ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of the residence accommodation reservation services and ancillary services (‘the Services’) offered by the Hotel (‘the Provider’ or the ‘Hotel’) to consumers and non-professional customers (‘The Customers or the Customer’) on the Hotel’s website.
The main features of the Services are set out on the Hotel’s website, which the Customer is required to read before making a reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Customer declares:
● To have full legal capacity to commit to the present General Terms and Conditions of Sale.
● To make the reservation of the residence’s accommodations and ancillary services for his/her personal needs.
● Be able to save and print the present General Sales Conditions. The residence’s contact details are as follows:
Côté Océan
18 avenue de Chatelaillon 17690 Angoulins
These conditions apply to the exclusion of all other conditions, and in particular those applicable for other marketing channels of the Services.
The Customer is informed that the Athome residence concludes partnership agreements with third party travel service providers (such as Booking) in order to allow him/her, by using the services offered by these partners on their website, to search for, select and book accommodation in the residence.
Any reservation of accommodation in the residence made under these conditions implies the consultation and complete and unreserved acceptance by the Customer of the special conditions of the service provider, the conditions of sale of the reserved rate and these general conditions of sale. The Customer declares to have obtained from the residence all the necessary information available on the website.
The present General Terms and Conditions of Sale are accessible at any time on the residence’s website and will prevail, if necessary, over any other version or any other contradictory document. Unless proven otherwise, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Client. 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 shall have the same value between the Hotel and the Customer as a handwritten signature on paper. The computerized records kept in the residence’s computer systems shall be kept under reasonable security conditions and shall be considered as proof of communication, order and payment between the Hotel and the Customer.
The Hotel shall ensure that the written record of the conclusion of the contract is kept in electronic or paper format for a maximum period of 5 years.
The Customer is informed that his IP address is recorded at the time of the reservation. In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify, and oppose all of his personal data at any time by writing to the following address with proof of identity Côté Océan 18 avenue de Chatelaillon 17690 Angoulins
The present General Conditions of Sale also include the Charter on Personal Data.
The Customer declares that he/she has read the present 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 residence’s website.
The validation of the reservation of Services by the Client implies acceptance without restriction or reservation of the present General Terms and Conditions of Sale (including the Personal Data Charter).
The Customer acknowledges having the capacity required to contract and acquire the Services offered on the residence’s website.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website at the date of the reservation.
The present General Terms and Conditions of Sale are applicable during the time the services offered by the residence are online on the residence’s website. The Athome residence reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 – Reservations
The Customer selects on the website the services he wishes to book, according to the following terms:
1. Selection of room type and price
2. Selection of additional services if applicable
3. Verification and validation of the details of the reservation, the total amount of the reservation, the conditions of the tariff
4. Indication of contact details
5. Entering the details of your bank card as guarantee for the Flexible rate (RACK) or payment for the non-refundable non-modifiable rate (NANR)
6. Consultation and acceptance of the general conditions of sale and the conditions of the selected rate prior to the validation of his reservation
Terms & Conditions: Seminar Room
Option:
- Possibility to put an option on the room or the office up to 72 hours maximum.
Reservation:
- If validation of your quote, a deposit of 30% of the total amount of the reservation will be requested as well as a credit card valid until the day of the seminar as a guarantee.
- The rest of the balance will be payable upon arrival or in advance by bank transfer.
Cancellation:
If cancellation of the reservation:
- D+30: free of charge (refund of 30% deposit)
- D-30 to D-7: 30% charged
- D-7 to D-1 (at noon): 70% charged
- D-1 after 12:00 p.m.: 100% charged
7. Confirmation of your reservation
The Customer acknowledges having read the nature, destination and booking methods of the Services offered by the residence and having requested and obtained the information necessary to make his reservation in full knowledge of the facts. He is solely responsible for his choice of services and their suitability for his needs, so that the responsibility of the residence cannot be sought in this regard.
The Customer undertakes to complete the information requested on the reservation request and certifies the veracity and accuracy of the information transmitted.
