotel. Any reservation of hotel rooms made under these conditions implies the Customer's full and unreserved consultation and acceptance of the service provider's special conditions, the conditions of sale of the reserved rate and these general conditions of sale. The Customer declares that he/she has obtained all the necessary information from the Hotel, which is available on the website.
These General Terms and Conditions of Sale may be accessed at any time on the Hotel's website and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the Provider's computer system shall constitute proof of all transactions entered into with the Customer. Thus, the entry of banking information, the acceptance of the General Terms and Conditions of Sale, the Terms and Conditions of Sale of the rate or the Reservation Request, have the same value between the Hotel and the Customer as a handwritten signature on paper. The computerised records kept in the Hotel's computer systems shall be kept under reasonable security conditions and shall be considered as proof of communication, orders and payments made between the Hotel and the Customer.
The Hotel shall keep the written record of the conclusion of the contract in electronic or paper format for a maximum of 5 years.

The Client is informed that his IP address is recorded at the time of booking. In accordance with the French Data Protection Act of 6 January 1978, the Client has the right to access, rectify and object to all his personal data at any time by writing to the following address with proof of identity DOMAINE DES ANDEOLS - 84490 SAINT SATURNIN LES APT
The present General Conditions of Sale also include the Personal Data Charter.
The Customer declares that he/she has read these General Terms and Conditions of Sale (including the Personal Data Charter) and has accepted them by ticking the box provided for this purpose before implementing the online reservation procedure, as well as the General Terms and Conditions of Use of the Hotel's website.
The validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Customer acknowledges that he/she has the required capacity to enter into a contract and to purchase the Services offered on the Hotel's website.
As these General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer's purchase is the one in force on the website at the time of the reservation.
These General Terms and Conditions of Sale shall apply for as long as the services offered by the Hotel are available online on the Hotel's website. The Hotel reserves the right to temporarily or permanently close access to its website.

 

ARTICLE 2 - Reservations

The Client selects on the website the services he wishes to book, according to the following procedures:
1. Selection of the type of room and the rate
2. Selection of additional services, if any
3. Verification and validation of the booking details, the total amount of the booking, the rate conditions
4. Indication of contact details
5. Entering credit card details in case of guarantee or prepayment
6. Consultation and acceptance of the general terms and conditions of sale and the conditions of the selected fare before validating the reservation7. Validation of the reservation

The Customer acknowledges that he/she has taken cognisance of the nature, destination and reservation terms and conditions of the Services offered by the Hotel and that he/she has requested and obtained the necessary information to make his/her reservation with full knowledge of the facts. The Customer is solely responsible for his/her choice of services and their suitability for his/her needs, and the Hotel shall not be held liable in this respect.

The Customer undertakes to complete the information requested on the reservation request and attests to the truthfulness and accuracy of the information provided.

The contractual information is presented in French and is confirmed at the latest when the Client validates the reservation.

For bookings made exclusively on the internet, the registration of a booking on the Provider's website is completed when the Client accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates the booking. The Client has the possibility to check the details of his booking, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.

It is therefore the Client's responsibility to check the accuracy of the booking and to immediately report any errors.

The sale of Services shall only be deemed final once the Provider has sent the Customer confirmation of acceptance of the reservation by e-mail and once the Customer has received payment in full. Any reservation made on the Hotel's website constitutes the formation of a contract concluded at a distance between the Customer and the Provider.

The Hotel reserves the right to cancel or refuse any reservation made by a Customer with whom there is a dispute over payment of a previous reservation.

Each reservation is nominative and may not be transferred to a third party under any circumstances.

Credit card guarantee to confirm the reservation.

