CONDITIONS OF SALE
The purpose of the present conditions (hereinafter the “Terms of Sale”) is to define the terms and conditions under which Hôtel CARAYOU & SPA (hereinafter referred to as “the Hotel”) allows its customers (hereinafter referred to as the “Customer(s)”) to benefit from an online reservation service, available on the www.carayou.com website (hereinafter referred to as “the Site”) and described in more detail below.
Prior to any reservation on the Site, the Customer declares that he/she has full legal capacity to commit himself/herself under the present Terms and Conditions. The Customer is invited to carefully read the present Terms and Conditions of Sale, whose prior acceptance is mandatory for any reservation on the Site. The Customer is advised to save and print these Terms and Conditions of Sale using the standard features of his/her browser and computer. The Hotel reserves the right to modify or supplement, at any time, all or part of these Terms of Sale. In this case, the new version of the Terms and Conditions of Sale shall be made available on the Site with its effective date. Customers are advised to consult the Terms of Sale regularly to take note of any possible modifications. In any case, the Customer will be bound only by the version of the Terms of Sale in force at the time the Customer makes the reservation on the Site.
The Site allows the reservation of rooms in the Hotel CARAYOU & SPA.
The essential characteristics, dates of availability, price, options offered, payment conditions and special sales conditions applicable to the selected rate (guarantee policies, cancellation conditions, check-in time, etc.) are presented during the reservation process on the Site.
The Customer is invited to specify any special requests when making a reservation in the box reserved for this purpose. For example, the reservation of childcare equipment for young children, food allergies, presence of animals (for reasons of hygiene, animals are never allowed in the dining rooms).
The Site also allows the booking of extras such as the All Inclusive formula. These extras can be booked online or on site depending on availability and unless otherwise stated on the Site.
The booking process on the Site includes the following steps:
– Step 1: the information of the chosen dates and the possible application of a promotion code,
– Step 2: the results and selection of the room and rate among the rates offered by the hotel,
– Step 3: the selection of extras,
-Step 4: the summary of the characteristics of the reservation: the characteristics of the room (length of stay, options included (e.g. breakfast), the total price of the reservation including details of applicable taxes; the Customer must enter his or her arrival time and may enter special requests (food preferences, pets, etc.).
The Client must also enter his contact details (title, surname, first name, e-mail address, telephone number) and payment details (credit card).
Any confirmation of reservation will require the consultation and the preliminary validation of the present Conditions of Sale, by checking the box.
– Step 5: The hotel takes into account the reservation and summarizes the reservation (dates, extras, price).
All reservations are deemed to have been made as soon as the Customer clicks on the “Book” page.
In the case of a prepaid reservation, the Customer must click on the “Pay Now” button.
The Customer can make a reservation on the Site within the limit of ………. rooms. Beyond this limit, the Customer is requested to contact the Hotel by telephone or by e-mail using the contact information provided on the Site.
Rooms will be available on the day of arrival from 3:00 p.m. (local time) until the day of departure, 12:00 p.m. (local time).
Any early arrival or late departure must be requested from the Hotel and may be subject to additional billing (price of an additional night).
Upon arrival at the Hotel, the Client will be asked to present an identity document in order to verify his/her identity.
The prices for the reservation on the Site are indicated before, during and after the reservation.
The prices indicated are per room for the number of person(s), the date selected and the extras subscribed.
At the time of confirmation, the Customer is informed of the total price in euros, including all taxes, which the Customer must pay (including tourist tax).
Unless otherwise mentioned on the Site, the extras that are not proposed at the time of the reservation on the Site are not included in the price.
The tourist tax, which is not included in the price and is presented during the reservation process on the Site, must be paid directly to the Hotel.
The prices take into account the VAT applicable on the day of the reservation and any change in the applicable VAT rate will automatically be reflected in the price 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 price indicated on the date of billing.
Certain promotional offers are only available on the Site.
The Client benefits from a 10% discount on the rate (excluding extras) if he agrees to pay his reservation immediately.
The Customer communicates his/her payment data either (i) to confirm the reservation before the stay, (ii) or to prepay his/her stay within the framework of the “Pay Now & Save 10%” offer, by indicating directly, in the zone provided for this purpose (secure entry) the bank 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 stay) and the visual cryptogram within the framework of a prepayment via the payment platform………………. in order to secure online payments by credit card.
The Customer’s payment card is subject to a validity check by this partner and may be refused for several reasons: stolen or blocked card, ceiling reached, input error, etc. In the event of a problem, the Customer must contact his or her bank on the one hand, and the Hotel on the other, to confirm the reservation and the method of payment.
The means of online payment available and mentioned on the payment page of the Site, may be Visa and Mastercard. This list is subject to change.
The Customer must present to the Hotel the credit card that was used to guarantee the reservation or to make the prepayment.