The contractual information is presented in French and is subject to confirmation at the latest when the Customer confirms the reservation.
For reservations made exclusively on the internet, the registration of a reservation on the Service Provider’s website is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his reservation. The Customer has the possibility to check the details of his reservation, his total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitute proof of the sales contract.
It is therefore the Customer’s responsibility to verify the accuracy of the reservation and to immediately report any errors.
The sale of Services will only be considered final after the Service Provider has sent confirmation of acceptance of the reservation to the Customer, by e-mail and after receipt by the latter of the full price.
Any reservation made on the residence’s website constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider.
The Hotel reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute relating to the payment of a previous reservation.
Each reservation is personal and can in no case be transferred to a third party, unless otherwise indicated by the booker.
Cancellation of a Flexible rate reservation (RACK rate):
In the event of cancellation of the reservation at the Flexible rate by the Customer after 12 p.m. on the day of arrival, for any reason whatsoever, an amount corresponding to the total amount of the 1st night (excluding tourist tax) will be automatically acquired. to the Service Provider and invoiced to the Client, as damages, in compensation for the damage suffered.
Cancellation / Modification of a reservation at the Non-Cancellable Non-Refundable rate (Taris NANR):
In the event of cancellation or modification of the reservation at the Non-cancellable non-refundable rate by the Customer, for any reason whatsoever, an amount corresponding to 100% of the total prepaid amount will be automatically acquired by the Service Provider and invoiced to the Customer. It will be the same in case of non-presentation of the Client on the scheduled date of arrival.
ARTICLE 3 – PRICES
The Services offered by the Service Provider are provided at the rates in effect on the residence’s website when the booking is registered by the Service Provider. Prices are expressed in Euros, excluding and including tax.
The rates take into account any reductions that may be granted by the Service Provider under the conditions specified on the residence’s website.
These prices are firm and non-revisable during their period of validity, as indicated on the residence’s website, the Service Provider reserving the right, outside this period of validity, to modify the prices at any time.
The rates are indicated before and during the reservation made by the Customer. They are per accommodation for the number of people and the date selected.
The rates are confirmed to the Customer in the amount including tax (excluding tourist tax) in the commercial currency of the residence. They take into account the VAT at the rate applicable on the day of the reservation; any change in the rate applicable to VAT will be automatically passed on to the prices indicated on the date of invoicing. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
The rates do not include the tourist tax payable directly on site with the Hotel.
The Customer undertakes to pay these various taxes without any dispute to the Hotel.
The payment requested from the Customer corresponds to the total amount of the purchase, including taxes.
Unless otherwise stated on the Site, additional services (breakfast, wellness area, etc.) are not included in the overnight rate.
The conversion into foreign currency is given for information only and is not contractual. If a rate involves online payment at the residence when booking and the Customer’s currency is not the same as that of the residence, the rate debited by the residence is likely to be different from that which was communicates when booking, taking into account the evolution of the exchange rate between the date of booking and the date of payment.
Any on-site payment for a reservation or additional services must be made in EURO currency.
An invoice is drawn up by the Service Provider and given to the Customer when the Services reserved are provided at the end of their stay.
ARTICLE 4 – TERMS OF PAYMENT
In case of cash payment on the day of the reservation (Non-Cancellable Non-Refundable Rate):
The price is payable in cash, in full on the day of confirmation of the reservation by the Customer, according to the terms specified in the “Reservations” article above, by means of secure payment:
– by credit card: Visa, MasterCard.
When booking, the Customer communicates his bank details, specifying the name of the bank card, the number of the bank card, the date of validity (the bank card must be valid until the end of the stay) and the cryptogram.
Payment data is exchanged in encrypted mode using the SSL protocol.
The Customer will be debited at the time of his reservation for all the nights (excluding tourist taxes and/or chosen services). Upon arrival, he may be asked to present an identity document as part of the procedures for preventing credit card fraud.
The Service Provider will not be required to provide the Services ordered by the Customer if the price has not been paid to him in full beforehand under the conditions and indicated above.
