General terms and conditions of sale - Le Refuge de l'oncle Emile - INDIVISION BOUNOUS / LA VIGNA (IBL)
These general terms and conditions of sale bind LE REFUGE DE L'ONCLE EMILE to its customers and apply within the framework of the regulations in force and, in particular, the regulatory part of Book II of the Tourism Code setting out the conditions for the exercise of activities relating to the organisation and sale of trips or holidays.
All bookings imply acceptance of these general terms and conditions of sale.
ARTICLE 1 - PURPOSE - CAPACITY
These General Terms and Conditions apply to all bookings made with the establishment LE REFUGE DE L'ONCLE EMILE - 23 Impasse Pra Barnéoud - Dormillouse - 05310 FREISSINIERES.
The customer acknowledges that he/she is of legal age (18) and that he/she is not subject to any guardianship or trusteeship measures prohibiting him/her from making the reservation.
The Customer also declares that he/she will use the Site in accordance with these GTC, in his/her own name and in the name and on behalf of all the beneficiaries of the services ordered by him/her on the Site, for whom he/she acknowledges that he/she is the authorised representative (hereinafter: the "Beneficiaries") and to whom these GTC will be enforceable.
The Customer is financially responsible for the use of the site made both in his name and on behalf of the Beneficiaries, unless he can demonstrate fraudulent use not resulting from any fault or negligence on his part.
The Customer guarantees the truthfulness and accuracy of the information provided by him in his own name and in the name and on behalf of all the Beneficiaries using his data on the Site.
LE REFUGE DE L'ONCLE EMILE reserves the right at any time not to contract with a Customer who makes fraudulent use of the site or who contravenes these GTC.
Bookings made online cannot be modified on site, i.e. no additional adults or children. LE REFUGE DE L'ONCLE EMILE reserves the right to refuse a full booking if this condition is not met on the day and on site.
Article 2 - PRICES
2.1 Determining tariffs
The prices published are subject to change according to internal commercial decisions or new regulatory decisions (e.g. VAT).
Prices are per room for the number of people and for the services strictly indicated at the time of booking. Prices include charges and VAT, with the exception of :
- the cost of additional services offered on the website or ordered during the stay ;
- tourist tax: this tax is set by regulation and is collected by LE REFUGE DE L'ONCLE EMILE on behalf of the commune. It must be paid in addition to the price, either on site or at the time of booking.
Additional services will appear on the invoice and must be paid with the balance of the stay.
Prices correspond to the dates of stay selected, under the sole responsibility of the Customer.
2.2 Rate changes
The prices mentioned on the site may be modified at any time by LE REFUGE DE L'ONCLE EMILE without prior information or notice. Only the price indicated in the booking confirmation by LE REFUGE DE L'ONCLE EMILE is contractual.
No stay booked before the introduction of a promotional offer will be refunded, even partially.
In the event of a variation of more than 2 % in taxation, LE REFUGE DE L'ONCLE EMILE reserves the right to pass on the said variation to the price of the holiday. However, no price revision may be applied in the thirty days prior to departure.
The rates, terms and conditions of a booking have been established for the sale of guest rooms in accordance with their primary purpose (accommodation). LE REFUGE DE L'ONCLE EMILE reserves the right to modify the rates, terms and conditions, or simply to cancel the booking, if the rooms are used for other purposes such as photo shoots, film shoots, showroom, or interviews...
In this respect, IBL LE REFUGE DE L'ONCLE EMILE remains the sole owner of the intellectual rights and in particular the right to the image of the elements of its house.
IBL LE REFUGE DE L'ONCLE EMILE endeavours to ensure that the description and photos of the house illustrate as accurately as possible the rooms, communal areas and services offered. However, they are presented on the website for information purposes only. Therefore, no price reduction will be granted if the room or communal areas do not have an unobstructed view or do not present the same situation and/or layout as on the website.
ARTICLE 3 - PAYMENT TERMS - DEPOSIT
In order to confirm a booking with LE REFUGE DE L'ONCLE EMILE, the customer must pay the full amount of the deposit requested at the time of booking. This deposit, depending on the dates of booking and stay, corresponds to all or part of the price of the stay. The amount of this deposit will be specified at the time of booking.
Failure to do so may result in LE REFUGE DE L'ONCLE EMILE refusing to welcome the client at the place of stay and this failure to pay the deposit may be considered as a last-minute cancellation.
At the time of booking, customers provide their bank details as a guarantee for the booking.
