General Terms and Conditions of Sale
for Remote Bookings
These general conditions define the rights and obligations of the parties in the context of the 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 the reservation and the follow-up of the reservation 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 of the booked fare accessible on our booking platform.
These general terms and conditions of sale apply to all bookings made via the internet, through our booking platform.
The client chooses the services presented on our reservation platform. The client acknowledges that he/she has taken note of the nature, destination and booking terms of the services available on our booking platform and that he/she has requested and obtained the necessary and/or additional information in order to make his/her booking in full knowledge of the facts. The client is solely responsible for his choice of services and their suitability for his needs, so that we cannot be held liable in this respect. The reservation is deemed to be accepted by the client at the end of the reservation process.
3. RESERVATION PROCESS
Reservations made by the client are made by means of the dematerialised reservation form accessible online on our reservation platform. The reservation is deemed to have been made upon receipt of the reservation form. The client undertakes, prior to any reservation, to complete the information requested on the reservation form or request. The client attests to the truthfulness and accuracy of the information provided. After the final choice of the services to be booked, the booking procedure includes in particular the entry of the bank card in the case of a guarantee or prepayment request, the consultation and acceptance of the general terms and conditions of sale and the terms and conditions of sale of the reserved fare before the booking is validated and, finally, the validation of the booking by the client.
4. ACKNOWLEDGEMENT OF RECEIPT OF THE RESERVATION
Our reservation platform acknowledges receipt of the client’s reservation by sending an e-mail without delay. In the case of online bookings, the acknowledgement of receipt of the booking by e-mail summarises the contract offer, the services booked, the prices, the sales conditions for the selected tariff accepted by the client, the date of the booking, the information on after-sales service and the address of the seller’s establishment to which the client can submit any complaints.
5. CANCELLATION OR MODIFICATION BY THE CLIENT
The client is reminded, in accordance with article L. 121-21-8 12° of the French Consumer Code, that he/she does not have the right of withdrawal provided for in article L. 121-21 of the Consumer Code. The conditions of sale of the reserved fare specify the terms and conditions for cancelling and/or modifying the reservation. Reservations with prepayment cannot be modified and/or cancelled. No reimbursement will be made for sums paid in advance as a deposit. In this case, this is mentioned in the sales conditions of the tariff. When the conditions of sale of the reserved fare allow it, the cancellation of the reservation can be made directly with the establishment, whose telephone number is specified on the confirmation of the reservation sent by e-mail. All reservations are nominative and may not be transferred to a third party, whether free of charge or for a fee.
6. CONSUMPTION OF THE SERVICE
In application of the regulations in force in certain countries, the client may be asked to fill in a police form on arrival. To do so, the client will be asked to present an identity document in order to verify whether or not he/she must complete the police form. Any behaviour contrary to public morality and order will lead the establishment to ask the customer to leave the establishment without any compensation or refund if payment has already been made. For establishments with internal regulations, the client accepts and undertakes to respect these regulations. In the event of non-compliance by the client with any of the provisions of the Internal Regulations, the establishment will be obliged to ask the client to leave the establishment without any compensation or without any refund if payment has already been made.
The photographs presented on our booking platform are not contractual. Although every effort is made to ensure that the photographs, graphics and text used to illustrate the establishments presented give as accurate an idea 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 poor execution of the reservation in the event of force majeure, the fault of a third party, the fault of the client, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of unauthorised prepayment 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.
Complaints relating to the non-performance or poor performance of the services booked must, on pain of foreclosure, be brought to our attention in writing within eight days of the date of departure from the establishment.
The prices for the reservation of services are indicated before and at the time of the reservation. Prices are confirmed to the client in the commercial currency of the establishment and are valid only for the period indicated on the booking platform. If the payment is made to the establishment in a currency other than the one confirmed on the booking, the client will be responsible for the exchange costs. All bookings, regardless of their origin, are payable in the local currency of the establishment, unless otherwise stated on site. 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 to the establishment. The prices take into account the VAT applicable on the day of the order and any change in the VAT rate will be automatically reflected in the prices indicated on the date of invoicing. 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 client communicates his/her 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… according to 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 digits, as well as its date of validity (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 the bank card used to guarantee the reservation to the establishment. 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 referred to as 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, 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 checked by stripe.com. The payment card may be refused for several reasons: stolen card, blocked card, ceiling reached, entry error, etc. In the event of a problem, the client must contact his bank on the one hand, and the establishment on the other, to confirm his reservation and his method of payment. In the case of a tariff 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 PRIVACY
The client is informed, on each of the forms collecting personal data, of the compulsory or optional nature of the answers by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners and its service providers (and in particular online payment service providers). The customer authorises elloha.com to communicate his or her personal data to third parties provided that such communication is compatible with the performance of the operations incumbent upon elloha.com under these general terms and 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 client is informed that this transfer of data may therefore be carried out in foreign countries which do not have adequate protection of personal data within the meaning of the Data Protection Act. However, the client agrees to this transfer, which is necessary for the execution of his/her reservation. Constellation SAS / Stripe.com, in their capacity as professionals, have undertaken to take all security and confidentiality measures with regard to the said data transfers.
12. AGREEMENT OF PROOF
The entry of the required banking information, as well as the acceptance of the present general conditions and of the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerised records kept in the computer systems of elloha.com shall be kept in reasonable conditions of security and shall be considered as proof of the communications, orders and payments made between the parties. The customer is hereby informed that his/her IP address is recorded at the time of booking.
13. FORCE MAJEURE
Force majeure is any event external to the parties that is both unforeseeable and insurmountable and that prevents either the client or the establishment from fulfilling all or part of the obligations set out in the contract. Are considered as force majeure or fortuitous event those usually recognised by the jurisprudence of the French Courts and Tribunals. Each party may not be held liable towards 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 mutual obligations and that each party shall bear the costs arising from it.
14. SETTLEMENT OF DISPUTES
These General Terms and Conditions of Sale shall be 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.
These General Terms and Conditions of Sale, the terms and conditions of sale of the fare booked by the client, and the voucher or booking request express the entirety of the parties’ obligations. No general or specific conditions communicated by the client may be incorporated into these general conditions. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the reservation form or request (including the special conditions of the reserved fare) and these general conditions. In the event of a contradiction between the booking form and the general terms and conditions, the provisions of the booking form shall be the only ones applicable to the obligation in question. The present general conditions of sale by internet may be modified and/or completed by the establishment at any time. In this case, the new version of the general terms and conditions of sale by internet will be put online by the establishment. As soon as the new version of the general terms and conditions of business is published on the Internet, it shall automatically apply to all customers.