GENERAL TERMS AND CONDITIONS OF SALE
Article 1 – Preamble
Article 1.1. Designation of the seller
SAS MACSLA, a simplified joint-stock company, registered with the Périgueux Trade and Companies Register under number 977 710 797 , whose registered office is located at 1589 route de la fontaine, LD Lasteyrie, 24340 La Rochebeaucourt-et-Argentine - Telephone: +33 5 53 56 44 60 - Intra-Community VAT number: FR37977710797
Email address: chateaudelasteyrie@gmail.com - Website address for sales: www.chateaudelasteyrie.com
Hereinafter referred to as "The Service Provider"
Article 1.2. Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the rental by the Provider of a holiday home (Le Château) and guest rooms, intended for persons having the status of consumers or non-professionals within the meaning of the consumer code or of traveller within the meaning of the tourism code and having the legal capacity to contract (hereinafter referred to as "the Client").
Article 1.3. Definitions
Client: natural person aged 21 years minimum and having the right and legal capacity to make and pay for the reservation or legal entity that contracts with the Provider under these general terms and conditions of sale.
Service: rental service of the holiday home (gite) or guest room(s), which is neither a tourist package, nor a travel service or tourist service within the meaning of article L.211-2 of the French Tourism Code.
Online contract: contract concluded in the context of the purchase of service(s) on the Provider's website.
Site: refers to the website www.chateaudelasteyrie.com
Article 2 – Content and scope
These general terms and conditions of sale apply automatically to the rental of the holiday home or one (or more) guest room(s) managed by the Provider.
Any order or purchase implies unreserved acceptance of these general terms and conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the Provider and appear on the booking contract.
The Client declares having read and accepted these general and specific terms and conditions of sale before making a reservation and concluding the contract.
Article 3 – Pre-contractual information
The Customer acknowledges having received, prior to placing his order and/or concluding the contract, in a legible and understandable manner, these general and specific terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.
Article 4 - Price
Article 4.1. Final price and additional taxes
The final price is quoted in Euros, inclusive of all taxes (TTC), per night, with a minimum of:
- 2 nights in the bed and breakfast option. The price includes breakfasts and tourist tax.
- 3 nights in the "self-catering" package, based on the complete rental of the Château (holiday home) (up to 12 beds) or the Château and the 2 bedrooms in the Coach House annex (up to 16 beds). The price is not dependent on the actual number of guests. The price includes the items listed in the contract. It includes bed linen and towels provided and beds made, initial cleaning, and for stays longer than 7 days, mid-stay cleaning and a change of bed linen and towels. Unless otherwise stated in the contract, it does not include tourist tax, extras (breakfast or picnic baskets), pre- and post-stay transfers, local transport, optional insurance, or personal expenses.
If payment to the Service Provider is made in a currency other than the one confirmed on the booking, the exchange fees will be borne by the Client. All bookings, regardless of origin, and additional services are payable in Euros. Prices include VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the prices shown on the invoice date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will also be automatically reflected in the prices shown on the invoice date.
Article 4.2. Payment terms
The Client warrants to the Service Provider that they have all necessary authorizations to use the payment method chosen at the time of contract validation. The Service Provider reserves the right to suspend all booking management and performance of services in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment of any sum due under the contract.
Payments made by the Client will only be considered final after the Provider has effectively received the amounts due.
Payment of any remaining balance, other goods, products or services consumed during the stay with the Provider must be settled in full by the Client before departure.
Article 5 – Reservations
The Provider offers a remote booking system (by phone or email), a booking system directly on its website, and through various agencies or booking platforms. The information and photographs on its website or on booking platforms are for informational purposes only and are not contractually binding. While every effort is made to ensure that the photos, graphic representations, and texts provide as accurate a representation as possible of the services offered, variations may occur between the time of booking and the day the service is used.
The Service Provider acknowledges receipt of the booking request by sending an email and a service proposal or quote. (Note: If the booking is made via an agent or booking platform, no confirmation is sent by the Service Provider). The reservation becomes effective once the Client has returned the completed and signed contract and acceptance of the Terms and Conditions by mail or email, and paid the deposit of 40% of the total rental amount. This deposit is fully refundable up to 60 days before the arrival date for the "gîte" option and up to 9 days for the bed and breakfast. See Article 12 – Contract Cancellation for details.
The rental agreement concluded between the parties to this document may not, under any circumstances, benefit any third party, whether a natural or legal person, even partially, without the Provider's written consent. Any breach of this clause may result in the immediate termination of the Service at the Client's expense, with the rental price remaining the property of the Provider.