In accordance with article L. 221-18, 12° of the French Consumer Code, the right of withdrawal does not apply to accommodation, transport, catering and leisure services. Therefore, customers who have made a reservation via the internet or by telephone may not, under any circumstances, claim the right of withdrawal available to consumers when they enter into a distance selling contract.
ARTICLE 4 - CANCELLATION OR MODIFICATION OF THE STAY
4.1 Modification
Any modification of the initial reservation by the customer concerning one of the following points: dates of stay, type of room, type of stay - is equivalent to a cancellation of the initial reservation and a new reservation.
In this case, the cancellation conditions for the original booking will apply automatically.
4.2 Cancellation
Customers wishing to cancel their stay must inform LE REFUGE DE L'ONCLE EMILE in writing.
For any cancellation of a stay at the request of the customer, less than 30 days before arrival, the total amount of the deposit paid at the time of booking will be retained by LE REFUGE DE L'ONCLE EMILE as cancellation charges.
In the event of no-show or early departure at the customer's request, the total amount of the reservation, i.e. the total price of the stay including taxes, will be debited.
LE REFUGE DE L'ONCLE EMILE reserves the right to re-let a reserved room without delay in any of the following cases:
- Cancellation by the customer.
- Modification of the reservation by the customer.
- Customer no-shows: in the absence of specific information, customers who do not arrive at the hotel on their scheduled arrival date (by 11.59pm at the latest) will be deemed to have wished to cancel their entire stay.
- Errors made by the customer when making a reservation (dates, number of rooms, type of room).
Cancellation by LE REFUGE DE L'ONCLE EMILE: The company reserves the right to cancel the holiday 24 hours before the customer's arrival.
*The mountain is a magnificent environment, but it remains hostile and unpredictable (weather, risk of avalanche, landslide and many other phenomena). For this reason, LE REFUGE DE L'ONCLE EMILE reserves the right to cancel your booking up to 24 hours before your arrival for your own safety.
*As the refuge is located in an area that is difficult to access and is powered by photovoltaic, thermal and wood pellets, LE REFUGE DE L'ONCLE EMILE reserves the right to cancel your reservation up to 24 hours before your arrival in the event of a breakdown or technical problem.
Your stay will be refunded in full by bank transfer.
ARTICLE 5 - TERMS AND CONDITIONS OF PAYMENT
5.1 Payment of the balance of the stay and additional services
The outstanding balance for the accommodation service and any additional services consumed and/or ordered by the customer must be paid no later than the day of departure.
For long-term stays, the price must be paid every week.
In application of article 2102 of the French Civil Code, customers may not oppose the retention of their baggage if they refuse to pay.
5.2 Security deposit - Payment of supplements and additional services
A security deposit may be requested on arrival by means of a credit card debit authorisation.
LE REFUGE DE L'ONCLE EMILE reserves the right to charge the customer, using the credit card given as a guarantee at the time of booking or on arrival, for any consumption, overnight stays or extras that have not been paid for on the day of departure. The same applies to any offence or damage noted after the customer's departure, the amount of compensation will be debited from the customer's card. The customer may request an invoice for these charges.
5.2 Terms of payment
Visa, Mastercard and American Express are accepted for payment of the deposit and the final bill. Bank cheques are not accepted. It is also possible to pay in cash. LE REFUGE DE L'ONCLE EMILE reserves the right to ask the customer on arrival for the credit card used to make the reservation and valid identity documents for all the occupants of the room, failing which access to the rooms and communal areas may be refused.
Failure to pay will result in the immediate expulsion of the customer, subject to legal proceedings for payment of the amount due.
ARTICLE 6 - ASSIGNMENT OF CONTRACT
The customer(s) may not transfer the contract before departure to a third party.
ARTICLE 7 - ORGANISATION OF THE STAY
7.1 Arrival and departure times
Rooms are available from 4pm and must be vacated by 10am at the latest.
7.2 Restoration :
Breakfast is served from 07:00 to 09:30 in the communal living area.
Snacks are served from 4.00 pm to 5.30 pm.
Dinner will be served at 7.30pm.
IT IS STRICTLY FORBIDDEN TO EAT IN THE ROOMS.
7.3 No smoking
Please note that smoking has been banned in all public places since 2 January 2008. It is also absolutely forbidden to smoke in the rooms for obvious reasons of safetý and comfort (non-compliance will result in compensatioń of the amount of the night). It is forbidden to use gas appliances and any dangerous or polluting equipment in the rooms.
7.4 Animals
Pets of any kind are not allowed in the rooms or on the premises.
