GENERAL TERMS AND CONDITIONS OF SALE AND USE
Article 1 - Definitions
We will refer to this as:
- Site' or 'service': the site https://www.pont-roche.com/ and all its pages.
- Services': all the services and accommodation services that can be booked on the site.
- Publisher' or 'Owner': The person, moral or physical, owner of the proposed accommodations and responsible for the edition and the content of the site.
- User': The Internet user visiting and using the site.
- Client': The Internet user making a reservation on the site.
Article 2 - Information required by the law of confidence in the digital economy and purpose of the site
The present site is edited by Frederic Dansert Auto Entreprise.the legal information concerning the host and the editor of the site, in particular the coordinates and the possible information of capital and registration, are provided in the legal mentions of the present site.the information concerning the collection and the treatment of the personal data (policy and declaration) are provided in the charter of personal data of the site.The site is freely accessible to all Internet users and allows them to consult the accommodation offers and to request the reservation of one or more accommodations. The reservation of an accommodation or, more generally, browsing the site implies the acceptance by the Internet user of the entirety of the present general conditions, which the user acknowledges having fully understood. This acceptance may consist, for example, for the Internet user, in checking the box corresponding to the sentence of acceptance of these general conditions, having for example the mention "I acknowledge having read and accepted all the general conditions of the site. ". The fact of ticking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user. Acceptance of these general conditions assumes that the user has the legal capacity to do so. If the user is a minor or does not have this legal capacity, he/she declares that he/she has the authorization of a tutor, curator or legal representative.The Internet user recognizes the value of proof of the automatic recording systems of the editor of the present site and, unless he/she can prove otherwise, he/she waives the right to contest them in the event of a dispute.
Article 3 - Characteristics of the accommodation services offered
The services and accommodation offered are those listed on the pages of the site. The accommodation is offered within the limits of available places. Each accommodation is accompanied on the site by a description drawn up by the owner. The photographs of the accommodation offered reflect a faithful image of the accommodation but are not contractual insofar as they cannot ensure a perfect similarity with reality. The assistance service of this site is accessible by e-mail at the following address: firstname.lastname@example.org or by mail at the address indicated in the legal notice, in which case the owner undertakes to provide an answer within 7 days. Frederic Dansert also provides users of the site and its customers with a telephone assistance to answer their questions. The hotline can be contacted by phone at 06 23 02 39 81 (price of a local call).
Article 4 - Rates
The prices of the accommodation shown on the site are in Euros, net to pay (VAT not applicable, according to article 293 B of the CGI), excluding any tourist tax.
Frederic Dansert reserves the right to pass on any change in the VAT rate to the price of the accommodation. The owner also reserves the right to modify its prices at any time. Nevertheless the price appearing on the site the day of the order will be the only one applicable to the buyer.
Clients booking accommodation must pay a tourist tax, set by deliberation of the municipal council concerned by the accommodation booked, if they are not domiciled in the municipality and do not own a residence for which they would be liable to pay council tax. This tourist tax, if not explicitly added to the price of the accommodation and paid at the time of booking, may be applied and requested at the end of the stay. In any case, it will be detailed to the client, if applicable, on the invoice that will be given to him.
Article 5 - Duration of the stay
The client who signs this contract concluded for a fixed period may not under any circumstances claim any right to remain in the premises at the end of his stay.
Article 6 - Exemption from the publisher's liability in connection with the execution of this contract
In case of impossibility of access to the site, due to technical problems or of any nature, the user will not be able to claim any damage or compensation. The unavailability, even prolonged and without any limitative duration, of one or several services offered by the site cannot be constitutive of a prejudice for the Internet users and cannot in any way give rise to the granting of damages on behalf of the editor of the site. The photographs of the accommodation and services presented on the site are not contractual in nature, and the publisher of this site cannot be held responsible if the characteristics of the accommodation differ from the visuals on the site or if the latter are incorrect or incomplete. The hypertext links present on the present site may refer to other Internet sites and the responsibility of the editor of the present site cannot be engaged if the content of these sites contravenes the legislation in force. Similarly, the responsibility of the publisher of this site cannot be engaged if the visit, by the Internet user, of one of these sites, would cause him a prejudice.
