TERMS OF USE
GENERAL CONDITIONS OF SALE AND USE
Article 1 – Definitionitions
We will subsequently designate:
– ‘Site’ or ‘service’: the site https://gitedelapaix.fr/ and all of its pages.
– ‘Services’: all the accommodation services and services that can be booked on the site.
– ‘Publisher’ or ‘Owner’: The person, legal or natural, owner of the accommodation offered and responsible for the publishing and content of the site.
– ‘User’: The Internet user visiting and using the site.
– ‘Customer’: The Internet user making a reservation on the site.
Article 2 – Notices imposed by the law of confidence in the digital economy and purpose of the site
This site is published by Arnaud Guerchon. Legal information concerning the host and publisher of the site, in particular contact details and any capital and registration information, are provided in the legal notices of this site. Information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter. The site is freely accessible to any Internet user, and allows you to consult accommodation offers and to request the reservation of one or more accommodations. The reservation of accommodation or more generally navigation on the site assumes acceptance, by the Internet user, of the entirety of these general conditions, which recognizes the same has become fully aware of it. This acceptance may consist for example, for the Internet user, of checking the box corresponding to the sentence of acceptance of these general conditions, having for example the words “I acknowledge having read and accepted all of the general conditions of the site. ". Checking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user. Acceptance of these general conditions assumes that users have the necessary legal capacity for this. If the user is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative. The Internet user recognizes the evidentiary value of automatic registration systems of the publisher of this site and, unless he provides contrary proof, he waives the right to contest them in the event of a dispute.
The Publisher makes available to the Client, on its Site, a confidentiality charter specifying all the information relating to the use of the Client's personal data collected by the Publisher and the rights which the Client has vis-à-vis the Client. with regard to this personal data. The data confidentiality policy is part of the General Terms and Conditions. Acceptance of these General Terms and Conditions therefore implies acceptance of the data confidentiality policy.
Article 3 – Characteristics of the accommodation services offered
The services and accommodation offered are those which appear on the pages of the site. Accommodation is offered within the limit of available places. Each accommodation is accompanied on the site by a description established by the owner. The photographs of the accommodation offered reflect a faithful image of the accommodation but are not contractual insofar as they cannot ensure a perfect similarity with reality. The support service of this site is accessible by email to the following address: contact@gitedelapaix.fr or by post to the address indicated in the legal notices, in which case the owner undertakes to provide a response under 7 days. Arnaud Guerchon also provides telephone assistance to users of the site and its customers to answer their questions. Telephone assistance can be contacted by telephone on 06 09 85 65 09 (price of a local call).
Article 4 – Prices
The prices of accommodation appearing on the site are prices understood in Euros net to be paid (VAT not applicable, according to article 293 B of the CGI), excluding any tourist tax.
Arnaud Guerchon reserves the right to pass on any change in the VAT rate to the price of accommodation. The owner also reserves the right to modify its prices at any time. However, the price appearing on the site on the day of the order will be the only one applicable to the buyer.
Customers reserving accommodation must pay a tourist tax, set by deliberation of the municipal council concerned by the accommodation reserved, if they are not domiciled in the municipality and do not have a residence there for which they would be liable to housing tax. This tourist tax, if not explicitly added to the price of accommodation and paid at the time of booking, may be applied and requested on site at the end of the stay. It will in any case be detailed to the customer, if it is applicable to him, on the invoice which will be given to him.
Article 5 – Duration of stay
The customer who has signed this contract concluded for a specific period may not, under any circumstances, claim any right to remain in the premises at the end of their stay.
Article 6 – Exemption from liability of the publisher in the context of the execution of this contract
In the event of impossibility of access to the site, due to technical problems or of any nature, the user will not be able to claim damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limiting duration, of one or more services offered by the site cannot constitute harm to Internet users and cannot in any way give rise to the granting of damages on the part of the site. from the site editor. The photographs of the accommodation and services presented on the site have no contractual nature, the responsibility of the publisher of this site cannot therefore be engaged if the characteristics of the accommodation differ from the visuals present on the site or if the latter are incorrect. or incomplete. The hypertext links present on this site may refer to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes the legislation in force. Likewise, the publisher of this site cannot be held liable if the Internet user's visit to one of these sites causes him harm.
