GENERAL CONDITIONS OF SALE ELLOHA HAUTE-VIENNE
Information for consumers, Internet users and buyers
The presence of an online sales platform for tourist services respects:
- the tourism code and the directive on the new regulations relating to package travel and
linked travel services which came into force on July 1, 2018,
- Regulation No 2016/679, known as the general data protection regulation, which is a regulation
of the European Union which constitutes the reference text on the protection of personal data. It strengthens and unifies data protection for individuals within the European Union.
1. Object
These general conditions define the rights and obligations of the parties in the context of remote bookingof services offered in 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 monitoring of the reservation between the contracting parties. The customer acknowledges having read and accepted these general conditions of sale and the conditions of sale of the reserved rate accessible on our reservation platform. These general conditions of sale apply to all reservations made online, via our reservation platform.
2.Reservation
The customer chooses the services presented on our reservation platform. He acknowledges having read the nature, destination and reservation methods of the services available on our reservation platform and having requested and obtained necessary and/or additional information to make his reservation with full knowledge of the facts . The customer is solely responsible for his choice of services and their suitability to his needs, such that we cannot be held responsible in this regard. The reservation is deemed accepted by the customer at the end of the reservation process .
The reservation is considered final upon receipt of a 25% deposit.
3.Reservation process
Reservations made by the customer are made via the electronic reservation voucher accessible online on our reservation platform . The reservation is deemed to have been made upon receipt of the reservation voucher. The customer undertakes, prior to any reservation, to complete the information requested on the voucher or reservation request. The customer certifies the veracity and accuracy of the information transmitted. After the final choice of the services to be reserved, the reservation procedure includes in particularentering the bank card in the event of a guarantee or prepayment request, consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate before validation of the reservation and, finally, validation of the reservation by the customer . Any reservation made online will only be confirmed upon receipt of payment of the deposit for the stay (25%). Without payment of the deposit the reservation will be canceled by the owner.
4. Acknowledgment of receipt of the reservation
Our reservation platform acknowledges receipt of the customer's reservation by sending an email without delay . In the case of online reservation, the acknowledgment of receipt of the reservation 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 reservation made (floating dates for pass sales), information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit 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. consumption . The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation.
Any cancellation must be notified by email to the owner.
a) cancellation before arrival at the premises: the deposit remains with the owner. The latter may request all or part of the balance of the amount of the stay, if the cancellation occurs:
- from 15 days to 3 days before the planned date of entry into the premises: 25%
- less than 3 days before the planned date of entry into the premises 100%
If the tenant does not appear within 24 hours following the arrival date indicated on the contract, this contract becomes void and the owner may dispose of his accommodation. The deposit also remains with the owner who will request payment of the balance of the rental .
b) if the stay is shortened, the rental price remains with the owner. No refunds will be made.
In the event of cancellation by the owner, the owner will refund the entire amount paid to the tenant.
Reservations with prepayment cannot be subject to any modification and/or cancellation. In this case, it is mentioned in the conditions of sale of the price. All reservations are personal and cannot under any circumstances be transferred to a third party, whether free of charge or for a fee.
6. Consumption of the service
Any behavior contrary to good morals and public order will lead the establishment to ask the customer to leave the establishment without any compensation and/or without any refund if payment has already been made. For establishments with Internal Regulations, the customer accepts and undertakes to respect said regulations. In the event of non-compliance by the customer with one of the provisions of the Internal Regulations, the establishment will be obliged to invite the customer to leave the establishment without any compensation and or without any reimbursement if a regulation has already been made. been carried out.
7. Liability
The photographs presented on our reservation platform are not contractual. Even if all the best efforts are made so 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 reservation and the day of the reservation. 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 the third party, due to the client, in particular the unavailability of the internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of prepayment not authorized by the bearer's bank. Any reservation or payment which 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 .
8. Complaints
Complaints relating to 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.
9. Price
The prices relating to the reservation of services are indicated before and during the reservation. 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 reservation platform. If the establishment is debited in a currency other than that confirmed on the reservation, the exchange costs are the responsibility of the customer. All reservations, regardless of their origin, are payable in the local currency of the establishment, unless special arrangements are indicated on site.
