1. Object
These general conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by 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 follow-up 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 booking platform. He acknowledges having read the nature, destination and booking methods of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make his booking in full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability for his needs, so that our liability cannot be sought in this regard. The reservation is deemed accepted by the customer at the end of the reservation process.
3. Booking process
Reservations made by the customer are made via the dematerialized reservation form accessible online on our reservation platform. The reservation is deemed to have been made upon receipt of the reservation voucher.The customer agrees, prior to any reservation, to complete the information requested on the voucher or the 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 particular the entry of the bank card in the event of a request for guarantee or prepayment, consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate. before the validation of the reservation and, finally, the 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 booking, the acknowledgment of receipt of the reservation by e-mail summarizes the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the customer, the date of reservation made, information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit his 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. Reservations with prepayment cannot be modified and/or canceled.The amounts paid in advance that are the deposit will not be refunded. In this case, it is mentioned in the conditions of sale of the tariff. When the conditions of sale of the reserved rate allow it, the cancellation of the reservation can be made directly with the establishment, whose telephone numbers are specified on the confirmation of the reservation sent by e-mail. All reservations are nominative and may under no circumstances be transferred to a third party, whether free of charge or against payment.
6. Consumption of the service
Pursuant to the regulations in force in certain countries, the client may be asked, on arrival, to complete a police form. To do this, the customer will be asked to present an identity document in order to check whether or not he must complete the police form.Any behavior contrary to morality 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 comply with 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 refund if a regulation has already been been carried out.
7. Liability
The photographs presented on our booking platform are not contractual.Even if all the best efforts are made so that the photographs, graphic representations and the 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 the 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 a third party, due to the customer, 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 that is irregular, ineffective, 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 the 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. The 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 booking platform. If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange costs are the responsibility of the customer. All reservations, whatever their origin, are payable in the local currency of the establishment, unless specific provisions are indicated on site.Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.) if applicable, presented on the rates page, are to be paid directly on site with the establishment. The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to VAT will be automatically passed on to the prices indicated on the date of invoicing. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the date of invoicing.
10. Payment
The customer communicates his bank details as a guarantee of the reservation except conditions or special rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club... according to 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 figures, as well as its validity date (it is specified that the bank card used must be valid at time of consumption of the service) and the visual cryptogram. He must present himself to the establishment with the credit card which enabled him to guarantee the reservation. The debit of the payment is made at the establishment during the stay, except in the case of conditions or special rates where the partial or total debit of the payment is made during the reservation. This prepayment is called a deposit.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, by way of 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. There may be a refusal of the payment card for several reasons: stolen card, blocked card, ceiling reached, input error... In the event of a problem, the customer must contact his bank on the one hand, the establishment on the other hand to confirm his reservation and his 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 provided by the establishment.
Invoices must be paid within 10 days of the invoice date. In case of late payment, we will send you a first free reminder. If you do not pay within the payment period stipulated in the first reminder, you will be liable for late payment interest, in accordance with the law of 2 August 2002 relating to the fight against late payment in commercial transactions, and a lump sum indemnity calculated as follows.
- EUR 20 if the balance due is less than or equal to EUR 150;
- EUR 30 plus 10% of the amount due on the portion between EUR 150.01 and EUR 500, if the balance due is between EUR 150.01 and EUR 500;
- EUR 65 plus 5% of the amount due on the portion greater than EUR 500, with a maximum of EUR 2,000, if the balance due is greater than EUR 500.
The charge for formal notice for each additional reminder is EUR 7.50, plus postage applicable at the time of dispatch.
11. Privacy
The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers by the presence of an asterisk. The information processed is intended for the establishments, elloha.com, its entities, its partners, its service providers (and in particular online payment service providers). The customer authorizes elloha.com to communicate his personal data to third parties on the condition that such communication proves to be compatible with the performance 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 bank of the establishment, 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 personal data protection within the meaning of the Data Protection Act. However, the customer agrees to this transfer necessary for the execution of his reservation. Constellation SAS / Stripe.com in their professional capacity, have undertaken vis-à-vis the establishment to take all security and data confidentiality measures for said data transfers.
12. Agreement of proof
The entry of the required banking information, as well as the acceptance of these general conditions and the voucher or the reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records kept in the computer systems of elloha.com. will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that his IP address is registered at the time of booking.
13. Force majeure
Force majeure means any event external to the parties that is both unpredictable and insurmountable and prevents either the client or the establishment from fulfilling all or part of the obligations provided for in the contract. Are considered as cases of force majeure or fortuitous event those usually recognized by the jurisprudence of the French Courts and Tribunals.Each party cannot be held liable to 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 performance of their reciprocal obligations and that each party bears the cost of the resulting costs.
14. Dispute Resolution
These General Conditions of Sale are governed by the law of the country of establishment without obstructing the mandatory protective provisions that may be applicable in the country of residence of the consumers.
15. Entirety
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the voucher or the reservation request express the entirety of the obligations of the parties. No general or specific condition communicated by the customer can be incorporated into these general conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or the reservation request (including the special conditions of the reserved rate) and these general conditions. In the event of a contradiction between the booking form and the general conditions, the provisions appearing on the booking form will be the only ones applicable for the obligation in question. These general conditions of sale by internet may be modified and/or supplemented by the establishment at any time. In this case, the new version of the general conditions of sale by internet will be put online by the establishment. As soon as it is posted on the internet, the new version of the general conditions of sale by internet will automatically apply to all customers.