7.5 Minors
Access to the house is refused to minors (under the age of 18) unaccompanied by adults. Minors, and in particular young children, remain under the sole responsibility and supervision of their parents, especially in communal areas.
ARTICLE 8 - LIABILITY
8.1 Liability
Under no circumstances can LE REFUGE DE L'ONCLE EMILE be held responsible for circumstances beyond its control, for the actions of third parties not involved in the provision of the services provided for in the contract or for the poor performance of the contract attributable to the customer. It is also specified that additional services outside the scope of the agreement, as well as pre- and/or post-carriage taken at the sole initiative of the customer, are in any case the exclusive responsibility of the external service providers in charge of organising them.
The Customer is advised to be covered for civil liability (bodily injury or property damage) and for holiday theft.
There is no individual insurance attached to the booking. The insurance policies taken out by LE REFUGE DE L'ONCLE EMILE cover its responsibilities in accordance with the regulatory part of Book II of the Tourism Code setting out the conditions for the exercise of activities relating to the organisation and sale of trips or holidays.
The information provided by us concerning the sports and leisure activities available around the house is given for information only. IBL LE REFUGE DE L'ONCLE EMILE cannot be held responsible if one or other of these activities is no longer available or can be carried out under different conditions.
8.2 Flights
Under no circumstances will the establishment be liable for theft or damage to valuables left by the Customer in the establishment's rooms.
8.3 Liability insurance
LE REFUGE DE L'ONCE EMILE declares that it has professional indemnity insurance taken out with an insurance company for accommodation services only.
8.4 Loss or non-return of the room key
During your stay, you will be given a key allowing you free access to your room; if you lose it or fail to return it, you will be charged €150 to replace it. (Secure key, plus change of lock). It is therefore essential to return the room key on departure.
ARTICLE 9 - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE - RULES OF PROCEDURE
The general terms and conditions of sale apply to all bookings. Any reservation implies acceptance of these general and special conditions, which the Client acknowledges having read. They also constitute acceptance of the hotel's internal regulations.
In the event of non-compliance with the internal rules of LE REFUGE DE L'ONCLE EMILE and these general conditions, LE REFUGE DE L'ONCLE EMILE reserves the right to refuse access to its hotel, without any reimbursement whatsoever to the Client.
ARTICLE 10 - COMPLAINTS
10.1 Complaints
Any complaint concerning a trip or holiday must be sent by registered letter with acknowledgement of receipt to the attention of IBL LE REFUGE DE L'ONCLE EMILE - 23 impasse Pra Barnéoud - Dormillouse - 05310 FREISSINIERES - FRANCE, within 15 days of the departure of the holiday that is the subject of the said complaint. After this period, no complaint can be taken into account.
10.2 Disputes
IBL LE REFUGE DE L'ONCLE EMILE and the Customer will endeavour to settle any dispute that may arise between them amicably.
In the event that the prior attempt to resolve the dispute amicably remains unsuccessful for more than 8 weeks, the customer is informed of the possibility of resorting to a mediation procedure by contacting the Tourism and Travel Mediator, whose contact details are as follows: MTV Médiation Tourisme Voyage - BP 80 303 - 75 823 Paris Cedex 17 - France. http://mtv.travel
It is expressly agreed between LE REFUGE DE L'ONCLE EMILE and the professional customer that any dispute or litigation that cannot be resolved amicably will fall within the exclusive jurisdiction of the GAP Commercial Court, even in the event of multiple defendants or the introduction of third parties.
ARTICLE 11 - INTERNET CONNECTION
Customers are informed that no WIFI network is available during their stay.
Article 12 - PERSONAL DATA
The Customer acknowledges and accepts that LE REFUGE DE L'ONCLE EMILE, in its capacity as data controller, processes personal data for the purposes of setting up and executing the contract concluded with the Customer and for carrying out its commercial actions and satisfaction surveys.
When booking a holiday, the customer is informed on each of the personal data collection forms that the information marked with an asterisk is compulsory.
Data is collected and processed for the purposes of managing the holiday (booking, monitoring, payment, end of holiday) and complying with legal, tax and accounting obligations.
The data collected is intended for use by AU REFUGE DE L'ONCLE EMILE in its capacity as data controller, as well as any company in the group responsible for providing the service contracted and any sub-contractors where applicable. Data may only be transferred to service providers if this is necessary to fulfil the contract.
No data will be transferred outside the European Union unless required by law,
Personal data will be kept in a secure environment for as long as is necessary for the performance of the contract, and then archived in accordance with the legal provisions in force.