Deposit of 30% of the total amount of the stay requested at the time of booking, refundable to the hotel within the cancellation periods below:
Cancellation at the hotel without charge up to 7 days before the date of arrival: from 01 April to 15 June and from 15 September to 30 October 2023
Cancellation at the hotel free of charge up to 14 days before the arrival date: June 15 to September 15, 2023

Hotel cancellation policy :
Low & Mid Season: Upon booking, 30% of the reservation will be charged. Cancellation free of charge up to 7 days prior to arrival date. In case of late cancellation between D-7 and D-1, we keep the 30% deposit debited at the time of booking. In case of cancellation on the same day or in case of no-show, you will be charged the full amount of the stay.
High Season: As soon as the reservation is made, 30% of the reservation is charged. Cancellation free of charge up to 14 days before the arrival date. In case of late cancellation between D-14 and D-1, we keep the 30% deposit debited at the time of booking.
In case of cancellation on the same day or in case of no-show, you will be charged the full amount of the stay. In case of cancellation or modification of the reservation at the non-cancellable rate, for whatever reason, a sum corresponding to 100% of the total prepaid amount will be automatically acquired by the Provider and charged to the Client. The same shall apply in the event of the Client's failure to arrive on the scheduled date of arrival.

 

ARTICLE 3 - RATES

The Services offered by the Provider are provided at the rates in effect on the Hotel's website at the time the reservation is made by the Provider.

The prices are expressed in Euros, including VAT, and take into account any discounts that may be granted by the Provider under the conditions specified on the Hotel's website.

These rates are firm and non-revisable during their period of validity, as indicated on the Hotel's website, and the Provider reserves the right, outside this period of validity, to change the prices at any time.

The rates are indicated before and at the time of the reservation made by the Customer. They are per room for the number of persons and the date selected.

The rates are confirmed to the Client in the commercial currency of the Hotel, including VAT (excluding tourist tax). They include VAT at the rate applicable on the date of the reservation; any change in the rate applicable to VAT will automatically be reflected in the rates indicated on the date of the invoice. The same shall apply to any change or introduction of new legal or regulatory taxes imposed by the competent authorities.

The rates do not include the tourist tax, which can be paid directly to the Hotel.

The Client agrees to pay these various taxes to the Hotel without any dispute.

The payment requested from the Customer corresponds to the total amount of the purchase, with the exception of this Tax.

Unless otherwise stated on the Site, additional services (breakfast, etc.) are not included in the price.

The conversion into foreign currency is given as an indication and is not contractual. If a rate involves payment directly to the Hotel upon the Customer's arrival or departure and the Customer's currency is not the same as that of the Hotel, the rate debited by the Hotel may differ from the rate communicated at the time of reservation, taking into account changes in the exchange rate between the reservation date and the payment date.

An invoice is drawn up by the Provider and given to the Customer when the reserved Services are provided.

 

ARTICLE 4 - PAYMENT METHODS

In the case of cash payment on the day of booking (Non-cancellable Non-refundable Tariff):
The price is payable in full on the day of confirmation of the booking by the Client, in accordance with the terms and conditions specified in the "Reservations" article above, by means of secure payment:
- by bank cards: Visa, MasterCard, American Express, other blue cards (Ecard bleue).

At the time of booking, the Client communicates his/her bank details, specifying the name of the bank card, the bank card number, the date of validity (the bank card must be valid until the end date of the stay) and the cryptogram.

The payment data is exchanged in encrypted mode using the SSL protocol.

The Customer shall present the bank card used to pay for the reservation at the Hotel. The Customer may be asked to show proof of identity as part of the procedures to prevent credit card fraud.

The Service Provider shall not be obliged to provide the Services ordered by the Customer unless the price has been paid in full in accordance with the above conditions.

Payments made by the Customer shall only be considered final after the Service Provider has received the amounts due.

In case of cash payment at the time of the provision of services:
The price is payable in cash, in full, on the day of the provision of the Services booked under the conditions defined in the article "Provision of Services" below and as indicated on the invoice given to the Client, by means of secure payment:
- by bank cards: Visa, MasterCard, American Express, other blue cards (Ecard bleue).

The payment data is exchanged in encrypted mode using SSL protocol.