Article 7 - Intellectual property rights relating to the elements published on this site
All the elements of this site belong to the editor or to a third party agent, or are used by the editor on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is rigorously prohibited and is similar to counterfeiting.
Article 8 - Marks
The trademarks and logos contained in the site are registered by Frederic Dansert, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions provided for in articles L.713-2 and following of the Code of intellectual property.
Article 9 - Limitation of liability
The site editor, especially in the process of online booking, is bound only by an obligation of means; its responsibility can not be held liable for any damage resulting from the use of the Internet such as data loss, intrusion, viruses, disruption of service, or others. The publisher of the site, Frederic Dansert, can not be held responsible for the non-performance of the contract due to the occurrence of an event of force majeure. The user expressly admits using the site at his own risk and under his exclusive responsibility. The site provides the user with information as an indication, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Frederic Dansert can not be held responsible for :- any direct or indirect damage, including loss of profits, loss of earnings, loss of customers, data that may among other things result from the use of the site, or on the contrary the impossibility of its use;- a malfunction, unavailability of access, misuse, poor configuration of the user's computer, or the use of a browser little used by the user;- the content of advertisements and other links or external sources accessible by the user from the site.
Article 10 - Access to the site
The responsibility of the publisher of the site cannot be engaged because of a technical unavailability of the connection, whether it is due in particular to a case of force majeure, to a maintenance, to an update, to a modification of the site, to an intervention of the host, to an internal or external strike, to a network failure, to a power supply cut, or to a bad configuration or use of the user's computer.
Article 11 - Applicable law and mediation
The present general conditions are subject to the application of French law. They may be modified at any time by the site editor or his representative. The general conditions applicable to the user are those in force on the day of his reservation or his connection to the present site. The publisher undertakes to keep all its former general conditions and to send them to any user who requests them. Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions could, before any legal action, be submitted to the appreciation of the publisher of the site in view of an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal concerned.
Consumer mediation: According to Article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system. As such, Frederic Dansert Auto Entreprise proposes to its private customers, in the context of disputes that have not been resolved amicably, the mediation of the MEDIATEUR DE LA CONSOMMATION AGREE - DEVIGNY MEDIATION, whose coordinates are as follows
- Name of the mediator : DEVIGNY MEDIATION
- Address: 9 avenue René GASNIER, D01 - 49100 ANGERS
- Website : https://www.devignymediation.fr
- Email address : email@example.com
It is reminded that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.
A "Cookie" allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use "Cookies" mainly to 1) obtain navigation statistics in order to improve the user's experience, and 2) allow access to content that is not accessible without memory of the user's actions (particularly in the reservation process). The user acknowledges that he/she is aware of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the case of legal requisition. The user can refuse the registration of "cookies" or configure his browser to be warned before accepting "cookies". To do this, the user must set the parameters of his browser:
- For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari: https://support.apple.com/fr-fr/ht1677
- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 13 - Booking process and conclusion of the booking contract
Below, we will define as a "Basket" the immaterial object grouping together all the services selected by the user of the site with a view to a reservation. Once the user considers that he has selected and added to his basket all the services he wishes to book, he will be able to validate his booking. He will then be redirected to a summary page where he will be informed of the number and characteristics of the nights booked, as well as their unit price. If he/she wishes to validate his/her order, the Internet user must tick the box relating to the ratification of the present general conditions and click on the validation button. The Internet user will then be redirected to a page where he/she will have to fill in the reservation form fields. In the latter case, he/she will have to fill in a certain number of personal data concerning him/her, which are necessary for the proper processing of the reservation. The user will then be able to confirm the booking with the site, and the user will be given the payment instructions to complete the booking, with the payment methods listed in the section of these general conditions relating to payments. The user is requested to pay the total amount of the price of the booked nights within a maximum period of time (but more quickly in the case of a booking made with less notice). Once this payment has been received, the booking becomes firm and this contract is concluded. By this payment the client confirms his full agreement with the present general conditions. It is reminded that without the payment within the time limit, the reservation is not confirmed and, consequently, the owner reserves the right to recover the requested accommodation. Once the reservation is effective, the user will receive an e-mail or postal confirmation of the reservation, reminding him/her of the content of the reservation and the services requested, and the price of these. Any additional services not mentioned in the present contract will be paid by the client to the owner, at the latest at the end of the stay.
