GENERAL CONDITIONS OF SALE - HOLIDAY HOME RENTAL
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 , with its registered office located at 1589 route de la fontaine, LD Lasteyrie, 24340 La Rochebeaucourt-et-Argentine - Telephone: 05 53 56 44 60 - Intra-community VAT number: FR37977710797
Email address: chateaudelasteyrie@gmail.com - Website address: www.chateaudelasteyrie.com
Hereinafter referred to as ""The Service Provider""
Article 1.2. Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the rental by the Service Provider of a holiday home, intended for persons having the status of consumers or non-professionals within the meaning of the consumer code or of holiday makers within the meaning of the tourism code and having the legal capacity to contract (hereinafter referred to as "the Client").
Article 1.3. Definitions
Customer: person aged at least 18 years old and having the right and legal capacity to make and pay for the reservation or legal entity who contracts with the Service Provider under these general terms and conditions of sale.
Service: rental service of a holiday home, not being a tourist package, nor a travel service or tourist service within the meaning of article L.211-2 of the Tourism Code.
Online contract: contract concluded within the framework of the purchase of service(s) on the Provider's website.
Site : means the website www.chateaudelasteyrie.com
Article 2 – Content and scope of application
These general terms and conditions of sale apply automatically to the rental of a gîte from the Service Provider.
Any order or purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the Service Provider and appear on the reservation contract.
The Customer declares to have read these general and specific conditions of sale and to have accepted them before making his 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 comprehensible manner, these general and specific conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.
Article 4 - Prices
Article 4.1. Final price and additional taxes
The final price is announced in Euros, all taxes included (TTC) per night, with a minimum of 3 nights in the form of a package based on the complete rental of the castle (up to 12 beds) or the castle plus the 2 bedrooms of the outbuilding (up to 16 beds). It is not dependent on the actual number of residents.
The price includes the items indicated in the contract. It includes bed linen and towels provided and beds made, cleaning at the start of the stay, and for a stay of more 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-delivery, on-site transport, optional insurance or personal expenses.
If the debit to the Service Provider is made 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, and additional services are payable in Euros. 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.
Article 4.2. Payment terms
The Client guarantees to the Service Provider that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the contract. The Service Provider reserves the right to suspend any reservation management and any execution of services in the event of refusal of authorization of payment by bank card by officially accredited organizations or in the event of non-payment of any amount due under the contract.
Payments made by the Client will only be considered final after actual collection of the sums due by the Service Provider.
Payment of any remaining balance, other goods, products or services consumed during the stay with the Provider must be settled by the Client in full before departure.
Article 5 – Reservations
The Provider offers an offline remote booking system (by telephone or email),
a booking system directly on its online site and via various agencies or booking platforms. The information and photographs on its website or on booking platforms are not contractual but only informative. Even if the best efforts are made to ensure that the photos, graphic representations and texts give as accurate an overview as possible of the services offered, variations may occur between the time of booking and the day of consumption of the service.
The Service Provider acknowledges receipt of the reservation request by sending an email and a proposal for services or a quote (If the reservation is made via an agent or a reservation platform, no confirmation is sent by the Service Provider). The reservation becomes effective once the Customer has returned by mail or email the completed and signed contract and acceptance of the T&Cs, and paid the deposit of 40% of the total rental amount. This deposit is fully refundable up to 60 days before the arrival date. See Article 12 – Termination of Contract for terms.
The rental concluded between the parties to this act may not under any circumstances benefit, even partially, third parties, whether natural or legal persons, unless otherwise agreed in writing by the Service Provider. Any breach of this last paragraph may result in the immediate termination of the Service at the Client's expense, with the rental price remaining definitively acquired by the Service Provider.
The balance of the total price as well as the tourist tax are to be paid up to 4 weeks before arrival.
Article 6 - Conditions of occupancy
The Customer 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 the event of late or delayed arrival, the Customer must notify the Service Provider as soon as possible.
Departure must take place before 11 a.m. on the day specified in the Contract.
The rental is made under the following charges and conditions which the Client undertakes to execute and fulfill, namely:
1. Respect reasonable and appropriate manners, as well as the instructions communicated by the Service Provider and detailed in the Welcome Booklet - 2. Occupy the premises only in a bourgeois manner, the exercise of any trade, profession or industry being formally prohibited, the Client acknowledging that the premises covered by the contract are rented to him only as a leisure residence - 3. Do not smoke in the bedrooms and inside the house and use the ashtrays provided outside - 4. Refrain from throwing objects into the sinks, bathtubs, bidets, sinks that could obstruct the pipes, failing which he will be liable for the costs incurred for the restoration of this equipment -5. Enjoy the rented premises peacefully and take particular care to avoid any noise, odor, or the exercise of any illegal activity or activity likely to cause neighborhood inconvenience, whether caused by him or by the occupants on his behalf -6. Residents' attention is drawn to the fact that minors on the property are placed under the sole and entire responsibility of their parents or persons having authority over them, in particular with regard to the use of the swimming pool -7. The rented premises have a capacity defined on the order confirmation. If the number of people arriving exceeds the defined capacity, the Service Provider may refuse the additional people and/or terminate the contract -8. Animals are not accepted. Any animal may be refused by the Service Provider, without this refusal being considered as a modification or termination of the reservation at the initiative of the Service Provider. No reimbursement may be demanded by the Customer -9. The rental is made for a fixed period. The Customer may not under any circumstances claim a right to remain on the premises.
In accordance with the regulations in force, the Client of foreign nationality, as well as other residents of foreign nationality, must complete an individual police form.