Payments made by the Customer will only be considered final after actual collection of the sums due by the Service Provider.
In case of cash payment upon provision of services (Flexible Rate):
The price is payable in cash, in full on the day of the provision of the reserved Services under the conditions defined in the article “Provision of Services” below and as indicated on the invoice given to the Customer, by means of secure payment:
– by credit card: Visa, MasterCard
Payment data is exchanged in encrypted mode using the SSL protocol.
The residence will ask the Customer, upon arrival, to pay a security deposit or authorize the debit of their bank card, in order to guarantee payment of the sums corresponding to the services consumed on site.
The Customer will then communicate his bank details, specifying the name of the bank card, the number of the bank card, the date of validity (the bank card must be valid until the end date of the stay).
The Customer may be asked to present an identity document as part of the procedures for preventing credit card fraud.
The Service Provider will not be required to provide the Services ordered by the Customer if the price has not been paid to him in full beforehand under the conditions and indicated above.
Payments made by the Customer will only be considered final after actual collection of the sums due by the Service Provider.
ARTICLE 5 – Provision of Services
The Services reserved by the Customer, which include accommodation reservation services in the residence and additional services (such as breakfast, or the wellness area) will be provided according to the following terms, under the conditions provided for in these General Conditions of Sale supplemented by the Conditions of Sale of the Tariff which the Customer has read and accepted when booking on the residence’s website.
Upon arrival, the Customer will be asked to present his identity document in order to ensure his obligation to complete a Police Form.
The residence is an entirely non-smoking area. The client will be held liable for direct and/or indirect, consequential damages resulting from the act of smoking in the residence. He will therefore be liable for the full amount of the cost of cleaning and restoring the damaged item or space to its original state.
Animals, provided they are kept on a leash or in a cage in the common areas of the establishment, may be accepted according to the Hotel’s policy in force, subject to the payment of a supplement. For reasons of hygiene, animals are not allowed in the dining rooms (breakfast). It is also forbidden to leave animals alone without supervision in the accommodation. The housekeeping staff reserves the right not to carry out the daily cleaning of the accommodation if an unsupervised animal is present.
The Client’s personal belongings left in the Hotel room, in particular in the indoor and outdoor public spaces and parking lot of the residence, are entirely his responsibility. The residence cannot be held responsible for the loss, theft, deterioration or damage caused to said effects.
The customer accepts and undertakes to use the room as a good father. Also, any behavior contrary to morality and public order will lead the residence to ask the Customer to leave the establishment without any compensation and/or without any refund if payment has already been made. In the event that no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
The Customer will be held responsible for all direct and/or indirect, consequential damages of which he is the author, observed in the reserved accommodation or that he could cause within the residence. Consequently, he undertakes to compensate the residence for the amount of said damages, without prejudice to any damages that may be due, procedural costs and legal costs incurred by the residence.
Free WIFI access allowing customers to connect to the internet may be offered according to the residence’s current policy. The client undertakes that the computer resources made available to him by the residence will not be used in any way for the purposes of reproduction, representation, making available or communication to the public of works or protected objects. by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Code of intellectual property where such permission is required. If the customer does not comply with the aforementioned obligations, he could be accused of an offense of counterfeiting (article L.335-3 of the intellectual property code), punishable by a fine of 300,000 euros and three years’ imprisonment. . The customer is also required to comply with the security policy of the residence’s internet access provider, including the rules for using the security means implemented in order to prevent the illicit use of computer resources. and to refrain from any act that undermines the effectiveness of these means.
Unless expressly provided otherwise, the accommodation will be made available to the Customer on the day of his arrival at 3 p.m. and the Customer will leave the room on the day of his departure before 11 a.m. Failing this, an additional night will be invoiced to the Customer. The Client must check his departure date. In the event of early departure, costs equivalent to one night (excluding tourist tax) will be charged in the case of a flexible rate or all the nights (excluding tourist tax) in the event of a NANR rate.
