I GENERAL CONDITIONS OF SALE ELLOHA HAUTE-VIENNE
II SPECIAL CONDITIONS OF SALE - INTERNAL RULES
I 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 the remote reservation of 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 .
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 .
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 . 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:
- more than 30 days before the planned date of entry into the premises: 0%
- 30 to 20 days before the planned date of entry into the premises: 30% of the reservation amount.
- from 7 p.m. to 3 days before the planned date of entry into the premises: 50% of the reservation amount.
- less than 2 days before the planned date of entry into the premises: 100% of the reservation amount.
If the tenant does not appear in the24 hours following the arrival date indicated on the contract, this contract becomes void and the owner can 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 reservation except under special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club... depending on the possibilities offered by the reservation platform of the establishment) 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 consumption of 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 for 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. Dispute resolution
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.
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.
II SPECIAL CONDITIONS OF SALE - INTERNAL RULES
To facilitate your stay, we provide you with our internal regulations. It allows you to have a point of reference in case of difficulty during your stay. Signing the rental contract commits you to the general and specific rental conditions, and to the internal regulations of the Gîte ""La Chevêche"".
Article 1 – Arrival/Departure:
It is recommended that tenants inform of their arrival time (this being expected between 5 p.m. and 9 p.m.) as early as possible. The tenant must arrive on the specified day and at the times mentioned in the rental contract. In the event of late or delayed arrival, the customer must notify the owner by telephone at 06.26.61.08.21. You are also asked to respect the departure time stipulated at 10 a.m. maximum in the rental contract.
Article 2 – Ecological responsibility:
As the cottage is in a preserved location, we invite you to respect these good ecological practices:
- No paper or waste of any kind may be left in the forest or around the gîte.
- Please limit your consumption of non-environmentally friendly cleaning or personal hygiene products.
- Please respect the selective sorting provisions for your household waste. If you have any questions, do not hesitate to contact the owner.
Article 3 – Fireplace and Barbecue:
It is absolutely forbidden to light an open fire anywhere on the property or in the surrounding area.
If the interior fireplace is used, cleaning must be carried out by the tenant before departure.
Under no circumstances will the tenant be able to take wood from the forest to burn it in the fireplaces or on the barbecue:
- Provision of wood for fireplace (basket package: €15.00).
- Sale of quality charcoal (€15.00 per bag).
A barbecue is available for use in the garden. No wild barbecues will be authorized outside the areas reserved for this purpose. It is prohibited to use the barbecue indoors (house and garage). The barbecue grill and utensils must be cleaned after use.
Article 4 – Stay/rules regarding noise:
Rest and tranquility are priorities. Do not do anything which, through your own doing or that of your family or your relations, could harm the tranquility of the neighborhood, avoiding excessive noise or any other nuisance, particularly in the evening. Parents will encourage their children not to be too turbulent in their games, so as not to disturb the tranquility of the neighborhood. Silence must be required between 11 p.m. and 8 a.m.
Article 5 – Various precautions:
All amenities are at your disposal, you are asked to use them as best as possible, ensuring normal operation and reasonable consumption.
Caution danger for installation: Apart from toilet paper, nothing else should be thrown into the toilet bowl. Only use products compatible with a septic tank.
Article 6 – Development:
It has been designed for optimum use for the duration and quality of reception, so bedding, furniture and various objects must not be transported outside the accommodation, nor even moved to another room.
Article 7 – Breakage:
If applicable, report this during your stay. Immediately inform the owner of any loss or damage occurring in the rented premises, even if no apparent damage results. In the event of loss or damage to an element of the gîte caused by the tenant, the amount of the deposit will be reduced by the cost of repair or replacement costs upon presentation of supporting documents by the owner, within a maximum period of two months.
Article 8 – Deposit:
The deposit must be given by bank check at the time of booking or upon arrival. This will be returned to you within 14 days after checking the condition of the rented property (interior and exterior). We strongly invite you to let us know of any damage, breakage, or loss upon your departure.
The amount of the deposit is €500 (five hundred euros) for all stays.
Article 9 – Cancellation conditions: In the event of cancellation of your reservation, a flat rate ranging from 0% to 100% of the reservation amount will be due according to the following terms:
Cancellation occurs within a period of time:
- 24 hours before the day of arrival, the amount due is 100% of the reservation amount;
- from 2 to 19 days before the day of arrival, the amount due is 50% of the reservation amount;
- 20 to 30 days before the day of arrival, the amount due is 30% of the reservation amount;
- Beyond 30 days no fees will be applied.
