1. Object
These general conditions define the rights and obligations of the parties within the framework 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 bookings made online, via our booking 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 reservation in full knowledge of the facts. The client is solely responsible for his choice of services and their suitability for his needs, so that our responsibility 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 voucher accessible online on our reservation platform. The reservation is deemed to have been made upon receipt of the reservation voucher. 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 transmitted. After the final choice of the services to be reserved, the reservation procedure includes in particular entering the bank card in the event of a guarantee or prepayment request, 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 reservation, the acknowledgment of receipt of the reservation by e-mail summarizes the contract offer, the reserved services, the prices, the sales conditions relating to the selected rate, accepted by the customer, the date reservation made, information relating to after-sales service, as well as the address of the seller’s establishment to which the customer can submit complaints.
5. Cancellation or modification by the customer
Customers are reminded, in accordance with article L. 121-21-8 12 ° of the Consumer Code, that they do not have the right of withdrawal provided for in article L. 121-21 of the French Consumer Code. consumption. The conditions of sale of the reserved rate specify the conditions for canceling and / or modifying the reservation. Reservations with prepayment may not be subject to any modification and / or cancellation. The sums 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 reservation confirmation sent by email. All reservations are personal and cannot under any circumstances be transferred to a third party, whether free of charge or against payment.
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 verify whether or not he must complete the police form. Any behavior contrary to good morals and public order will cause the establishment to ask the client to leave the establishment without any compensation and or without any reimbursement 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 invite the client to leave the establishment without any compensation and or without any refund if a payment has already been made. been carried out.
7. Liability
The photographs presented on our booking platform are not contractual. Even if every best effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as exact an overview as possible of the services offered, variations may occur between the time of booking and the day of the reservation. consumption of the service. The establishment cannot be held responsible for the non-performance or improper performance 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, 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 improper performance of the reserved services must, under penalty of foreclosure, be brought to our attention in writing within eight days of the date of departure from the establishment.
9. Price
The prices relating to the reservation of services are indicated before and during the reservation. Prices are confirmed to the customer in the amount including tax, in the establishment’s commercial currency, and are only valid for the period indicated on the booking platform. If the debit at the establishment is in a currency other than that confirmed on the reservation, the exchange costs are the responsibility of the customer. All reservations, regardless of their origin, are payable in the establishment’s local currency, except for special provisions 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 to the establishment on site. The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to the 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 automatically be reflected in the prices indicated on the date of invoicing.
10. Payment
The customer communicates his bank details as a guarantee of the reservation unless conditions or special rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club … according to the possibilities offered by the establishment’s reservation platform ) by indicating directly, in the zone 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 at the establishment with the credit card that enabled him 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 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, as a lump sum, for 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: card stolen, card blocked, limit reached, entry error, etc. In the event of a problem, the customer must contact his bank on the one hand, the establishment on the other hand to confirm their reservation and 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.
11. Respect for private life
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 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 establishment’s bank, 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 in their professional capacity, have made a commitment to the establishment to take all security measures and respect for data confidentiality for said data transfers.
12. Convention of proof
Entering the required banking information, as well as accepting these general conditions and the booking voucher or 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 unpredictable and insurmountable which prevents either the customer or the establishment from fulfilling all or part of the obligations provided for in the contract. Are considered as force majeure or fortuitous event those usually recognized by the jurisprudence of 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. Settlement of disputes
These General Conditions of Sale are governed by the law of the country of establishment without obstructing any mandatory protective provisions that may apply in the country of residence of consumers.
15. Completeness
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the reservation voucher or request express all the obligations of the parties. No general or specific condition communicated by the customer may be incorporated into these general conditions. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the reservation voucher or request (including the special conditions of the reserved rate) and these general conditions. In the event of a contradiction between the booking voucher and the general conditions, the provisions appearing on the booking voucher will be the only ones applicable for the obligation in question. These general conditions of internet sale may be modified and / or supplemented at any time by the establishment. In this case, the new version of the general conditions of internet sale will be put online by the establishment. As soon as it is posted on the internet, the new version of the general conditions of internet sale will apply automatically to all customers.