The present general conditions lay out the rights and obligations for all parties in the context of distance booking and services offered by our establishment, the contact details which are specified in this reservation confirmation document. It lays out all the steps necessary to a reservation and the follow up of the reservation between the contacting parties. The customer acknowledges having read and accepted these general conditions of sale of the reservation rate available on our booking platform. These present conditions of sale apply to all online reservations made via our online booking platform.
The customer chooses from the services offered on our booking platform. He acknowledges having read the nature, destination and reservation methods of the services available on our booking platform and having requested and obtained the 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 for his needs, and we cannot be held responsible for these choices. The reservation is deemed to have been accepted by the client at the end of the reservation process.
3. The reservation process
The booking made by the customer is via the online dematerialised reservation form accessible via our online booking platform. The reservation is deemed to have been made on receipt of this online form. Prior to any reservation, the customer undertakes to complete the information requested on the voucher or the reservation request. The customer certifies the veracity and accuracy of the information given. After the final choice of the services to be reserved, the reservation procedure notably includes entering bank card details in the event of a deposit or pre-payment request, consulting and accepting the general conditions of sale and the conditions of sale of the rate reserved before validation of the reservation and, finally, validation of the booking by the client.
4. Reservation confirmation
Our booking platform acknowledges receipt of the customer’s reservation by replying via an email immediately. In the case of online booking, the acknowledgment of receipt of the booking by email summarises the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the client, the date of reservation made, the information relating to the after-sales service, as well as the address of the establishment of the seller with which the customer can present his complaints is necessary.
5. Cancellation or modification made by the client
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 as stated in article L. 121-21 of the French Code of Consumption. The conditions of sale of the reserved rate specify the terms of cancellation and / or modification of the reservation. Reservations with prepayment will not be subject to any modification and / or cancellation. Any amount paid in advance as a deposit will not be subject to any refund, as mentioned in the conditions of sale of the reservation rate. When the conditions of sale of the reservation rate allow, the cancellation of the reservation can be made directly with the establishment, whose telephone details are specified on the confirmation of the reservation sent by email. All reservations are nominative and cannot under any circumstances be transferred to a third party, either free of charge or for a fee.
6. Use of the facilities
In accordance with the regulations in force in certain countries, upon arrival, the client may be asked to fill in a police information 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 behaviour contrary to morality and public order will lead the establishment to ask the client to leave the establishment without any compensation and or without any refund if a payment has already been made. For establishments with Internal Regulations, the customer accepts and undertakes to comply with these regulations. In the case 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 settlement has already been done.
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 an overview as exact as possible of the services offered, variations may occur between the time of booking and the day of consumption of the service. The establishment cannot be held responsible for the non-execution or the bad execution of the reservation in the event of force majeure, because of the third party, because of 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 pre-payment 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.
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.
The prices relating to the reservation of the services are indicated before and during the reservation. The prices are confirmed to the client in the amount inclusive of 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 at the charge of the customer. All reservations, whatever their origin, are payable in the local currency of the establishment, except special provisions indicated in situe. Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.), if any, presented on the price page, are to be paid directly on site at 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 reflected in the prices indicated on the invoice date. 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.
The customer communicates his bank details as a guarantee of the reservation except special conditions or rates, by credit or private bank card (Visa, MasterCard, American Express, ...) according to the possibilities offered by the booking platform of the establishment) by directly indicating, in the zone provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the digits, 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. The customer must present himself at the establishment with the bank card used to guarantee the reservation. The debit of the payment is made at the establishment during the stay, except in the case of special conditions or rates where the partial or total debit of the payment is made when the reservation is made. This prepayment is called a deposit. In the event of a no-show (reservation not cancelled - customer not present) of a reservation guaranteed by bank card, the establishment will debit the customer, as a lump sum, of the amount indicated in its general conditions and special conditions of sale. The establishment chose elloha.com/stripe.com in order 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, card limit, input error, etc. In the event of a problem, the customer will have to approach his bank, and then the establishment 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.
The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answer 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 to online payment providers). The customer authorises 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 Customers protection charter of personal data. In particular when paying online, the customer's bank details must be sent 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 can 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 consents to this transfer necessary for the execution of his reservation.
Constellation SAS / Stripe.com as a professional company, are committed vis-à-vis the establishment to take all security measures and respect for data confidentiality for said data transfers.
The entry of the required bank information, as well as the acceptance of the general conditions and the reservation voucher or request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The records stored in computer systems 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 recorded at the time of booking
13. Force majeure
Force majeure means any event external to the parties that is both unpredictable and insurmountable which prevents either the client or the establishment from insuring all or part of the obligations provided for in the contract. Are considered as force majeure or fortuitous event those usually recognised by the jurisprudence of French Courts and Tribunals. Neither party can be held responsible towards the other party in the event of non-fulfilment 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 costs arising therefrom.
14. Dispute Resolution
These General Terms and Conditions of Sale are governed by the law of the country of establishment without obstructing any mandatory protective provisions applicable in the country of residence of consumers.
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the reservation voucher or request express all of the obligations of the parties. No general or specific condition communicated by the client can be integrated into these general conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the reservation voucher or request (including the special conditions of the reserved price) 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 applicable for the obligation in question. These general conditions of sale by internet can 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 terms and conditions of internet sales will automatically apply to all customers.