GENERAL TERMS AND CONDITIONS OF SALE, INTERNAL REGULATIONS
GENERAL TERMS AND CONDITIONS OF SALE
1. Purpose: These general terms and conditions define the rights and obligations of the parties within the framework of remote booking of services offered by our accommodation "Le Cémarose Gîte & Spa," owned by SCI LA SPARNACIE, whose contact details are specified in this booking confirmation document. They govern all the steps necessary for booking and managing 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 for the reserved rate, accessible on our booking platform.These general terms and conditions of sale apply to all bookings made online, via our booking platform.
2. Booking: The customer selects the offer and services presented on our booking platform. They acknowledge having reviewed the nature, destination, and booking terms of the offer and services available on our booking platform and having requested and obtained all necessary and/or additional information to make their booking with full knowledge of the facts. The customer is solely responsible for their choice of offer and services and their suitability for their needs; therefore, we cannot be held liable in this regard. The booking is deemed accepted by the customer upon completion of the booking process.
3. Booking process:Reservations made by the customer are processed via the online booking form accessible on our booking platform. The reservation is considered confirmed upon receipt of the booking form. Prior to making any reservation, the customer agrees to complete all required information on the booking form or request. The customer attests to the truthfulness and accuracy of the information provided. After the final selection of services to be booked, the booking process includes, in particular, entering credit card details if a guarantee or prepayment is required, reviewing and accepting the general terms and conditions of sale and the specific terms and conditions of the selected rate before confirming the reservation, and finally, the customer's confirmation of the reservation.
4. Booking confirmation: Our booking site acknowledges receipt of the customer's booking by sending an email without delay. In the case of online booking, the booking confirmation email summarizes the contract offer, the services booked, the prices, the terms and conditions of sale relating to the selected rate, accepted by the customer, the date of booking made, information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit their complaints.
5. Prices: The prices for booking services are indicated before and during the booking process. Prices are confirmed to the customer inclusive of all taxes, in the establishment's commercial currency, and are valid only for the period indicated on the booking platform. If the establishment is charged in a currency other than the one confirmed on the booking, the exchange fees are the responsibility of the customer. All reservations, regardless of origin, are payable in the establishment's local currency, unless otherwise specified on site.
The tourist tax and the cleaning service are not included in the rental price but are mandatory. The client can add the cleaning service at the time of booking. If the cleaning service is not included at the time of booking, the amount corresponding to the cleaning fee, depending on the length of stay, will be payable on site by check or cash.
INTRACOM VAT: VAT not applicable, art 293 B of the CGI.
6. Payment: Payment is debited at the time of booking, amounting to 20% of the total price of the stay, constituting the deposit payment.
The balance will be settled between 30 days and 15 days before the start date of the stay according to the conditions which will be defined in the email sent to the client: either by bank transfer, or via Stripe, or in cash on site for last minute bookings.
The validity of the customer's payment card is verified by stripe.com. A payment card may be declined for several reasons: stolen card, blocked card, spending limit reached, incorrect entry, etc. In case of a problem, the customer should contact their bank and the establishment to confirm their reservation and payment method. We can generate an electronic invoice/receipt upon request.
7. Privacy Policy: On each personal data collection form, the customer is informed whether responses are mandatory or optional by the presence of an asterisk. The information processed is intended for our establishment, our business management tool: elloha.com, its entities, its partners, and its service providers (including online payment providers). The customer authorizes elloha.elloha.com may share personal data with third parties only if such sharing is compatible with the performance of elloha.com's obligations under these terms and conditions and in accordance with the Customer Privacy Policy. Specifically, during online payment, the customer's bank details must be transmitted by the payment provider stripe.com to the establishment's bank for the execution of the booking contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate personal data protection as defined by the French Data Protection Act (Loi Informatique et Libertés). However, the customer consents to this transfer, which is necessary for the execution of their booking. Constellation SAS / Stripe.com, acting in their professional capacity, have committed to the establishment to take all necessary security measures and ensure the confidentiality of data for these data transfers.