Article 7 – Security deposit
Upon the Client's arrival at the premises, a security deposit in the amount indicated in the contract is requested by the Service Provider. After the exit visit, this deposit is returned within 8 days, less the cost of restoring the premises, if damage, theft or loss is noted.
Article 8 – Absence of right of withdrawal
Article L. 221-28 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period. The Service Provider relies on this absence of 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 Customer will not have any right of withdrawal.
Article 9 – Interruption of stay
In the event of early termination of the stay by the tenant, and if the owner's liability is not called into question, the rental price remains acquired by the owner. No refund will be made, except for the security deposit under the conditions indicated above (article 8) and the tourist tax in proportion to the number of nights cancelled.
Article 10 – Termination of the contract
Article 10.1. Termination of the contract by the Customer
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 by post. In this case, the Service 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 his reservation before arrival:
- Up to 60 days before no penalties
- Between 60 and 41 days before 10% of the amount of the stay
- Between 40 and 22 days before 30% of the amount of the stay
- Between 21 and 8 days before 50% of the amount of the stay
- Between 7 and 0 days before 100% of the amount of the stay
These termination fees will not be due if the contract is terminated following a force majeure event having significant consequences on the execution of the contract. In this case, the Service Provider will proceed to the full reimbursement of the payments made.
If the customer wishes to modify his 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 10.2. Termination of the contract by the Service Provider
In the unlikely event of cancellation of the contract by the Service Provider, the amounts already paid by the Client will be fully refunded, except in the event of non-compliance by the Client with the obligations arising from this contract (non-payment of the balance on time, lack of insurance, etc.). No additional compensation may be claimed.
Article 11 – Protection of personal data
Article 11.1. Data collected
As part of its activity, the Service Provider implements and operates personal data processing relating to Customers. As such, the Service Provider collects the following personal data: first name, last name, title, postal address, email address, telephone number, family composition, specific features noted in the contract, payment terms.
Article 11.2. Purpose pursued
The collection of this personal data is essential for the contractual execution and in the event of refusal to communicate it, the Client is exposed to difficulties in the execution of the service which cannot give rise to the liability of the Service Provider. This personal data is collected for the exclusive purpose of ensuring the management of the Service Provider's Customer Base within the framework of the conclusion of the contract and its execution, on the basis of the Client's consent. It is only used for the purposes to which the Client has consented. More specifically, the purposes are as follows:
- Identification of persons using and/or reserving the services
- Formalization of the contractual relationship
- Performance of services reserved with the Service Provider
- Contract and reservation management (including room allocation, travel management)
- Accounting, including management of customer accounts and monitoring of customer relations
- Processing of operations relating to Customer management
- Commercial communications and prospecting, animation.
Article 11.3. Persons authorized to access data
The persons authorized to access the data collected within the company are as follows: the employees of the Service Provider and its partners involved in the services requested by the Client, and where applicable, the subcontractors of the Service Provider participating in the performance 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 they are partners or subcontractors, this is carried out in compliance with the regulations in force.
Article 11.4. Data retention
These personal data collected are kept for the legal retention period relating to the purpose of the processing and for a maximum of 5 years. Personal data relating to the Customer's bank card are kept exclusively for the period 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 Provider cannot guarantee the security of the transmission or storage of information on the Internet.
Article 11.5. Rights of the holder of the data collected
In accordance with the applicable regulations on personal data, each user has the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of their personal data. It is possible to request that this data be rectified, 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 Customer may file a complaint with the CNIL in accordance with the terms indicated on its website (https://www.cnil/fr).
Article 11.6. Modification of the clause
The Service Provider reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this clause on the protection of personal data, the Service Provider undertakes to publish the new version on its site, and will also inform users of the change by email, at least 15 days before the effective date.
Article 11.7. Opposition to telephone canvassing
You have the option to register on the telephone canvassing opt-out list on the following website: http://www.bloctel.gouv.fr/.
Article 12 – Insurance and Responsibilities
The Client is liable for any damage caused by his actions. He is required to be insured by a holiday insurance contract for these various risks. Proof of insurance may be requested upon entering the premises. The Client is liable for any damage, loss or harm suffered by the Service Provider as a result of a fault (acts or omissions) or negligence on his part. In this event, the Client agrees to pay the Service Provider any sum reasonably necessary to repair such damage caused by him. The Service Provider reserves the right to cancel the Client's reservation immediately and without refund, in the event that the behavior during the stay ceases to be reasonable and/or gives rise to serious complaints from staff or other residents.
The Service Provider shall not be liable to the Client for the non-performance of any of its obligations under these terms and conditions, which is not its fault (fraud, false declaration, etc.).), or which would be consequential to the occurrence of a case of force majeure. In any event, the liability of the Service Provider may not exceed the amount paid by the Customer and collected for the reservation.
The Provider shall endeavour to exercise all reasonable care and diligence for the proper performance of its obligations. It shall not be 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 that it could not reasonably foresee.
Article 13 – Force majeure
Any event beyond the control of the Parties, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, is considered to prevent the debtor from performing its obligation and results in the suspension of the contract. The following are considered to be cases of force majeure by the French courts: exceptional bad weather, natural disasters, fires and floods, explosions, lightning, attacks and acts of terrorism, wars and riots, epidemics and pandemics, administrative, regulatory or legal closures, bans and/or restrictions, cases of disruption or blocking of telecommunications networks, means of transport or postal services including due to strikes, as well as any legal or regulatory or public order obligation imposed by the competent authorities and which would have
to substantially modify the GTC The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Article 14 – Dispute resolution
These general conditions are subject to the application of French law. This is the case for
the substantive rules as well as the formal rules.
