General Terms and Conditions of Sale
1. Purpose
These general terms and conditions define the rights and obligations of the parties within the framework 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 general terms and conditions of sale and the terms and conditions of sale for the reserved rate, accessible on our booking platform. These general terms and conditions of sale apply to all bookings made online via our booking platform.
2. Booking
The client selects the services presented on our booking platform. They acknowledge having read the nature, purpose, and booking procedures for the services available on our booking platform and having requested and obtained the necessary and/or additional information to make their booking with full knowledge of the facts. The client is solely responsible for their choice of services and their suitability for their needs, and therefore, we cannot be held liable in this regard. The reservation is considered 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. The reservation is considered confirmed upon receipt of the booking form. Prior to making any reservation, the customer agrees to complete the information requested 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 procedure 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 terms and conditions of the selected rate before confirming the reservation, and finally, confirming the reservation by the customer.
4. Booking Confirmation
We acknowledge receipt of the customer's reservation by sending an email without delay. In the case of online bookings, the booking confirmation email summarizes the contract offer, the services booked, the prices, the terms and conditions of sale applicable 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
Customers are reminded, in accordance with Article L. 221-28 12° of the French Consumer Code, that they do not have the right of withdrawal provided for in Article L. 121-21 of the French Consumer Code. The terms and conditions of sale for the booked rate specify the cancellation and/or modification procedures. Bookings with prepayment cannot be modified or cancelled. The deposit paid in advance is non-refundable.
In this case, it is mentioned in the terms and conditions of the rate. When the terms and conditions of the reserved rate allow, the reservation can be cancelled directly with the establishment, whose telephone number is provided on the booking confirmation sent by email. All reservations are non-transferable and cannot be assigned to a third party under any circumstances, whether free of charge or for payment.
6. Use of Services
In accordance with regulations in force in certain countries, the client may be asked to complete a police registration form upon arrival. To this end, the client will be asked to present identification to verify whether or not they are required to complete the registration form. Any behavior contrary to public decency and order will result in the establishment asking the client to leave the premises without any compensation or refund, even if payment has already been made. For establishments with internal regulations, the client accepts and agrees to abide by said regulations. In the event of a client's failure to comply with any of the provisions of the Internal Regulations, the establishment will be obliged to ask the client to leave the premises without any compensation or refund, even if payment has already been made.
7. Liability
The establishment cannot be held liable for the non-performance or improper performance of the reservation 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 reservation 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
Complaints relating to the non-performance or improper performance of the reserved services must, under penalty of forfeiture, be brought to our attention in writing within fourteen days of the departure date from the establishment.
9. Prices
The prices for the reservation of services are indicated before and during the reservation 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 to the establishment in a currency other than the one confirmed on the booking, the exchange fees are the responsibility of the customer. All bookings, 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 on-site. Prices include VAT applicable on the day 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 client provides their bank details as a guarantee of 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 client 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. Privacy Policy
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 Privacy Policy. This applies particularly to online payments.
12. Agreement on Evidence
The entry of the required bank details, as well as acceptance of 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 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 their IP address is recorded at the time of booking.
13. Force Majeure
Force majeure is defined as any event beyond the control of the parties that is both unforeseeable and insurmountable, preventing either the customer or the establishment from fulfilling all or part of their contractual obligations. Events of force majeure or fortuitous events are those typically recognized by French courts and tribunals. Neither party shall be held liable to the other for any failure to perform its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends the performance of the parties' reciprocal obligations, and 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 where the establishment is located, without prejudice to any mandatory consumer protection provisions that may apply in the consumer's country of residence.
15. Entire Agreement
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 future customers.
16. Consumer Mediation – Article L612-1 of the French Consumer Code
In the event of a dispute relating to this rental, the customer must first contact us: Gîtes aux Cœurs Joyeux, 24 rue La Chassagne, 87600 Videix, France, email: contact@gitesauxcoeursjoyeux.com, telephone: +33 60 145 02 67, in order to seek an amicable solution.
If no solution is found within 60 days, the customer can contact our consumer mediator free of charge: CM2C, 49 rue de Ponthieu, 75008 Videix, www.cm2c.net, telephone: +33 1 89 47 00 14.
Mediation is not possible if: the request is unfounded, has already been examined by another mediator or a court, is filed more than one year after the written complaint was sent to the landlord, or is outside the mediator's jurisdiction.