8. Evidence Agreement: Entering the required bank details, along with accepting these terms and conditions and the booking confirmation or request, constitutes an electronic signature which, between the parties, has the same legal value as a handwritten signature. The computerized records stored in the computer systems of our business management tool, elloha.com, will be kept under reasonable security conditions and considered proof of communications, orders, and payments between the parties. The customer is informed that their IP address is recorded at the time of booking.
9. Dispute Resolution - Consumer Mediation: 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 be applicable in the country of residence of the consumers.
In accordance with Article L612-1 of the Consumer Code, in the event of an unresolved dispute, the customer may resort to a consumer mediator:
SAS Mediation Solution
27, avenue de la Libération, 42400 Saint-Chamond, France
Telephone: +33 (0)9 88 30 27 72
Website: https://www.sasmediationsolution-conso.fr
10. Entire Agreement: These General Terms and Conditions of Sale, the internal regulations of the gîte and spa, the terms and conditions of sale for the rate reserved by the client, and the booking confirmation or request constitute the entire agreement between the parties. No general or specific terms and conditions communicated by the client shall be incorporated into these General Terms and Conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the booking confirmation or request (including the specific conditions of the reserved rate) and these general terms and conditions, along with the house rules. In the event of any conflict between the booking confirmation and the general terms and conditions, the provisions contained in the booking confirmation shall prevail with respect to the obligation in question. These general terms and conditions of online sale may be modified and/or supplemented by the establishment at any time. In this case, the new version of the general terms and conditions of online sale will be published online by the establishment. Once published online, the new version of the general terms and conditions of online sale will automatically apply to all customers.
11. Rental period: The accommodation ""Le Cémarose Gîte & Spa"" is rented for a period defined at the time of booking, determined in the rental contract. Under no circumstances may a customer claim any right to remain on the premises outside of this period.
12. Cancellation Policy: Cancellations must be notified by email to "Cémarose Gîte & Spa". The request will only become effective once the establishment has confirmed its acceptance in writing. Cancellations and/or modifications to reservations may be permitted according to the rate plan chosen by the Client. Depending on the date of cancellation and/or the chosen offer, all or part of the cost of the stay will be charged to the Client under the following conditions:
a: Cancellation by the tenant: The customer is reminded, in accordance with Article L. 121-21-8 12° of the Consumer Code, that he does not have the right of withdrawal provided for in Article L. 121-21 of the Consumer Code.
Reservation made as part of a Standard Offer
Cancellation more than 30 days before the start of the stay or within 24 hours of the booking date: refund of payments made. (Less bank transaction fees. Flat rate of €15)
Cancellation between 16 and 30 days before the start of the stay: 50% of the amount of the stay will be retained.
Cancellation 15 days (at midnight) or less before the scheduled arrival date or no-show: the entire stay will be due except in the case of relocation.
In the event of early departure during the stay, the price of the Rental, additional services and package will remain fully payable to the Establishment .
Reservation made under a non-refundable, non-cancellable and non-modifiable offer referred to as the "Non-refundable Offer"
No changes or cancellations will be accepted, and the total amount of the stay and/or package will remain due to the establishment without the client being entitled to any refund. You can purchase cancellation insurance to cover this risk from our partner at the time of booking.
b: Cancellation by the landlord: In the event of force majeure on the part of the landlord (unusable property, breakdown of an essential element such as heating, serious illness, death, etc.), the reservation cannot be maintained. In this case, 100% of the sums paid will be refunded. In the event of non-compliance with any element of the general terms and conditions of sale or the house rules during the stay, the landlord reserves the right to terminate the contract at any time. No sums paid will be refundable and the security deposit may also be deducted in serious cases.
13. Reception - Condition report - inventory:
In accordance with French regulations, foreign clients may be required to complete a police registration form upon arrival. (Article R814-1 et seq. of the Code on the Entry and Residence of Foreigners and the Right of Asylum) .
The Cémarose Gîte & Spa is operated by SCI LA SPARNACIE, a company subject to Corporation Tax (IS). The activity falls under short-term furnished rental not subject to VAT pursuant to Article 293 B of the General Tax Code, in the absence of para-hotel services as defined by current tax regulations (BOFiP-BOI-TVA-CHAMP-10-10-50-20).
The property offers self-catering furnished accommodation with limited additional services , including:
- linen is provided and beds are made upon arrival.
