1. Purpose
These general terms and 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 terms and conditions of sale and the conditions of sale of the reserved rate accessible on our reservation platform. These general terms and conditions of sale apply to all reservations concluded online, via our reservation platform.
2. Reservation
The customer chooses the services presented on our reservation platform. He acknowledges having read the nature, destination and booking terms of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make his booking with full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability for his needs, such that our liability cannot be sought in this regard. The booking is deemed accepted by the customer at the end of the booking process.
3. Booking process
Reservations made by the customer are made via the electronic reservation form accessible online on our reservation platform. The reservation is deemed to be made upon receipt of the reservation form. The customer undertakes, prior to any reservation, to complete the information requested on the reservation form or request. The customer certifies the truthfulness and accuracy of the information transmitted. After the final choice of the services to be booked, the booking procedure includes in particular the entry of the bank card in the event of a request for a guarantee or prepayment, the consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate before the validation of the booking and, finally, the validation of the booking by the customer.
4. Acknowledgement of receipt of reservation
Our booking platform acknowledges receipt of the customer's booking by sending an email without delay. In the case of online booking, the acknowledgement of receipt of the booking by email 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 the booking made, the information relating to the after-sales service, as well as the address of the seller's establishment to which the customer can submit their complaints.
5. Cancellation or modification by the customer
The customer is reminded, in accordance with Article L. 221-28 of the Consumer Code, that he does not have the right of withdrawal provided for in Article L221-18 of the Consumer Code. The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation. Reservations with prepayment may not be subject to any modification and/or cancellation. The amounts paid in advance, which are the deposits, will not be subject to any reimbursement if the cancellation is due to the customer.
In this case, it is mentioned in the conditions of sale of the rate. 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 contact 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, whether free of charge or for a fee.
6. Consumption of the service
In accordance with the regulations in force in certain countries, the customer may be asked, upon 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 they must complete the police form. Any behavior contrary to good morals and public order will lead the establishment to ask the customer 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 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 ask the customer to leave the establishment without any compensation and/or without any refund if a payment has already been made.
7. Liability
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, inability to access the website, external intrusion, computer viruses or in the event of prepayment not authorized by the cardholder's bank. Any reservation or payment that is irregular, inoperative, 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 fourteen days after the date of departure from the establishment.
9. Prices
The prices relating to the reservation of services are indicated before and at the time of booking. 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 booking, the exchange fees are the responsibility of the customer. All reservations, regardless of their origin, are payable in the local currency of the establishment, unless special 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.) where applicable, shown on the prices page, are to be paid directly on site to 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 invoice date.
10. Payment
The customer provides their bank details as a guarantee of the reservation, except for special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club, etc. depending on the possibilities offered by the establishment's reservation platform) by indicating directly, in the area provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the numbers, as well as its expiry date (it is specified that the bank card used must be valid at the time of consumption of the service) and the visual cryptogram. They must present themselves at the establishment with the bank card that allowed them to guarantee the reservation. The payment is debited 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 at the time of booking. This prepayment is called a deposit. In the event of a no-show (reservation not cancelled – customer not present) of a reservation guaranteed by credit card, the establishment will debit the customer, as a fixed indemnity, the amount indicated in its general terms and conditions of sale. The establishment has chosen 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. The payment card may be refused for several reasons: stolen card, blocked card, limit reached, input error, etc. In the event of a problem, the customer must contact their bank on the one hand, and the establishment on the other hand to confirm their reservation and payment method. In the case of a rate subject to online prepayment, the amount paid in advance, which are the deposits, 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.
11. Respect for privacy
The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the responses 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 providers). The customer authorizes elloha.com to communicate his personal data to third parties on the condition that such communication proves compatible with the performance of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Charter for the protection of personal data. In particular when paying online, the customer's bank details must be transmitted by the payment service provider stripe.com to the establishment's bank, for the execution of the reservation contract. The customer is informed that this transfer of data may therefore be carried out in foreign countries that do not have adequate protection of personal data 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, in their capacity as professionals, have undertaken to the establishment to take all security measures and respect the confidentiality of data for said data transfers.
12. Proof agreement
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 recorded at the time of booking.
13. Force majeure
Force majeure means any event external to the parties that is both unforeseeable and insurmountable and prevents either the customer or the establishment from fulfilling all or part of the obligations set out in the contract. Force majeure or fortuitous events are considered to be those usually recognized by the case law of the French Courts and Tribunals. Each party shall not 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 shall bear 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 prejudice to any mandatory protective provisions that may be applicable in the country of residence of consumers.
15. Entirety
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the voucher or reservation request express the entirety of the obligations of the parties. No general or specific conditions communicated by the customer may be incorporated into these general conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the reservation form or request (including the specific conditions of the reserved rate) and these general conditions. In the event of a contradiction between the reservation form and the general conditions, the provisions appearing on the reservation 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 at any time by the establishment. 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 put online on the internet, the new version of the general conditions of sale by internet will automatically apply to future customers.