10. Payment
The customer communicates his bank details as a guarantee of the reservationexcept under special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club, etc. depending on the possibilities offered by the establishment's reservation platform) by indicating directly, in the area provided for this purpose ( entry secured by SSL encryption ), the card number, without spaces between the numbers, as well as its validity date (it is specified that the bank card used must be valid at the time of consuming the service) and the visual cryptogram. He must come to 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 payment is debited during the reservation . In the event of a no show (reservation not canceled – customer not present) of a reservation guaranteed by credit card, the establishment will debit the customer, as fixed compensation, of the amount indicated in its general conditions and special 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, ceiling reached, entry error, etc. In the event of a problem, the customer will have to contact their bank on the one hand, establishment on the other hand to confirm their reservation and method of payment. 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 communicated by the establishment.
11. Respect for privacy
The customer is informed, on each of the personal data collection forms, of the obligatory 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 proves compatible with the carrying out of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Protection Charter 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 data transfer may therefore take place 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 committed to the establishment to take all security measures and respect data confidentiality for said data transfers.
In accordance with the European regulations relating to personal data (GDPR) of April 27, 2016, you have the right to dispute and human intervention directly with the seller (contact details available in the contract).
12. Evidence agreement - data protection
Entering the required banking information, as well as acceptance of these general conditions and the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. Computerized records kept in elloha.com's computer systems. will be kept in 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.
13. Force majeure
Force majeure means any event external to the parties which is both unpredictable and insurmountable and which prevents either the client or the establishment from fulfilling all or part of the obligations provided for in the contract. Force majeure or fortuitous events are those usually recognized by the case law of French Courts and Tribunals. Each party cannot be held responsible towards the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the execution of their reciprocal obligations and that each party bears the burden of the resulting costs.
14. Litigation
These General Conditions of Sale are governed by the law of the country of establishment without hindering any mandatory protective provisions that may be applicable in the country of residence of consumers.
Your two main obligations under the Consumer Code
1 - Cover a mediation system and allow the consumer to have free access to it
Since January 1, 2016, you must, as a professional, allow any consumer access to a consumer mediation system with a view to amicably resolving any possible dispute. This obligation results from article L.612-1 of the Consumer Code.
To respond, you must identify the consumer mediator you wish to report to and contact him in order to join his consumer mediation system after having ensured that the terms of this membership and its cost correspond to the needs of your business. The different types of existing mediation are specified in the section below: ""The choice of the consumer mediator"".
2 - Inform the consumer of the contact details of your consumer mediator
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, you must communicate to the consumer the contact details of the competent mediator(s) to whom you report. You are also required to provide this same information, if a dispute cannot be resolved in the context of a prior complaint directly lodged with your services.
The name and contact details of the consumer mediator(s) to whom you report must be written in a visible and legible manner:
on your website, if you have such support,
on your general conditions of sale or service,
on your order forms,
by any other appropriate means, in the absence of such supports.
You must also mention the website address of the mediator(s), in order to allow easy access for the consumer to the mediation system of the latter(ies).
Finally, when concluding a written contract, you must inform the consumer of the possibility of resorting, in the event of a dispute, to a consumer mediation procedure.
Do not forget that, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, if you sell online, you must indicate, on your site Internet :
the electronic link to the online dispute resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR. This link must be easily accessible to consumers.
Your email address.
In accordance with article L641-1 of the Consumer Code, any failure to comply with these information obligations is punishable by an administrative fine, the amount of which cannot exceed 3,000 euros for a natural person and 15,000 euros for a legal entity. .
Find out more: https://www.economie.gouv.fr/mediation-conso/vous-etes-professionnel
The list of consumer mediators referenced by the CECMC can be consulted on the website of the Ministry of the Economy at the following address: https://www.economie.gouv.fr/mediation-conso
Attention !
You cannot choose, without these prior contacts, a mediator from the list published on the website: mediation-conso for the sole reason that this mediator would intervene in your professional sector. https://www.economie.gouv.fr/mediation-conso
15. Completeness
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the voucher or reservation request express the entirety of the obligations of the parties. No general or specific conditions communicated by the customer can be integrated into these general conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or reservation request (including the special conditions of the reserved rate) 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 to the obligation in question. These general conditions of internet sale may be modified and/or supplemented at any time by the establishment. In this case, the new version of the general conditions of sale via internet will be put online by the establishment. As soon as it is posted online, the new version of the general conditions of sale via internet will automatically apply to all customers.