- Cleaning is only done between each stay .
- independent access to the accommodation via a secure key box ,
No breakfast service, mid-stay cleaning, linen changes during the stay, or regular physical reception are offered.
The client retains exclusive use of the accommodation for the duration of their stay.
The tenant who signs the rental agreement is solely responsible for the actions of all occupants of the cottage, including children.
A video inspection is carried out before the arrival of the guests. Any discrepancies noted in the inspection report or any malfunctions must be reported to the owner within 24 hours of taking possession of the accommodation. Otherwise, the tenant will be held responsible and the replacement or repair will be at the tenant's expense.
14. Security Deposit: The security deposit is set at €1000 . It will be paid by credit card via a pre-authorization on a card eligible for this type of transaction. (Amount not debited – credit card limit not affected)
Reasons for using the security deposit:
Failure to comply with one or more clauses of the general terms and conditions of sale
Failure to comply with one or more clauses of the internal regulations
Damage to furniture, real estate, plants or cultivated or landscaped areas.
Failure to pay for services at the end of the stay
If we need to use all or part of the security deposit, the required amount will be deducted immediately if the amount is known. If the repair requires a professional or the replacement of an item or appliance, the entire security deposit will be deducted pending the issuance of a repair or replacement invoice. This invoice will then be sent to the tenant as proof of payment, and any overpayment will be refunded. If the invoice amount exceeds the security deposit, the tenant will be responsible for the remaining balance.
15. Capacity and access: The rental agreement is for a maximum capacity of 6 people . The cottage, spa, and outdoor areas are reserved exclusively for guests of the cottage. If the number of tenants exceeds the maximum capacity, we reserve the right to refuse entry to the additional people. Any modification or termination of the contract will be considered to be at the client's initiative.
Access to the cottage is independent and is via a key box, the code for which will be provided to you before your arrival.
16. Arrival and departure
Arrival times are scheduled for the afternoon from 5:00 PM.
Departure times are scheduled for the morning before 11:00 AM.
The tenant must inform the owner of their arrival and departure times as soon as possible.
17. "Holiday" Insurance:The tenant is obliged to take out with his Insurance Company a Rental Civil Liability protection called "HOLIDAY" covering all the premises entrusted to him, for damages such as fire, explosion, water damage which may be caused by himself or by his guests during the rental period.
18. Charges: Water and electricity consumption are included in the rental price (excluding electric vehicle charging), within normal usage limits. Bed linen, towels, and household linen, as well as linen cleaning, are included in the rental price.
A special feature of the spa : A dedicated meter allows you to view the jacuzzi's electricity consumption during your stay. A reading will be taken at the beginning and end of your stay.Abnormally high energy consumption would indicate that the insulating cover has not been replaced. In this case, a "spa energy" fee will be charged or deducted from the deposit (€20 per day).
19. Responsibilities and Force Majeure: The photographs displayed on our booking platform are not contractual. While every effort is made to ensure that the photographs, graphic representations, and texts used to illustrate the establishments presented provide as accurate a view as possible of the services offered, variations may occur between the time of booking and the day the service is used.
Force majeure is understood to mean any external event which is both unforeseeable and insurmountable and which prevents the establishment from fulfilling all or part of the obligations stipulated in the contract. Therefore, the establishment cannot be held liable for the non-execution or improper execution of the reservation in cases of force majeure, actions of third parties, or actions of the client, including but not limited to internet network unavailability, inability to access the website, external intrusion, computer viruses, or in the event of unauthorized prepayment by the cardholder's bank. Any reservation or payment that is irregular, invalid, incomplete, or fraudulent for a reason attributable to the client will result in the cancellation of the reservation at the client's expense, without prejudice to any civil or criminal action against the client.
INTERNAL REGULATIONS
1. Cottage maintenance: The "CLEANING" service includes cleaning the cottage, maintaining the spa, outdoor areas, cleaning bed linen and towels as well as household linen.
The "CLEANING" service does not exempt you from tidying up the premises.
For your departure, you are asked to:
Put away: return the equipment and furniture to their place.
Remove your personal belongings and your waste.
Place used towels in the bathrooms.