In case of no-show on the day of arrival, 100% of the reservation amount will be due.
Article 10 – Household :
Cleaning is obligatory at the end of the stay by the tenant. He understands :
- tidying up the rooms, tidying up the bedrooms, tidying up the garden (furniture, games, barbecue), tidying up the dishes.
- Cleaning the floors (vacuuming and mopping), cleaning the stove, cleaning the toilets, shower and sinks.
The vacuum cleaner has two brushes, one for parquet and one for tiles. It is mandatory to use the appropriate brush when cleaning.
It is prohibited to use a detergent product that is unsuitable for the surfaces being cleaned. Particularly for the flooring upstairs. A simple cleaning with a damp mop is sufficient.
In the event of non-compliance with this article, cleaning fees will be applied ranging from 80 euros for a minor defect up to the cost of a cleaning company upon presentation of the invoice by the owner for a major defect.
Article 11 – Responsibilities
Users are financially responsible for any damage they may cause through their actions. They are responsible for all incidents or accidents that may occur to them or third parties due to their failure to comply with these regulations or inappropriate behavior.
They must comply with the general conditions of sale.
Article 12 – Parking: Vehicles must be parked in the locations provided for this purpose and under no circumstances will they be parked along the public road or in front of neighboring properties. The maximum capacity of vehicles parked (family car type) in the courtyard of the gîte is 2 and one vehicle (car type) in the garage. Parking in grassy areas is prohibited. Dedicated parking is available on request if the number of vehicles is greater than 3.
Motorcycle type vehicles can be parked in the garage.
Article 13 – Keys: The entrance door to the gîte is fitted with a key lock. When leaving the gîte, you are required to close the premises. In the event of non-compliance with this article, you are responsible for all theft, damage and other material damage which will be subject to billing. For all items belonging to residents, you will be required to make your own declaration to your insurance and the gîte declines all responsibility.
Article 14 – Household waste: The gîte is subject to selective sorting. For this purpose, trash cans are made available:
- A glass container
- A container for cardboard/plastic/metal/paper type packaging
- A household waste bin and sanitary/bathroom bins
- A compost bucket
During your stay and at least upon your departure, household waste and waste from the compost bucket must be emptied into the container and composter provided for this purpose.
Your hosts will be responsible for taking the other sorting items (glass – cardboard/plastic/metal/paper) to the collection points. You must report when your container is full during your stay.
Article 15 – Water, electricity, gas and heating :
Any excessive consumption will be charged. Energy is precious, let's save it.
The supply of water is included in the rental price,
The supply of electricity is included in the rental price under the following conditions:
- in winter (outside temperature below 20°C requiring heating): daily consumption of 25 Kwc is included,
- during the summer period (outside temperature above 20°C not requiring heating): a daily consumption of 10 Kwc is included.
Any excess of the daily consumption included in the rental price will be billed in reality at the end of the stay according to the current rate of kwc including tax.
Readings will be taken using the linky meter.
The owners provide and ensure the replacement of the gas bottle which supplies the gas stove plates, The tenants are required to notify the owners when the bottle is empty and not to carry out the replacement themselves,
The main heating is provided by electric radiators. The details of the electricity consumption are provided above.
The stove in the living room serves as an amenity. Its diet and use is described in article 3.
Article 16 – Household and bathroom linens:
Hand and kitchen towels, tablecloth, kitchen potholders and shower mat are provided upon arrival for the duration of your stay.
On request, a linen package is available. At a rate of 20 euros per stay it includes: beds made on arrival and towels/washcloths.
Article 17 – Instructions for Smokers:
Smoking is strictly prohibited inside the gîte (house and garage). Any violation of this article will be punished by exclusion from the gîte. The costs associated with cleaning by a company will be invoiced. Furthermore, ashtrays are available to you outside (pot and sand). It is strictly forbidden to throw cigarette butts directly on the ground in the garden, courtyard or around the gîte.
Article 18 – Pets:
Pets are accepted under certain conditions:
- Animals are prohibited on the upper floor of the gîte (staircase, bedrooms, toilets, bathroom, corridors).