The balance of the total price and the tourist tax must be paid up to 4 weeks before arrival for the "gite" option.
The balance of the total price is to be paid up to 8 days before arrival for guest rooms.
Article 6 - Conditions of occupancy
The Client must arrive on the day specified in the Contract and at the time mentioned in the contract between 5 p.m. and 9 p.m. In case of late or delayed arrival, the Client must notify the Provider as soon as possible.
Departure must take place before 11 a.m. on the day specified in the Contract.
The rental is subject to the following charges and conditions, which the Client agrees to perform and fulfill, namely:
1. Respect reasonable and appropriate conduct, as well as the instructions communicated by the Provider -2. Occupy the premises responsibly. The exercise of any trade, profession or industry being formally prohibited, the Client acknowledging that the premises subject to the contract are rented to him only as a pleasure residence - 3. No smoking in the bedrooms or inside the house; use the ashtrays provided outside. - 4. Do not throw objects into the sinks, bathtubs, bidets, or washbasins that could clog the drains; otherwise, you will be liable for the costs incurred to restore these fixtures to working order. - 5. Enjoy the rented premises peacefully and, in particular, avoid any noise, odor, or the exercise of any illegal activity or anything likely to cause a nuisance to the neighborhood, whether caused by you or by those occupying the property under your authority. - 6. Residents are reminded that minors on the property are under the sole and full responsibility of their parents or guardians, particularly with regard to the use of the swimming pool. - 7. The rented premises have a capacity specified on the booking confirmation. If the number of people showing up exceeds the defined capacity, the Provider may refuse the additional people and/or terminate the contract - 8. Pets are not allowed. The Provider reserves the right to refuse any pet, without such refusal being considered a modification or cancellation of the reservation initiated by the Provider. No refund will be due from the Client. The rental is for a fixed period. The Client may not, under any circumstances, claim a right to remain on the premises beyond the agreed period.
In accordance with current French regulations, foreign national clients, as well as other foreign national residents, must complete an individual police registration form.
Article 7 – No right of withdrawal
Article L. 221-28 of the French Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, transport services for goods, car rentals, catering or leisure activities which must be provided on a specific date or during a specific period. The Provider takes advantage of this absence of a right of withdrawal and indicates that for all services falling within the scope of Article L. 221-28 or L. 221-2 of the Consumer Code, the Client will not have any right of withdrawal.
Article 8 – Interruption of stay
In the event of early termination of the stay by the tenant, and if the owner is not at fault, the rental price remains due to the owner. No refund will be issued, except for the security deposit under the conditions specified above (Article 8) and the tourist tax prorated to the number of cancelled nights.
Article 9 – Termination of the contract
Article 9.1. Termination of the contract by the Client
The Client may terminate the contract at any time before the start of the service. For this termination to be valid, the Client must inform the Service Provider by email or mail. In this case, the Provider will ask the Client to pay termination fees or penalties and may retain all or part of the deposits or balance already paid, according to the schedule corresponding to the service.
If the customer cancels their reservation for one (or more) guest room(s) before arrival:
- No penalties for cancellations made up to 9 days in advance.
- Between 8 and 3 days before the stay: 40% of the total cost
- Between 2 and 0 days before arrival: 100% of the total cost of the stay
If the customer cancels their reservation at the "gîte" before arrival:
- No penalties for cancellations made up to 60 days in advance.
- Between 60 and 41 days before: 10% of the total cost of the stay
- Between 40 and 22 days before, 30% of the total cost of the stay
- Between 21 and 8 days before, 50% of the total cost of the stay
- Between 7 and 0 days before, 100% of the stay amount
These termination fees will not be due if the contract is terminated due to a force majeure event that significantly impacts its performance. In this case, the Provider will provide a full refund of all payments made.
If the client wishes to modify their reservation, the dates, or the number of occupants, the rates are subject to change and availability is not guaranteed. In the event of a modification request, if the Provider is unable to accommodate it and the reservation is cancelled, this cancellation may be subject to the conditions above.
Article 9.2. Termination of the contract by the Service Provider
In the unlikely event of cancellation of the contract by the Provider, the Client will receive a full refund of any sums already paid, except in cases of breach of contract by the Client (failure to pay the balance on time, lack of insurance, etc.). No further compensation may be claimed.