The Client will then communicate his bank details, specifying the name of the bank card, the bank card number, the date of validity (the bank card must be valid until the end date of the stay) and the cryptogram.

The Client may be asked to show proof of identity as part of the procedures to prevent credit card fraud.

The Provider shall not be obliged to provide the Services ordered by the Client if the price has not been paid in full in accordance with the above conditions.

Payments made by the Customer shall only be considered as final once the amounts due by the Provider have been collected.

 

ARTICLE 5 - Provision of Services

The Services booked by the Customer, which include the reservation of hotel rooms and related services, shall be provided in accordance with the following terms and conditions, under the conditions set forth in these General Terms and Conditions of Sale, supplemented by the Terms and Conditions of Sale of the Tariff of which the Customer has been made aware and which he/she has accepted when making his/her reservation on the Hotel's website.

Upon arrival, the Customer will be asked to show his/her identity document in order to ensure that he/she is required to complete a Police Form.

The Hotel is a completely non-smoking area. The Guest will be held responsible for any direct and/or indirect, consequential damages resulting from the act of smoking in the Hotel. He/she will therefore be liable for the full amount of the costs of cleaning and restoring the damaged element or area to its original state.

Animals are not allowed in the hotel. For reasons of hygiene, they are not allowed in the dining rooms.

The establishment reserves the right not to accept children between the ages of 2 and 10 for safety reasons (swimming areas, stairs, etc.)

The Client's personal belongings left in the hotel room, in particular outside the safe or in the public areas of the hotel, are the Client's sole responsibility. The Hotel shall not be held responsible for the loss, theft, deterioration or damage to the said effects.

The guest accepts and undertakes to use the room with due care. Therefore, any behaviour contrary to good morals and public order will lead the Hotel to ask the Client to leave the establishment without any compensation or refund if payment has already been made. In the event that no payment has been made, the Customer must pay the price of the nights consumed before leaving the establishment.

The Client shall be held responsible for all direct and/or indirect, consequential damage that he/she causes in the room booked or that he/she may cause within the Hotel. Consequently, he/she undertakes to compensate the Hotel for the amount of the said damage, without prejudice to any damages and interest that may be due, procedural and legal costs incurred by the Hotel.

WIFI access (with or without a charge) enabling guests to connect to the Internet may be offered in accordance with the Hotel's current policy. The Client undertakes to ensure that the computer resources made available by the Hotel shall not be used in any way for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorisation is required. If the customer does not comply with the above obligations, he/she risks being accused of an infringement of copyright (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years' imprisonment. The client is also required to comply with the security policy of the hotel's Internet service provider, including the rules for using the security measures implemented to prevent the illicit use of computer resources, and to refrain from any act that undermines the effectiveness of these measures.

Unless otherwise expressly agreed, the room will be made available to the Client on the day of his arrival at 4 p.m. and the Client will leave the room on the day of his departure at 12 p.m. Failing this, the Client will be charged an additional night's stay. The Client must check his departure date. In the event of early departure, the full amount of the stay will be due.

The Provider undertakes to make its best efforts to provide the Services booked by the Client, within the framework of an obligation of means.

The Customer shall have a period of 8 days from the date of departure from the Hotel in which to submit written reservations or complaints concerning the provision of the Services, together with all the relevant supporting documents, to the Hotel.

In the absence of reservations or complaints expressly made by the Client within this period upon receipt of the Services, the latter shall be deemed to be in conformity with the reservation, in terms of quantity and quality.

In the event of displacement:
In the event of an exceptional event, force majeure or the impossibility of making the reserved room available to the Customer, the Hotel reserves the right to accommodate the Customer in whole or in part in a hotel of an equivalent category, for services of the same nature and subject to the prior agreement of the Customer.

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

In accordance with article L 221-28 of the Consumer Code, the Client does not have the right of withdrawal provided for in article L 221-18 of the Consumer Code, given the nature of the services provided.