At the time of prepayment, the total amount of the reservation is debited from the credit card. This amount includes the total amount indicated at the time of the reservation (including all applicable taxes, with the exception of tourist taxes) and, if applicable, the price of the extras selected by the Client.
In the case of a prepaid stay, no refund will be made to the Customer in the event of cancellation or modification by the Customer or if the Customer does not show up on the dates booked.
An invoice will be sent in electronic format to the e-mail address provided by the Customer at the time of reservation; if the Customer wishes to receive an invoice in paper format, he/she must expressly request it from the Hotel.
The guarantee of the reservation by credit card is understood to be the taking of the Customer’s payment data at the time of the reservation. The Customer’s credit card will not be debited and payment for the stay will be made directly to the Hotel on the day of arrival, unless the Customer does not show up at the Hotel and has not previously cancelled the reservation in accordance with the cancellation conditions of the reserved rate.
If the Customer has not prepaid his/her stay online, either :
the Customer arrives at the Hotel on the dates reserved, the payment of the entire stay is made directly to the Hotel on the day of arrival. Any consumption or expenses incurred by the Client on the premises must be paid by the Client to the Hotel on the day of departure;
– If the Customer does not check in with the Hotel on the first day of the reservation, the Hotel will send a debit request to the Customer’s bank for the amounts indicated in the Cancellation Policy below.
If the Customer has not prepaid his/her stay online, the Hotel reserves the right to ask the Customer, upon arrival, for a pre-authorization to guarantee payment of the amounts corresponding to the services consumed on site.
Stays paid for on the Site as part of the “Pay immediately&Save 10%” offer cannot be cancelled or modified by the Customer.
Stays pre-booked on the Site can be cancelled and modified without charge or condition up to 24 hours before the Customer’s arrival date.
In case of cancellation after this date or no-show at the Hotel, a penalty of 100% of the amount of the first night will be applied and debited from the Customer’s credit card.
NO RIGHT OF WITHDRAWAL
For online room reservations, the Customer is reminded that he/she does not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code, and this in accordance with Article L. 221-28 paragraph 12 of the Consumer Code which excludes this right for contracts relating to the provision of accommodation services that must be provided on a specific date or at a specific time.
6.1 The Customer is solely responsible for his or her choice of room and date on the Site and their suitability for his or her needs, so that the Hotel cannot be held liable in this respect.
The Customer is also solely responsible for the information provided at the time of booking a stay. The Hotel shall not be held liable for any erroneous or fraudulent information provided by the Customer. The Customer undertakes to use the Site in compliance with the applicable regulations and these Terms and Conditions. If the Customer fails to comply with his obligations under these Terms and Conditions of Sale, the Customer shall be liable for any damage caused by him to the Hotel or to third parties. In this respect, the Customer undertakes to indemnify the Hotel against all claims, actions or recourses of any kind that may result and to compensate the Hotel for any damages, costs or compensation whatsoever relating thereto.
6.2 Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for any reason attributable to the Customer shall result in the cancellation of the reservation for the stay at the Customer’s expense, without prejudice to any action that the Hotel may take against the Customer.
6.3 The Customer must not smoke in the common areas of the Hotel or in the rooms, as the Hotel is 100% non-smoking.
6.4 The Customer must not disrupt the operation of the Hotel and must not jeopardize the safety of the Hotel or the people in it. More generally, any behavior that is contrary to public morality and order within the Hotel, as well as any failure to comply with the Hotel’s internal regulations, will lead the Hotel manager and/or any other service provider appointed by the latter to ask the Client to leave the premises without any compensation and/or without any reimbursement if payment has already been made. If no payment has yet been made, the Customer must pay the price of the stay consumed before leaving the premises.
6.5 In their dealings with the Hotel, the Customer undertakes to remain courteous and not to make any derogatory remarks, in particular to the Hotel’s employees or collaborators, in accordance with the rules of common sense and politeness. The Hotel reserves the right to take any and all appropriate measures against the Customer in the event of prejudicial or reprehensible behavior (in particular, untoward, malicious or insulting behavior) towards the Hotel, its employees or associates.
6.6 Minors may only stay at the Hotel if accompanied by an adult and provided with personal identification. If the accompanying person is an adult other than the parents, he or she must have parental authorization from the child’s parents. The Hotel may ask for this information.
6.7 The Customer also undertakes to ensure that the computer resources made available by the Hotel (in particular the WiFi network) are not used in any way for the purposes of reproduction, representation, making available or communicating to the public works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the French Intellectual Property Code, where such authorization is required. The Customer is also required to comply with the security policy of the Hotel’s Internet service provider, including the rules for the use of security measures implemented to prevent the unlawful use of computer resources, and to refrain from any act that undermines the effectiveness of these measures. The Customer is responsible for all damage caused by him and/or his guests within the Hotel and shall bear all costs arising from such damage and/or from failure to comply with the above rules.