Article 10 – Protection of personal data
Article 10.1. Data collected
As part of its business, the Service Provider implements and operates personal data processing relating to Clients. In this capacity, the Service Provider collects the following personal data: first name, last name, title, postal address, email address, telephone number, family composition, specific details noted in the contract, and payment methods.
Article 10.2. Purpose pursued
The collection of this personal data is essential for the performance of the contract, and in the event of refusal to provide it, the Client may encounter difficulties in the performance of the service, for which the Provider cannot be held liable. This personal data is collected for the sole purpose of managing the Provider's clientele within the framework of the conclusion and performance of the contract, based on the Client's consent. It is used only for the purposes to which the Client has consented. More specifically, these purposes are as follows:
- Identification of individuals using and/or booking services
- Formalization of the contractual relationship
- Performance of services booked with the Provider
- Contract management and booking (including room allocation and travel arrangements)
- Accounting, including customer account management and customer relationship monitoring
- Processing of operations related to customer management
- Commercial communications and prospecting, event management.
Article 10.3. Persons authorized to access the data
The persons authorized to access the data collected within the company are as follows: the employees of the Provider and its partners involved in the services requested by the Client, and where applicable, the Provider's subcontractors involved in the execution and/or administration of the services and required to intervene in this capacity on the processing, it being specified that in such a case, whether it concerns partners or subcontractors, this is carried out in compliance with the regulations in force.
Article 10.4. Data Retention
The personal data collected is retained for the legally required retention period related to the purpose of the processing, and for a maximum of 5 years. Personal data relating to the Client's bank card is retained only for the time necessary to complete the transaction.
The Service Provider implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Service Provider cannot guarantee the security of information transmitted or stored online.
Article 10.5. Rights of the data subject of the collected data
In accordance with applicable data protection regulations, each user has the right to access, modify, object to, and rectify, for legitimate reasons, the collection and processing of their personal data. It is possible to request that this data be corrected, completed, clarified, updated, or deleted.
These rights can be exercised by writing a signed letter to the data controller, attaching a copy of your identity document to your request.
At any time, the Client may lodge a complaint with the CNIL according to the procedures indicated on its website (https://www.cnil/fr).
Article 10.6. Amendment to the clause
The Provider reserves the right to make any changes to this clause relating to the protection of personal data at any time. If any changes are made to this personal data protection clause, the Provider undertakes to publish the new version on its website, and will also inform users of the change by email, at least 15 days before the effective date.
Article 10.7. Objection to telephone solicitation
You have the option to register on the telephone marketing opt-out list on the following website: http://www.bloctel.gouv.fr/.
Article 11 – Insurance and Liabilities
The Client is responsible for any damage caused by their actions. They are required to have vacation rental insurance to cover these risks. Proof of insurance may be requested upon arrival at the property. The Client is also responsible for any damage, loss, or injury suffered by the Service Provider as a result of their own fault (acts or omissions) or negligence. In this event, the Client agrees to pay the Provider any sum reasonably necessary to repair any such damage caused by them. The Provider reserves the right to cancel the Client's reservation immediately and without refund if the Client's behavior during their stay becomes unreasonable and/or results in serious complaints from staff or other residents.
The Service Provider shall not be liable to the Client for any failure to perform its obligations under this agreement that is not attributable to it (fraud, misrepresentation, etc.) or that results from a force majeure event. In any event, the Service Provider's liability shall not exceed the amount paid by the Client and received for the reservation.
The Provider will endeavor to exercise all reasonable care and diligence in the proper performance of its obligations. It cannot be held liable for any indirect damage (including loss of profit, loss of revenue, loss of money, loss of time, missed opportunities, or any other harm or damage not directly caused by the Provider) or which it could not reasonably foresee.
Article 12 – Force majeure
Any event beyond the control of the Parties, which could not reasonably have been foreseen at the time the contract was entered into and whose effects cannot be avoided by appropriate measures, shall be considered as preventing the debtor from performing its obligation and shall result in the suspension of the contract. The following are specifically considered force majeure events by French courts: Exceptional weather conditions, natural disasters, fires and floods, explosions, lightning, attacks and acts of terrorism, wars and riots, epidemics and pandemics, administrative, regulatory, or legal closures, prohibitions, and/or restrictions, disruptions or blockages of telecommunications networks, means of transport, or postal services, including those due to strikes, as well as any legal, regulatory, or public order obligation imposed by the competent authorities that would substantially modify these General Terms and Conditions. The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence and their cessation.
Article 13 – Dispute Resolution
These general terms and conditions are governed by French law. This applies to both substantive and procedural rules.