GENERAL SALES CONDITIONS

1 / Object

These general terms and conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by the Résidence du Phare on its Site and its Mobile Services.

They govern all the steps necessary for the reservation and the follow-up of the reservation between the contracting parties.

Any reservation therefore implies that the client fully and unreservedly adheres to the present conditions.

All clients acknowledge that they have the capacity to contract, i.e. that they are of legal age and are not under guardianship or trusteeship.

The names “Establishment” and “site” refer throughout this text to the site named www.residence-du-phare.com.

2 / Scope of application

These general terms and conditions of sale apply to all bookings made over the Internet, via the Website or the Mobile Services and its partners.

3 / Enforceability of the general terms and conditions

In any event, the version of the general terms and conditions of sale binding on the customer is that in force at the time of his reservation on the Website or the Mobile Services or with its partners.

4 / Reservation

Reservations can be made on the website, by telephone, by e-mail or by post.

The reservation will be effective only if it is guaranteed by the client, either by communicating a credit card number with validity date or by payment of a deposit, and after receipt of a detailed booking confirmation.

Payment for all services will be made directly to the establishment (exceptions made for prepaid reservations at the time of booking).

The establishment reserves the right to refuse any reservation if the credit card number is incorrect or the reservation is incomplete.

Reservations, whatever their origin, will be payable in Euros only.

The institution accepts the following credit cards: Visa, Mastercard and Carte Bleue and has a secure reservation system (SSL) that protects and encrypts all sensitive data transmitted at the time of booking to prevent disclosure to a third party.

At the time of booking, a 50% deposit will be charged to the credit card except in the following cases :

• “Non-cancellable – non-refundable” promotional offer where the entire stay will be charged at the time of booking.

5 / PAYMENT

The client must come to the establishment with the credit card that enabled him/her to guarantee the reservation or to make the prepayment.

The institution may also ask him/her to show proof of identity in order to prevent credit card fraud.

Payment is debited automatically during the stay, except in the case of special conditions or rates where payment is debited at the time of booking (online prepayment on some rates). This pre-payment is called a deposit.

In the case of a rate that is not prepaid online, the establishment may ask the customer, upon arrival, for a security deposit or authorization to debit the credit card, in order to guarantee payment of the sums corresponding to the services consumed on site.

There are two possible ways of paying the deposit :

• either by cheque payable to the institution and sent directly to the institution; or
• either by credit card or bank transfer.

In this case, the reservation becomes firm and definitive only on receipt of the deposit by the establishment, within the time limit.

Payment of the balance of the stay will be made on the spot to the establishment or automatically if a credit card has been registered online at the time of booking.

6 / Cancellation of stay

Any cancellation of a reservation must be requested by email to the establishment or by telephone. The request will only become effective once the establishment has confirmed its acceptance in writing.

In case of cancellation of stay, the following conditions apply (except in case of force majeure) :

• For any request made less than 14 days before the date of arrival, 50% of the amount of the stay will be charged (the amount of the deposit).
• In case of no show at the date of arrival, 100% of the stay will be charged to you
• Any stay started is entirely due.

7 / Force majeure

Force majeure is understood to mean any event that is unforeseeable, insurmountable and external to the parties that prevents either the customer or the establishment from fulfilling all or part of the obligations provided for in the contract.

Are considered as cases of force majeure or fortuitous event those usually recognized by the jurisprudence of the French Courts and Tribunals.

Each party shall not be liable to the other party in the event of non-performance of its obligations resulting from an event of 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.

8 / Prices

Prices are indicated in Euros.

The prices indicated only include the services strictly mentioned in the reservation.

To the price mentioned in the reservation will be added, at the time of invoicing, the additional services provided by the establishment during the stay and the tourist tax.

The applicable prices are those in force on the day of the reservation. The establishments, independent professionals, are free to vary their prices at any time. Only the price indicated in the booking confirmation is contractual.