Neither party shall be liable to the other party in the event of non-performance of its obligations resulting from 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. The cases usually recognized by the jurisprudence of the Court of Cassation are considered as force majeure. If the case of force majeure lasts more than thirty (30) days from its occurrence, these Terms of Sale may be terminated by any of the parties without either of them being entitled to claim damages.
In the event of force majeure, an exceptional event or the impossibility of making the reserved Hotel room available to the Customer, the Hotel may reserve the right to offer the Customer other accommodation within the Hotel. The Customer may accept this offer and, if applicable, in the case of a prepaid stay, the Customer will be reimbursed the difference if the room offered is of a lower category than the one reserved. The Customer may refuse this proposal and in this case, in the case of a prepaid stay, will be fully refunded by the Hotel.
CONTACT, CUSTOMER SERVICE AND COMPLAINTS
To make a reservation for a stay available on the Site, or for any questions related to the proper execution of a stay booked on the Site (requests for additional information, modification or cancellation of a reservation), the Customer may contact the Hotel from Monday to Sunday, from 8:00 a.m. to 10:00 p.m. (local time), by telephone at +596 596 66 04 04 (price of a local call) or by e-mail at firstname.lastname@example.org.
9 PERSONAL DATA-BLOCTEL
When the Customer uses the Site, in particular when making a reservation, the Hotel processes personal data under the conditions described in the “Personal Data” section at the bottom of the Site.
The Customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers and information by the presence of an asterisk.
If the Customer fails to provide information identified as mandatory, the Hotel will not be able to record a reservation.
Thus, the information collected in connection with the Customer’s reservation is intended for the Hotel, its entities, its partners and its service providers (in particular online payment service providers) for the purposes of making the reservation.
The Customer may at any time exercise his/her rights under the regulations governing the protection of personal data. All information useful for this purpose is indicated in the section “Personal Data”.
In accordance with Article L.223-1 of the French Consumer Code, the Customer who does not wish to be the subject of commercial prospecting by telephone can register free of charge on a list of opposition to telephone prospecting. This list is accessible via the following site: www.bloctel.gouv.fr.
La saisie des informations bancaires requises ainsi que l’acceptation des présentes Conditions de Vente par voie électronique constitue un contrat électronique entre les parties qui vaut preuve entre les parties de la réservation du séjour et de l’exigibilité des sommes dues en exécution de ladite réservation.
Les Conditions de Vente applicables expriment l’intégralité des obligations des parties. Aucune autre condition communiquée par le Client ne pourra s’y intégrer.
Si une ou plusieurs stipulations des Conditions de Vente sont tenues pour non valides ou déclarées comme telles en application d’une loi, d’un règlement ou à la suite d’une décision passée en force de chose jugée d’une juridiction compétente, les autres stipulations garderont toute leur force et leur portée.
La langue faisant foi est le français. La langue française prévaudra sur toute autre traduction en cas de contestation, litige, difficulté d’interprétation ou d’exécution des présentes conditions et de façon plus générale concernant les relations existant entre les parties.
Le Client reconnait et accepte que l’Hôtel puisse céder les présentes Conditions de Vente ainsi que l’ensemble des droits et obligations qui y sont attachés, à tous tiers, sans accord préalable et écrit du Client. Le Client accepte qu’une telle cession libère l’Hôtel pour l’avenir.
Le Client ne peut céder les Conditions de Vente, ni les droits et obligations qui y sont attachés aux tiers sans l’accord préalable et écrit de l’Hôtel.
11 DROIT APPLICABLE ET REGLEMENT DES LITIGES
Les Conditions de Vente sont régies par le droit français, sans faire obstacle aux dispositions impératives protectrices éventuellement applicables du pays de résidence des consommateurs.
Le Client est informé par l’Hôtel de la possibilité de recourir, en cas de contestation relative aux présentes Conditions de Vente à une procédure de médiation conventionnelle ou à tout autre mode alternatif de règlement des différends, dans les conditions prévues au Titre Ier du Livre VI du Code de la consommation.
Après avoir saisi le service client de l’Hôtel pour tenter de résoudre le litige à l’amiable, et en cas de réponse négative ou de l’absence de réponse dans un délai de soixante (60) jours à compter de la saisine, le Client peut saisir le Médiateur du Tourisme et du Voyage – BP 80303 – 75823 Paris Cedex 17
L’Hôtel informe également le Client de l’existence d’une plateforme européenne de Règlement en Ligne des Litiges (« RLL ») à laquelle il peut recourir. Le Client peut y accéder depuis le lien suivant : https://ec.europa.eu/consumers/odr/.