Put the furniture away outside. If using the barbecue, empty the ashes into the compost bin at the back of the garden.
The establishment reserves the right to charge for and deduct from the security deposit any additional cleaning hours that may result from a clearly abusive situation in this regard.
Bed linen and other household linen (bed sets, towels, dish towels...) are provided. Each mattress and pillow is equipped with a protector and mattress protector. The beds will be made upon your arrival.
A kit is provided in the cottage (garbage bags, sponges, coffee filters, laundry detergent, dishwasher tablets, cleaning products, salt, pepper, vinegar, oil, coffee...)
Please do not throw anything in the toilet bowl except toilet paper.
Outdoor space: depending on the length of your stay (long or short), we may need to take care of things like mowing the lawn, watering the flowers, and maintaining the spa. We will ensure that your privacy is respected.
2. Waste sorting
The city of Epernay practices waste sorting. You will find:
A sliding bin near the sink for recyclable waste: all plastic, metal and cardboard packaging (yellow bags provided).
Another bin nearby for regular waste: nappies, masks, vacuum cleaner bags, the contents of the bathroom bin (cotton balls, wipes, used toothbrushes, disposable contact lenses, sanitary napkins…) (Regular bin bag provided)
Biodegradable materials (vegetable and fruit peelings, etc.) should be placed in the small bin under the sink. This bin should be emptied at the end of your stay, either into the compost bin located at the bottom of the garden or into the general compost bin.
Glass: Glass must be transported and disposed of in municipal containers which are placed in various locations throughout the city.
3. TV, WIFI, internet connection:
Internet Trust Charter:The cottage benefits from a high-speed internet connection (fibre), a smart TV with access to the Netflix platform (free access), an Orange decoder with access to TNT channels and Orange TV.
Internet access: reminder of the terms of the HADOPI law: "No illegal downloading of copyrighted works, and no visiting websites whose content is prohibited by law." The tenant hereby agrees to comply with the terms of the HADOPI law. The tenant is responsible for the use of the internet access provided during the rental period. Browsing is done at their sole risk.
4. Use of the jacuzzi: Use of the jacuzzi is subject to acceptance of the regulations specific to this equipment.
5. Parking and use of the electric vehicle charging station.
Parking on the property: a charging station is available in front of the house in a private parking space. Access is reserved for guests of the gîte only. A charge for electricity consumption, based on meter readings, will be issued at the end of your stay: €0.50 per kWh (2024/2025 rate).
Charging station features: Hager Witty 7 KW charging station (charging in 5 to 7 hours depending on the vehicle model). Universal type 2TS socket.Street parking . If you are arriving with several vehicles, you can park easily and for free on the street. However, you must ensure that you comply with the alternating one-way parking rule (all vehicles park on the same side of the street for a period of 15 days and switch sides at the end of this period).
6. Safety and etiquette guidelines:Please respect the tranquility of the premises and use them in accordance with their intended purpose. Noise levels, both inside and outside the property, must be kept to a minimum to respect the peace and quiet of the neighborhood. To ensure the well-being of our neighbors, we ask that you refrain from making noise and playing music outdoors in the evenings after 10:00 PM and before 7:00 AM.
Smoking is strictly prohibited inside the accommodation.
Note: there is a smoke detector in the accommodation.
Throughout your stay, children are the responsibility of their parents. The spa, although above ground and protected by an insulating cover, can still present a drowning hazard. Do not leave children unattended near the uncovered spa.
Tenants agree to keep windows closed in case of rain (especially during thunderstorms). Windows must be closed when the premises are unoccupied. Any damage caused by rain inside the rooms (particularly to parquet floors) will be the tenant's responsibility.
Pets are not allowed.
Barbecue: the barbecue must not be used on the terrace.
Maintenance: Depending on the length of your stay (long or short), we may need to take care of things during your stay such as mowing the lawn, watering the flowers, and maintaining the spa. We will ensure that your privacy is respected.
In case of a problem: In the event of a breakdown or malfunction, please contact us immediately. We will then do our best to resolve the situation. No refund for troubleshooting or repairs will be issued without our prior agreement.
In case of breakage, damage or deterioration, please report it during your stay, even if no damage seems apparent.