Article 14 - Information concerning the payment of the reservation
The Internet user can place an order on the present site and can make his payment, at the time of the reservation or before the arrival at the accommodation, by credit card. Once at the accommodation, the following means of payment are accepted: cheque or cash. Payments by credit card via the site are made by means of secure transactions provided by an online payment platform provider. This site does not have access to any data relating to the user's means of payment. The payment is made directly to the bank or payment provider receiving the customer's payment.
Article 15 - Conditions of cancellation of the reservation
Cancellation by the client: Any cancellation must be notified to the owner, as soon as possible, by e-mail or post, fax or telephone. In accordance with article L.221-28 of the Consumer Code, the reservation of accommodation services is excluded from the right of withdrawal for contracts concluded at a distance. The owner of the accommodation does however offer refund facilities in the event of cancellation or no-show, as follows:
- For any stay cancelled as soon as the reservation is made, we will retain the equivalent of 20 % of the stay.
- Between 30 and 15 days before the stay, 50 % of the amount will be retained.
- Between 15 and 7 days before the stay, 75 % of the amount will be retained.
- For any stay cancelled within 7 days before the date of arrival, interrupted or not consumed for any reason whatsoever, the total amount of the stay booked will be due or will be retained by the Domaine Pont-Roche and SPA.
In the event of a shortened stay, the price corresponding to the cost of the accommodation remains entirely with the owner. Any additional services not consumed will be refunded. Cancellation by the owner of the accommodation: If before the beginning of the stay the owner wishes to cancel the reservation, the client will be informed as soon as possible by e-mail or post, fax or telephone. The client, without prejudice to any recourse for damages, will be reimbursed immediately for all sums paid at the time of the reservation or subsequently and relating to this reservation (possible deposits, advances, etc.).
Article 16 - Conditions of stay, rules of life and respect for the premises
Arrival and departure times are posted on the site, and the client must respect them. The client must arrive on the day mentioned on the booking confirmation received. In case of late or delayed arrival, the client must inform the owner. Use of the accommodation: The client must respect the peaceful nature of the premises (accommodation and environment) and use them in accordance with their purpose. The client commits himself to return the accommodation in good condition. Capacity: The accommodation offers presented on the site are for a precise or maximum number of people. If the number of guests exceeds the number indicated in the description of the accommodation or in the order confirmation, the owner is entitled to refuse the additional guests or to ask for the payment of an additional sum. This refusal can in no way be considered as a modification or a breach of contract on the owner's initiative, so that in case of departure of a number of guests higher than those refused, no refund can be considered. Pets: Unless otherwise specified in the descriptions of the proposed accommodation, pets are not accepted in the accommodation, and the stay of these animals will be refused by the owner. In case of refusal of the owner to welcome certain animals on the premises of the accommodation, this refusal can in no case be considered as a modification or a breach of contract at the initiative of the owner, so that in case of departure of the customer, no refund can be considered.
Article 17 - Archiving
Frederic Dansert will archive the order forms and invoices on a reliable and durable support constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 18 - Framework for conditions
If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The terms and conditions are not assignable, transferable or sublicensable by the user himself.
A printed version of the Terms and Conditions and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions shall be in the French language.
Article 19 - Notifications
Any notification or notice regarding these terms and conditions, legal notices or the personal data charter must be in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognized courier service that allows regular tracking of packages, or by email to the addresses indicated in the legal notices of the site, specifying your full name, contact information and the subject of the notice.
Article 20 - Complaints
Article 21 - Misstatements
It is possible that the website and the services offered may contain inaccuracies or errors, or information that is not in accordance with the general terms and conditions, the legal notice or the personal data charter. In addition, it is possible that unauthorized changes are made by third parties on the site or on related services (social networks ...). We make every effort to ensure that such deviations are corrected. In the event that such a situation should escape us, please contact us by post or by e-mail at the addresses indicated in the legal notice of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For copyright-related inquiries, please refer to the section on intellectual property.
All rights reserved - 03 September 2018