The Service Provider undertakes to make its best efforts to provide the Services reserved by the Customer, within the framework of an obligation of means.
The Customer will have a period of 8 days from the date of departure from the residence to issue, in writing, reservations or complaints concerning the provision of the Services, with all the supporting documents relating thereto, to the residence. The management reserves the right to act on it or not.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
In the absence of reservations or complaints expressly issued within this period by the Customer upon receipt of the Services, these will be deemed to comply with the reservation, in quantity and quality.
If dislodged:
In the event of an exceptional event, case of force majeure or impossibility of making the reserved room available to the Client, the residence reserves the right to have the Client totally or partially accommodated in a hotel of equivalent category, for services of same nature and subject to the Client’s prior agreement.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with article L 221-28 of the Consumer Code, the Customer 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 concluded definitively as soon as the reservation is made by the Customer according to the methods specified in these General Conditions of Sale.
ARTICLE 7 – Liability of the Service Provider – Warranty
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, resulting from a failure to perform the Services reserved and actually paid for under the conditions and according to the methods defined in these General Conditions. of Sale.
The Services provided through the residence’s website comply with the regulations in force in France. The Service Provider cannot 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 verify.
ARTICLE 8 – Data Protection
In application of law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his reservation and the establishment of invoices, in particular.
These data are processed and intended for the residence and may be communicated to any partners responsible for the execution, processing, management and payment of reservations as well as the Customer’s stay.
In addition, the residence is likely to send its customers by e-mail its newsletter, promotional offers, a satisfaction questionnaire following their stay in the residence.
The processing of information communicated via the residence’s website has been declared to the CNIL.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised under the conditions and according to the procedures defined on the residence’s website.
The personal data protection policy can be consulted in the legal notices available on the residence’s website.
ARTICLE 9 – Intellectual Property
The content of the residence’s website is the property of the Seller 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 is likely to constitute an offense of counterfeiting.
ARTICLE 10 – Imprevision
These General Terms and Conditions of Sale expressly exclude the legal contingency regime provided for in Article 1195 of the Civil Code for all Service operations from the Service Provider to the Client. The Service Provider and the Customer therefore each waive the right to avail themselves of the provisions of article 1195 of the Civil Code and the contingency regime provided for therein, undertaking to assume 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 execution would prove to be excessively onerous and to bear all the economic and financial consequences.
ARTICLE 11 – Force majeure
The Parties cannot be held liable if the non-execution or the delay in the execution 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 Conditions of Sale, the Personal Data Charter, the Conditions of Sale of the rate reserved by the Customer, the Reservation Request, the Reservation Confirmation by the Customer, constitute the entire agreement of the parties within the limit of its object. They replace and cancel, therefore, within this limit, any verbal or written agreement that would be prior to them.
No tolerance, whatever its nature, extent, duration or frequency, may be considered as creating any right and may not result in limiting in any way whatsoever the possibility of invoke each of the clauses of these General Conditions of Sale, at any time, without any restriction.
Any clause of the present General Conditions of Sale which would come to be declared null or illicit by a competent judge would be deprived of effect, but its nullity could not affect the other stipulations, nor affect the validity of the General Conditions of Sale as a whole or their legal effects.
ARTICLE 13 – Applicable law – Language
These General Terms and Conditions of Sale and the resulting operations are governed by and subject to French law.
These General 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 prevail in the event of a dispute.
ARTICLE 14 – Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have be resolved between the residence and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or to any alternative method of settling disputes. disputes (conciliation, for example) in the event of a dispute.
ARTICLE 15 – Pre-contractual information – Customer acceptance
The Customer acknowledges having had communication, prior to the making of his reservation and the conclusion of the contract, in a readable and understandable manner, of these General 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 the deadline on which the Service Provider undertakes to provide the reserved Services;
- information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context,
- information relating to legal and contractual warranties and their terms of implementation;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information about important contractual terms.
- methods of payment accepted.
The fact for a natural (or legal) person to book on the residence’s website implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Service Provider.