1. Purpose
These terms and conditions define the rights and obligations of the parties in the context of remote booking of services offered by our establishment, whose contact details are specified in this booking confirmation document. They govern all the steps necessary for booking and managing the booking between the contracting parties. The client acknowledges having read and accepted these terms and conditions of sale and the terms and conditions of sale for the reserved rate, accessible on our booking platform. These terms and conditions of sale apply to all bookings made online via our booking platform.
2. Reservation
The customer selects the services presented on our booking platform. They acknowledge having reviewed the nature, purpose, and booking terms of the services available on our platform and having requested and obtained all necessary and/or additional information to make their booking with full knowledge of the facts. The customer is solely responsible for their choice of services and their suitability for their needs; therefore, we cannot be held liable in this regard. The booking is deemed accepted by the customer upon completion of the booking process.
3. Booking Process
Reservations made by the customer are processed via the online booking form accessible on our booking platform. The reservation is considered confirmed upon receipt of the booking form. Prior to making any reservation, the customer agrees to complete all required information on the booking form or request. The customer attests to the truthfulness and accuracy of the information provided. After the final selection of services to be booked, the booking process includes, in particular, entering credit card details if a guarantee or prepayment is required, reviewing and accepting the general terms and conditions of sale and the specific terms and conditions of the selected rate before confirming the reservation, and finally, the customer's confirmation of the reservation.
4. Booking confirmation
Our booking platform acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online bookings, the email confirmation summarizes the contract offer, the services booked, the prices, the terms and conditions of sale related to the selected rate and accepted by the customer, the booking date, after-sales service information, and the address of the seller's establishment where the customer can submit complaints.
5. Cancellation or modification by the customer
In accordance with Article L. 121-21-8 12° of the Consumer Code, the customer is informed that he does not benefit from the right of withdrawal provided for in Article L. 121-21 of the same code.
The terms and conditions of sale for the reserved rate specify the terms and conditions for cancellation and/or modification of the reservation.
Pre-paid reservations cannot be modified or cancelled.
The sums paid in advance, as a deposit, are in no case refundable, except as expressly provided otherwise in the terms and conditions of sale of the reserved rate.
For your information, the following cancellation conditions apply exclusively to bookings made directly with the establishment:
– Any reservation cancelled more than one (1) month before the arrival date will result in a full refund.
– For cancellations made between thirty (30) and fifteen (15) days before the arrival date, a refund of fifty percent (50%) of the sums paid will be made.
– For any cancellation less than fifteen (15) days before the arrival date, no refund will be given.
The cancellation and modification conditions applicable to bookings made through the BOOKING platform are specific to that platform and may differ from those applied to direct bookings. These conditions can be viewed during the booking process on the BOOKING website and are binding on the customer.
Any request to cancel or modify the reservation must be made directly to the property. Their contact details are included in the booking confirmation sent by email.
All reservations are nominative and cannot under any circumstances be transferred to a third party, whether free of charge or for payment.
6. Consumption of the service
In accordance with regulations in force in certain countries, the client may be asked to fill out a police form upon arrival. To this end, the customer will be asked to present identification to verify whether or not they need to complete a police registration form. Any behavior contrary to public decency and order will lead the establishment to ask the customer to leave the premises without any compensation or refund, even if payment has already been made. For establishments with internal regulations, the customer accepts and agrees to abide by said regulations. In the event of a customer's failure to comply with any provision of the internal regulations, the establishment will be obliged to ask the customer to leave the premises without any compensation or refund, even if payment has already been made.
7. Responsibility
The photographs displayed on our booking platform are not contractual. While every effort is made to ensure that the photographs, graphic representations, and texts used to illustrate the establishments presented provide as accurate a view as possible of the services offered, variations may occur between the time of booking and the day the service is used. The establishment cannot be held liable for the non-execution or improper execution of the booking in cases of force majeure, actions of third parties, or actions of the client, including but not limited to internet network unavailability, inability to access the website, external intrusion, computer viruses, or in the event of unauthorized prepayment by the cardholder's bank. Any booking or payment that is irregular, invalid, incomplete, or fraudulent for a reason attributable to the client will result in the cancellation of the order at the client's expense, without prejudice to any civil or criminal action against the client.
8. Complaints
Claims relating to the non-performance or poor performance of the services booked must, under penalty of forfeiture, be brought to our attention in writing within eight days after the date of departure from the establishment.