Article 7 – Intellectual property rights relating to elements published on this site
All elements of this site belong to the publisher or a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.
Article 8 – Trademarks
The brands and logos contained on the site are registered by Arnaud Guerchon or possibly by one of his partners. Any person carrying out their representations, reproductions, nestings, disseminations and rebroadcasts incurs the sanctions provided for in articles L.713-2 et seq. of the Intellectual Property Code.
Article 9 – Limitation of liability
The publisher of the site, particularly in the online reservation process, is only bound by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or others. The publisher of the site, Arnaud Guerchon, cannot be held responsible for the non-performance of the contract concluded due to the occurrence of a force majeure event. The user expressly acknowledges using the site at his own risk and under his exclusive responsibility. The site provides the user with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any event, Arnaud Guerchon cannot under any circumstances be held responsible for: - any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may, among other things, result from the use of the site, or on the contrary from the impossibility of its use; - from a malfunction, unavailability of access, misuse, bad configuration of the user's computer the user, or the use of a browser little used by the user; - the content of advertisements and other external links or sources accessible by the user from the site.
Article 10 – Access to the site
The responsibility of the site editor cannot be incurred due to technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, an update, a modification of the site, an intervention by the host, an internal or external strike, a network failure, a power cut, or even a poor configuration or use of the user's computer.
Article 11 – Applicable law and mediation
These general conditions are subject to the application of French law. They can be modified at any time by the publisher of the site or its agent. The general conditions applicable to the user are those in force on the day of their reservation or connection to this site. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them. Except for public order provisions, any disputes which may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the discretion of the publisher of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided by public order, any legal action relating to the execution of this contract must be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.
Consumer mediation: According to article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute which concerns him. opposed to a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
Article 12 – Use of Cookies
A “Cookie” allows the identification of the user of a site, the personalization of their consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on their computer. The site may use “Cookies” mainly to 1) obtain navigation statistics in order to improve the user experience, and 2) allow access to content that is not accessible without memory user actions (particularly in the reservation process). The user acknowledges being informed of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the event of legal requisition. The User can refuse the recording of “Cookies” or configure their browser to be notified before accepting “Cookies”. To do this, the user will configure their browser:
– For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
– For Safari: https://support.apple.com/fr-fr/ht1677
– For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
– For Firefox: https://support.mozilla.org/fr/kb/activate-deactivate-cookies
– For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 13 – Reservation process and conclusion of the reservation contract
Below we will define as “Basket” the intangible object bringing together all the services selected by the user of the site for the purpose of a reservation. Once the Internet user considers that they have selected and added to their basket all the services they wish to reserve, they will have the possibility of validating their reservation. He will then be redirected to a summary page on which he will read or be informed of the number and characteristics of the nights reserved, as well as their unit price. If he wishes to validate his order, the Internet user must check the box relating to the ratification of these general conditions and click on the validation button. The Internet user will then be redirected to a page in which he will have to fill out the reservation form fields. In the latter case, he must provide a certain amount of personal data concerning him, necessary for the smooth running of the reservation. The Internet user will then be able to confirm their reservation with the site, and the user will be given payment instructions to complete this reservation, with the payment methods listed in the section of these general conditions relating to payments. The Internet user is invited to pay within a maximum period of time (but more quickly if it is a reservation made with less notice) the entire total amount of the price of the nights reserved. Once this payment is received, the reservation becomes firm and this contract concluded. By this payment the customer confirms his full agreement with these general conditions. Please note that without payment being made within the time limit, the reservation is not confirmed and that, consequently, the owner reserves the right to recover the requested accommodation. Once the reservation has been made, the Internet user will be sent an email or postal confirmation of the reservation, reminding them of the content of the reservation and the services requested, and the price thereof. Additional consumption and services not mentioned in this contract will be paid by the customer to the owner, at the end of the stay at the latest.
Article 14 – Information relating to payment of the reservation
The Internet user can place an order on this site and can make payment, when booking or before arriving at the accommodation, by credit card or Paypal. Once at the accommodation, the following means of payment are accepted: Check or cash. Payments by credit card via the site are made using secure transactions provided by an online payment platform provider. This site does not have access to any data relating to the user's means of payment. The payment is made directly into the hands of the bank or payment provider receiving the payment from the customer.
