General terms and conditions
The present general conditions define the rights and obligations of the parties within the context of the remote reservation of services offered by our establishment whose coordinates are specified in the present reservation 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 the present general terms and conditions of sale and the terms and conditions of sale of the reserved rate accessible on our reservation platform. The present general conditions of sale apply to all reservations made by internet, via our reservation platform.
The client chooses the services presented on our reservation platform. The client acknowledges that he/she has taken cognizance of the nature, the destination and the reservation modalities of the services available on our reservation platform and that he/she has requested and obtained the necessary and/or additional information in order to make his/her reservation in full knowledge of the facts. The client is solely responsible for his choice of services and their suitability to his needs, so that our responsibility cannot be sought in this regard. The reservation is deemed accepted by the client at the end of the reservation process.
- Booking process
Reservations made by the client are made by means of the dematerialized 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 of sale and the terms of sale of the reserved fare before the validation of the booking and, finally, the validation of the booking by the client.
- Acknowledgement of reservation
Our reservation platform acknowledges receipt of the client’s reservation by sending an e-mail without delay. In the case of online reservations, the e-mail acknowledging receipt of the reservation will summarize the contract offer, the services reserved, the prices, the sales conditions for the selected rate accepted by the client, the date of the reservation, the after-sales service information, and the address of the seller’s establishment where the client can submit his complaints.
- Consumption of the service
In application of the regulations in force in certain countries, the customer may be asked, upon arrival, to fill out a police form. 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 behavior that is contrary to public morality and order will lead the establishment to ask the client to leave the establishment without any compensation or refund if payment has already been made. For establishments with internal regulations, the client accepts and agrees 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 refund if payment has already been made.
The photographs presented on our reservation platform are not contractual. Even though every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate an idea as possible of the services offered, variations may occur between the time of the reservation 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 case of force majeure, the fact of the third party, the fact of the customer, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in case of unauthorized prepayment by the bearer bank. Any reservation or payment that would be irregular, inoperative, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the expense of the customer, 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, under penalty of foreclosure, be brought to our attention in writing within eight days after the date of departure from the establishment.
The prices for the reservation of the services are indicated before and at the time of the reservation. The prices are confirmed to the client in the commercial currency of the establishment and are valid only for the period indicated on the reservation platform. If the payment is made to the establishment in a currency other than the one confirmed on the reservation, the client will be responsible for the exchange fees. All reservations, regardless of their origin, are payable in the local currency of the establishment, unless otherwise indicated on the spot. 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 page of rates, 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 applicable VAT rate will be automatically reflected in the prices indicated on the date of invoicing. Any change 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 the invoice.
The client communicates his/her bank details as a guarantee for the reservation, except for 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 zone provided for this purpose (secured 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 the consumption of the service) and the visual cryptogram. The customer must present the credit 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 reservation. This prepayment is called 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 debit the customer, as a lump-sum compensation, for the amount indicated in its general and special sales conditions. 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 or her bank on the one hand, and the establishment on the other, to confirm the reservation and the 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.
- Respect for privacy
The customer is informed, on each of the personal data collection forms, of the mandatory 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, its service providers (and in particular the online payment service providers). The customer authorizes elloha.com to communicate his or her personal data to third parties on the condition 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 customer 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 customer agrees to this transfer, which is necessary for the execution of his/her reservation. Constellation SAS / Stripe.com, in their capacity as professionals, have committed to the establishment to take all security measures and respect the confidentiality of the data for the said data transfers.
- Evidence agreement
The entry of the required banking information, as well as the acceptance of these general terms and 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 computerized records kept in the computer systems of elloha.com shall be kept in reasonable conditions of security and shall be 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 the reservation.
- 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 stipulated in the contract. Are considered as force majeure or fortuitous event those usually recognized by the jurisprudence of the French Courts and Tribunals. Each party shall not be 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 mutual obligations and that each party shall bear the costs arising therefrom.
- Dispute Resolution
These General Terms and Conditions of Sale are governed by the law of the country of establishment, without prejudice to any mandatory protective provisions that may apply in the country of residence of the consumer.
The present General Terms and Conditions of Sale, the terms and conditions of sale of the fare booked by the client, and the voucher or reservation request express the entirety of the obligations of the parties. No general or specific condition communicated by the client can be integrated into the present 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 case of contradiction between the reservation form and the general conditions, the provisions of the reservation form will be the only ones applicable to the obligation in question. The present general conditions of sale by internet can be modified and/or completed by the establishment at any time. In this case, the new version of the general conditions of sale by Internet will be put on line by the establishment. As soon as the new version of the general terms and conditions of business is published on the Internet, it will automatically apply to all customers.
- The contract of seasonal hiring is reserved for the exclusive use of the hiring of the Rooms of Hosts.
The best welcome will be reserved for our guests. The owner commits himself to welcome the guests with all the desirable attentions allowing to facilitate their stay and the knowledge of the region.
- Length of stay
The signatory tenant of the contract concluded for a determined duration will not be able under any circumstances to prevail himself of an unspecified right to the maintenance in the places at the end of the stay.
- Conclusion of the contract
The reservation becomes effective as soon as the tenant will have sent to the owner the deposit on the total amount of the rent and a copy of the contract signed before the arrival date indicated on the front. A second copy is to be kept by the tenant.
The rental agreed between the parties cannot in any case benefit even partially to third parties, natural or legal persons, except with the written agreement of the owner. Any infringement of this clause would be likely to involve the immediate cancellation of the hiring with the wrongs of the tenant, the product of the hiring remaining definitively acquired with the owner.
- Cancellation by the tenant
Any cancellation must be notified to the owner in writing or otherwise.
Any cancellation must be notified to the owner in writing. A refund will be made at the level of 100% until 30 days before the stay, 50% until 15 days before the stay, from 15 days before the stay no refund will be made. If the stay is shortened, the price of the rental remains with the owner. There will be no refund.
An inventory is established jointly and signed by the tenant and the owner or his representative on arrival and departure of the room. This inventory is the only reference in case of dispute concerning the state of the premises.
The state of cleanliness of the room at the arrival of the tenant will have to be noted in the inventory of fixtures. The room must remain in a clean state during the stay.
- Use of the premises
The tenant will have to ensure the peaceful character of the rent and to make use of it in accordance with the destination of the places. The tenant commits himself to occupy the rented premises personally with his family or friends, within the limit of the number of persons for whom the house is rented, and to use it peacefully. More particularly, the furniture and furnishings must be used only for the purpose for which they are intended and in the places where they are located, it is absolutely forbidden to the tenant to transport them out of the accommodation. It is forbidden to bring, for whatever cause that it is, no modification of electricity and water existing, in the rented places, and commits himself to make immediately proceed to his expenses to the repairs which could be made necessary by a bad use of these installations. He will not be able under any pretext to sublet all or part of the rented places. The tenant will answer for the degradations and losses which could occur during the duration of the contract in the rented thing, unless it does not prove that they took place by case of absolute necessity, by fault of the owner, or by the fact of a third party whom it did not introduce in housing.
The contract is established for a maximum capacity of persons. If the number of tenants exceeds the capacity, the owner can refuse the additional persons.
The tenant is responsible for any damage caused by him. He is invited to take out a holiday type insurance policy for these different risks or to take out civil liability insurance. The owner cannot be held responsible for any accident occurring to a child left unattended.
- All rooms and common areas are non-smoking.
Any rental contract implies the unreserved acceptance by the tenant of these conditions.