9. Price
The prices for booking services are displayed before and during the booking process. Prices are confirmed to the customer inclusive of all taxes, in the establishment's local currency, and are valid only for the period indicated on the booking platform. If payment is made at the establishment in a currency other than the one confirmed on the booking, the customer will be responsible for any exchange fees. All reservations, regardless of origin, are payable in the establishment's local currency, unless otherwise specified on-site. Unless otherwise stated on the booking platform, additional services are not included in the price. Any applicable taxes (local taxes, tourist taxes, etc.), shown on the rates page, are payable directly to the establishment upon arrival. Prices include VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the prices shown on the invoice date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will also be automatically reflected in the prices shown on the invoice date.
10. Payment
The customer provides their bank details as a guarantee for the reservation, except in the case of special conditions or rates, by credit or debit card (Visa, Mastercard, American Express, Diners Club, etc., depending on the options offered by the establishment's booking platform). The card number, without spaces between the digits, as well as its expiry date (it is specified that the bank card used must be valid at the time of service) and the security code, must be entered directly in the designated area (secure entry via SSL encryption). The customer must present the bank card used to guarantee the reservation upon arrival at the establishment. Payment is debited at the establishment during the stay, except in the case of special conditions or rates where partial or full payment is debited at the time of booking. This prepayment is considered a deposit. In the event of a no-show (reservation not cancelled – customer not present) for a reservation guaranteed by credit card, the establishment will charge the customer, as a fixed penalty, the amount indicated in its general and specific terms and conditions of sale. The establishment has chosen elloha.com/stripe.com to secure online credit card payments. The validity of the customer's payment card is verified by stripe.com. A payment card may be declined for several reasons: stolen card, blocked card, spending limit reached, incorrect entry, etc. In case of a problem, the customer should contact their bank and the establishment to confirm their reservation and payment method. For rates requiring online prepayment, the advance payment, which constitutes the deposit, is debited at the time of booking. Some establishments may generate invoices/receipts electronically; the original file is certified and available online at the web address provided by the establishment.
11. Respect for privacy
On each personal data collection form, the customer is informed whether responses are mandatory or optional by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners, and its service providers (including online payment providers). The customer authorizes elloha.com to share their personal data with third parties, provided that such sharing is compatible with the performance of operations incumbent upon elloha.com under these terms and conditions and in accordance with the Customer Personal Data Protection Charter. Specifically, during online payment, the customer's bank details must be transmitted by the payment provider, Stripe.Constellation SAS and Stripe.com transfer data 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 personal data protection as defined by the French Data Protection Act (Loi Informatique et Libertés). However, the customer consents to this transfer, which is necessary for the execution of their reservation. Constellation SAS and Stripe.com, acting in their professional capacity, have committed to the establishment to take all necessary security measures and ensure the confidentiality of data during these data transfers.
12. Convention on Evidence
Entering the required bank details, along with accepting these terms and conditions and the booking confirmation or request, constitutes an electronic signature which, between the parties, has the same legal value as a handwritten signature. The computerized records stored in the elloha.com computer systems will be kept under reasonable security conditions and considered proof of communications, orders, and payments between the parties. The customer is informed that their IP address is recorded at the time of booking.
13. Force majeure
Force majeure means any event external to the parties which is both unforeseeable and insurmountable which prevents either the client or the establishment from fulfilling all or part of the obligations provided for in the contract. Events of force majeure or fortuitous events are those typically recognized by the jurisprudence of French courts and tribunals. Neither party shall be held liable to the other for any failure to perform its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends the performance of the parties' reciprocal obligations and that each party shall bear its own costs arising therefrom.
14. Dispute Resolution
These General Terms and Conditions of Sale are governed by the law of the country of establishment without prejudice to any mandatory protective provisions that may apply in the country of residence of the consumers.
15. Completeness
These General Terms and Conditions of Sale, the terms and conditions of the rate booked by the customer, and the booking confirmation or request constitute the entire agreement between the parties. No general or specific terms and conditions communicated by the customer may be incorporated into these General Terms and Conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the booking confirmation or request (including the specific terms and conditions of the reserved rate) and these General Terms and Conditions. In the event of any conflict between the booking confirmation and the General Terms and Conditions, the provisions of the booking confirmation shall prevail with respect to the obligation in question. These General Terms and Conditions of Sale may be modified and/or supplemented by the establishment at any time. In such cases, the new version of the General Terms and Conditions of Sale will be published online by the establishment. As soon as it is published online, the new version of the general terms and conditions of online sale will automatically apply to all customers.