- The needs must be done outside or in a litter box provided for this purpose. (Not provided)
- The armchairs, sofas and chairs on the ground floor are prohibited for animals.
- Animals should not be left alone in the house or garden.
- Droppings in the garden must be collected, as well as around the gîte (immediate proximity, nearby roads and paths).
- Animals must not disturb the peace of the neighborhood.
Damage caused by your animals is your responsibility. For any incident involving furniture or equipment, the cost of replacing the item will be due.
In case of absence, it is possible to leave your animal in the garage ONLY, preferably in a cage (vari kennel type) made available for this purpose on request. In your absence, your animal must not:
- Excessive barking/meowing.
- Digging, damaging, scratching walls, furniture, equipment and doors (if he is not in a cage).
- Doing your business in the garage.
Your animal is under your responsibility and must not wander in public spaces or in the private parts of the gîte.
The owners cannot be held responsible for any escape or incident caused to your animal or a third party.
Article 19 – Paddock for horses
The provision of a paddock for horses is possible for a maximum of 6 horses:
- at the rate of 5 euros per day and per horse
He understands :
- Access to a grassy paddock with natural shelter and electric fence.
- Access to a storage room for equipment (saddle, net, bag).
- Water and hay (on request if necessary).
In addition, a daily cereal ration of 2 L can be provided at a rate of 3 euros per day per horse.
The cereals provided will only be a flaked mixture for horses with regular activity.
Horses must be dewormed and vaccinated (flu, tetanus and rhinopneumonia). The vaccination record must be sent when booking.
Horses must be respectful of fences and used to life outdoors and in a herd. Your horse is your responsibility.
The owners will not be held responsible for any runaway or incident caused to your animal or a third party.
Article 20 – Prohibited areas:
The cellar inside the gîte is prohibited.
Access to sheds, buildings, barns, vegetable gardens, fields and all other areas not part of the rented gîte is strictly prohibited. Furthermore, it is strictly forbidden to climb on agricultural equipment or vehicles (tractors, mowers, cars, trailers, etc.) or to enter the enclosures of farm animals.
Article 21 – Additional people:
The gîte is made available to you for a number of tenants defined in the contract. The maximum accommodation capacity of the gîte is 6 people. People who are not registered on the rental contract cannot under any circumstances stay on the estate in any form (mattress, tents, cars, campervans, etc.). Violation of this article will immediately result in the expulsion of the persons concerned. All tenants must pay tourist tax.
Article 22 – Internet access and television
Wi-Fi internet access is offered free of charge to the tenant inside the gîte.
The owner cannot be held liable in the event of:
– Incompatibility or malfunction linked to the equipment used by the tenant,
– Disturbances or interruptions,
– Force majeure within the meaning of the case law of the French Court of Cassation, taking into account the above.
A password will be communicated on the day of arrival at the premises.
The tenant is prohibited, during his stay, from transmitting on the Internet any prohibited, illicit, illegal data, contrary to good morals or public order and infringing or likely to infringe the rights of third parties and in particular the intellectual, literary or artistic property rights.
The tenant is also prohibited from consulting, directly or indirectly, any content available on the Internet that could be harmful to minors.
The tenant is solely responsible for any direct or indirect, material or immaterial damage caused to third parties due to his own use of the aforementioned Internet service.
Access to free television channels is from the internet box. No purchases of any kind (TV channel, video on demand, etc.) must be made from the internet box.
Any action not respecting the rules above may be subject to prosecution or invoicing.
Article 23 – Inventory of entry and exit:
An inventory sheet is available in the reception binder. Each tenant must read it upon arrival and report any defect within 24 hours of handing over the keys.
To facilitate inventory, this is carried out by piece. A photo report is also available to visualize the furniture and storage by room and by cupboard/drawer. Tenants must respect this organization and storage.
When the tenant leaves, the owner has 14 days to note any shortages, destruction or deterioration that was not reported by the tenant on arrival or during their stay. The owner will then demand compensation for the damage according to the conditions provided for in the preceding articles.
Article 24 – Signing the contract :
Signing the rental contract validates knowledge of the internal regulations and general rental conditions. No price negotiation will be possible after signature. Failure to comply with safety instructions, contractual commitments and internal regulations entitles the owners of the gite to an immediate termination of the rental without reimbursement as stipulated in the general rental conditions.