The contract is therefore definitively concluded as soon as the Client makes the reservation in accordance with the terms and conditions specified in these General Terms and Conditions of Sale.

 


ARTICLE 7 - Liability of the Provider - Guarantee

The Provider guarantees, in accordance with the legal provisions and without additional payment, the Client against any lack of conformity or hidden defect, resulting from a failure to perform the Services booked and effectively paid for under the conditions and according to the terms defined in these General Terms of Sale.

The Services provided through the Hotel's website comply with the regulations in force in France. The Service Provider shall not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to check.

 


 ARTICLE 8 - Data Protection

In application of law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Client is necessary for the processing of his reservation and the drawing up of invoices, in particular.

This data is processed and intended for the Hotel and may be communicated to any of its partners responsible for the execution, processing, management and payment of reservations and the Customer's stay.

In addition, the Hotel may send its customers its newsletter, promotional offers, and a satisfaction questionnaire following their hotel stay by e-mail.

The processing of information communicated via the Hotel's website has been declared to the CNIL.

In accordance with national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.

This right may be exercised under the conditions and according to the procedures defined on the Hotel's website.

The personal data protection policy can be consulted in the Personal Data Protection Charter available on the Hotel's website.

 


ARTICLE 9 - Intellectual property

The content of the Hotel's website is the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

 

ARTICLE 10 - Unforeseeability

The present General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all operations of Services from the Provider to the Client. The Service Provider and the Client hereby waive the provisions of Article 1195 of the French Civil Code and the unforeseeable circumstances provided for therein, and undertake to fulfil their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.

 


ARTICLE 11 - Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

 


Article 12 - MISCELLANEOUS PROVISIONS

These General Terms and Conditions of Sale, the Personal Data Charter, the Terms and Conditions of Sale of the fare booked by the Client, the Booking Request, the Booking Confirmation by the Client, constitute the entire agreement of the parties within the limits of its purpose. They therefore replace and cancel, within this limit, any previous verbal or written agreement.

No tolerance, whatever its nature, extent, duration or frequency, may be considered as creating any right and may not lead to limiting in any way whatsoever the possibility of invoking each of the clauses of these General Terms and Conditions of Sale, at any time, without any restriction.

Any clause of the present General Terms and Conditions of Sale that is declared null and void or illegal by a competent judge will be deprived of effect, but its nullity will not affect the other stipulations, nor will it affect the validity of the General Terms and Conditions of Sale as a whole or their legal effects.

 


ARTICLE 13 - Applicable law - Language

The present General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law.

The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

 

 

ARTICLE 14 - Disputes

All disputes to which the purchase and sale operations concluded pursuant to these general terms and conditions of sale may give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the Hotel and the Customer, shall be submitted to the competent courts under the conditions of common law.

After having referred the matter to the service (after-sales, after travel...) and in the absence of a satisfactory response or in the absence of a response within 60 days, the Customer may refer the matter free of charge to the Tourism and Travel Ombudsman, whose contact details and procedures for referring the matter are available on his website: www.mtv.travel

 


ARTICLE 15 - Pre-contractual information - Acceptance by the Client

The Client acknowledges having been informed, prior to making a reservation and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in article L. 221-5 of the Consumer Code, and in particular the following information
the essential characteristics of the Services, taking into account the communication medium used and the Service concerned
the price of the Services and related costs;
in the absence of immediate execution of the contract, the date or deadline by which the Service Provider undertakes to provide the reserved Services;
information on the Provider's identity, postal, telephone and electronic contact details and activities, if not apparent from the context,
information relating to legal and contractual guarantees and their implementation modalities;
the functionalities of the digital content and, where appropriate, its interoperability;
the possibility of recourse to conventional mediation in the event of a dispute;
information on important contractual conditions.

the means of payment accepted.

The fact that a natural person (or legal entity) makes a reservation on the Hotel's website implies full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Provider.

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