Article 15 – Conditions for cancellation of the reservation
Cancellation by the customer: Any cancellation must be notified to the owner, as quickly as possible, by email or post, fax or telephone. In accordance with article L.221-28 of the Consumer Code, the reservation of accommodation services is excluded from the right of withdrawal for contracts concluded remotely. The legal withdrawal period of 14 days (article L.221-18 of the Consumer Code) cannot therefore apply. The owner of the accommodation, however, offers reimbursement facilities in the event of cancellation or no-show, according to the following terms:
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For any stay canceled as soon as the reservation is made, we will retain the equivalent of 20% of the stay.
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Between 30 and 15 days before the stay, 50% of the amount will be withheld.
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Between 15 and 7 days before the stay, 75% of the amount will be retained.
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For any stay canceled within 7 days preceding the arrival date, interrupted or not consumed for any reason whatsoever, the entire amount of the booked stay will be owed or retained by Gîte de la Paix.
In the event of a shortened stay, the price corresponding to the cost of accommodation remains in full with the owner. Any additional services not consumed will be reimbursed. Cancellation by the owner of the accommodation: If before the start of the stay the owner wishes to cancel the reservation, the customer will be notified as quickly as possible by email or post, fax or telephone. The customer, without prejudging any recourse for compensation for any damage suffered, will be reimbursed immediately for all sums paid at the time of reservation or subsequently and relating to this reservation (possible deposits, deposits, advances, etc.).
Article 16 – Conditions of stay, rules of life and respect for the premises
Arrival and departure times are displayed on the site, and the customer must respect them. The customer must arrive on the day mentioned on the reservation confirmation received. In the event of late or delayed arrival, the customer must notify the owner. Use of accommodation: The customer must respect the peaceful nature of the premises (accommodation and environment) and use them in accordance with their intended purpose. He undertakes to leave the accommodation in good condition. Capacity: The accommodation offers presented on the site are for a specific or maximum number of people. If the number of customers exceeds the number stated in the description of the accommodation or the order confirmation, the owner is able to refuse additional customers or request payment of an additional sum. This refusal can in no case be considered as a modification or termination of the contract at the initiative of the owner, so that in the event of the departure of a number of customers greater than those refused, no refund can be considered. Pets: Unless otherwise specified in the descriptions of the accommodation offered, animals are accepted in the accommodation locations. In the event of the owner's refusal to accommodate certain animals on the premises of the accommodation, this refusal cannot under any circumstances be considered as a modification or breach of the contract at the initiative of the owner, so that in the event of departure of the customer, no refund can be considered.
Article 17 – Archiving
Arnaud Guerchon will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 18 – Framework of conditions
If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These conditions describe the entire agreement between the user and the website. They replace all previous or contemporary written or oral agreements. The general conditions are not assignable, transferable or sublicensable by the user himself.
A printed version of the Terms and of any notices given in electronic form may be requested in judicial or administrative proceedings relating to the terms and conditions. The parties agree that all correspondence relating to these Terms of Use must be written in the French language.
Article 19 – Notifications
Any notification or notice concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service which allows you to regularly monitor your packages, or by email to the addresses indicated in the legal notices of the site, specifying your first and last names, contact details and subject of the notice.
Article 20 – Complaints
Any complaint related to the use of the website, the service, or any other related service, the pages of the site on possible social networks or the general conditions, legal notices or personal data charter must be filed within 365 days following the day of origin of the problem giving rise to the complaint, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will be forever inapplicable in court.
Article 21 – Inaccuracies
It may be possible that there are, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that is inconsistent with the general conditions, legal notices or charter. of personal data. In addition, it is possible that unauthorized modifications may be made by third parties on the site or on ancillary services (social networks, etc.). We do everything we can to ensure that these types of discrepancies are corrected. In the event that such a situation escapes us, please contact us by post or by email at the addresses indicated in the legal notices of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For inquiries relating to copyright, please refer to the section on intellectual property.
All rights reserved – 0November 8, 2023