9 / Claims, disputes

Any complaint must be made to the establishment within 7 days of the date of stay.

In the absence of recourse to the conventional mediation procedure or to any alternative dispute resolution method within 30 days, either party may refer the matter to the competent judicial court.

10 / Responsibilities

It is the responsibility of the Establishment to take all guarantees and insurances necessary for the reception of the public in its Establishment and for the exercise of its activity.

The institution’s liability is limited in the event of theft of goods or objects when they have been entrusted to its custody only.

The customer must ensure the custody of his goods and materials. The customer must inform the establishment of any damage he may cause. He is responsible for all damage caused by his intermediary and undertakes, in the event of damage to the premises made available (bedroom, common areas, lounge, sanitary facilities) to bear the costs of repair.

Also any behaviour contrary to morality, public order, or considered as endangering the life of others will lead the establishment to ask the client to leave the establishment without any compensation and or without any reimbursement if a payment has already been made. In the event that no payment has yet been made, the client must pay the price of the nights consumed before leaving the establishment.

The client agrees not to invite any person from outside the establishment. Unless expressly stated otherwise, the client must leave the room before 10:00 am on the day of the end of the reservation. Failing this, an additional night will be charged.

For a stay at La Résidence du Phare with your pet, please contact us in advance, we reserve the right to refuse certain animals.

La Résidence du Phare offers free WIFI access allowing guests to connect to the internet. The client undertakes to ensure that the computer resources made available to him/her by the establishment are in no way used for purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code when such authorisation is required. If the customer does not comply with the aforementioned obligations, he or she may be charged with a counterfeiting offence (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years imprisonment. In addition, the customer is required to comply with the security policy of the establishment’s Internet service provider, including the rules for using the security means implemented in order to prevent the illicit use of computer resources and to refrain from any act that would undermine the effectiveness of these means.

The photographs presented on the Site and the Mobile Services of the establishment or those of the partners are for information purposes only. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishment presented give as accurate a picture as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture or possible renovations.

The establishment cannot be held responsible for the non-execution or poor execution of the reservation in case of force majeure, due to a third party, unforeseeable and insurmountable, on the part of the customer, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in case of prepayment not authorized by the bearer’s bank.

11 / Displacement

In the event of an exceptional event or the impossibility of making the reserved room available to the client or in the event of force majeure, the establishment reserves the possibility of having the client stay totally or partially in an establishment of an equivalent category, for services of the same nature and subject to the prior agreement of the client.

Any additional cost of the room, transport between the two establishments and a telephone call remain the responsibility of the establishment.

12 / Mediation

The decree of October 30, 2015 relating to the mediation of consumer disputes, which transposes into French law Directive 2013/11/EU of May 21, 2013 relating to the out-of-court settlement of consumer disputes, and Order No. 2015-1033 of August 20, 2015 relating to the out-of-court settlement of consumer disputes, specify the conditions of application of Article L152-1 of the French Consumer Code, which requires professionals in all consumer sectors to offer a mediation procedure in the event of a dispute with their customers. According to the law, the outcome of the mediation must be reached within 90 days. We invite you to formulate your requests exclusively by e-mail, which will provide a date of your correspondence and to keep a personal archive of it.

External Mediation

You will find all official information about mediation on the government website: http://www.economie.gouv.fr/mediation-conso.

We invite you to visit the Medicys website: https://www.mieist.bercy.gouv.fr

The site of the DGCCRF : https://www.economie.gouv.fr/dgccrf

You can also consult the appeals of the European Commission :https://webgate.ec.europa.eu/odr/main/?event=main.home.show

We bring to your attention the existence of the European authority, which is called upon to issue binding decisions on disputes concerning cross-border processing activities, thus ensuring uniform application of EU rules and avoiding different responses to the same case in different jurisdictions: https://edpb.europa.eu/edpb_fr.

13 / Applicable law

The present conditions of sale are subject to French and European law.