In accordance with the national and European regulations in force, the Customer has the right to access, rectify and delete personal data concerning him/her and may oppose the processing of his/her data. To exercise these rights, the Customer must contact REFUGE DE L'ONCLE EMILE by post or by email, using the following details: contact@refuge-dormillouse.fr
Customers are informed of their right to lodge a complaint with the CNIL or the supervisory authority in their place of residence.
ARTICLE 13 - APPLICABLE LAW
These General Terms and Conditions of Sale are governed by French law. This applies to both substantive and formal rules. Any disputes will fall within the exclusive jurisdiction of the French courts.
LEGAL INFORMATION
Reproduction of articles R. 211-3 to R. 211-1 of the Tourism Code in accordance with article R. 211-12 of the said Code:
Article R. 211-3: All offers and sales of the services mentioned in article L. 211-1 must be accompanied by appropriate documents which comply with the rules defined in this section.
Article R. 211-3-1: The exchange of pre-contractual information or the provision of contractual terms and conditions shall be in writing. This may be done electronically. The name or company name and address of the organiser or retailer must be mentioned, along with details of its registration in the register provided for in article L. 141-3 or, where applicable, the name, address and details of the registration of the federation or union mentioned in the second paragraph of article R. 211-2.
Article R. 211-4: Before concluding the contract, the organiser or retailer must provide the passenger with the following information:
1° The main characteristics of the travel services :
a) The destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included ;
b) The means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and place of stopovers and connections. When the exact time has not yet been fixed, the organiser or retailer will inform the passenger of the approximate time of departure and return;
c) The location, main characteristics and, if applicable, tourist category of the accommodation under the rules of the country of destination;
d) Meals provided ;
e) Visits, excursions or other services included in the total price agreed for the contract;
f) Where it is not apparent from the context, whether any travel services will be provided to the traveller as part of a group and, if so, the approximate size of the group;
g) Where the benefit of other tourist services provided to the traveller relies on effective verbal communication, the language in which these services will be provided;
h) Information on whether the holiday or holiday accommodation is generally suitable for people with reduced mobility and, at the request of the traveller, precise information on whether the holiday or holiday accommodation meets the traveller's needs;
2° The company name and geographical address of the organiser and retailer, as well as their telephone and, if applicable, electronic contact details;
3° The total price including taxes and, if applicable, all charges, fees or other additional costs, or, when these cannot be reasonably calculated before the contract is concluded, an indication of the type of additional costs that the traveller may still have to bear;
4° The terms of payment, including the amount or percentage of the price to be paid on account and the timetable for payment of the balance, or the financial guarantees to be paid or provided by the traveller;
5° The minimum number of people required for the trip or holiday and the deadline referred to in III of Article L. 211-14 preceding the start of the trip or holiday for cancelling the contract if this number is not reached;
6° General information on passport and visa requirements, including the approximate time required to obtain visas, and information on health formalities in the country of destination;
7° A statement indicating that the traveller may cancel the contract at any time before the start of the trip or holiday, subject to payment of the appropriate cancellation fee or, where applicable, the standard cancellation fee charged by the organiser or retailer, in accordance with I of Article L. 211-14 ;
8° Information on compulsory or optional insurance covering the cost of cancellation of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.
With regard to the packages defined in e of 2° of A of II of article L. 211-2, the organiser or retailer and the professional to whom the data is transmitted shall ensure that each of them provides, before the traveller is bound by a contract, the information listed in this article insofar as it is relevant to the travel services they offer.
The form in which the information listed in this article is brought to the attention of the traveller is laid down by joint order of the Minister for Tourism and the Minister for the Economy and Finance. This order specifies the minimum information to be brought to the traveller's attention when the contract is concluded by telephone.
Art. R. 211-5: The information mentioned in 1°, 3°, 4°, 5° and 7° of article R. 211-4 communicated to the traveller forms part of the contract and may only be modified under the conditions defined in article L. 211-9.
Art. R. 211-6: In addition to the information defined in article R. 211-4, the contract must include the following information: :
1° Any special requirements of the traveller that the organiser or retailer has accepted;
2° A statement indicating that the organiser and the retailer are responsible for the proper performance of all the travel services included in the contract in accordance with Article L. 211-16 and that they are obliged to provide assistance to the traveller in the event of difficulties, in accordance with Article L. 211-17-1 ;
3° The name of the entity responsible for insolvency protection and its contact details, including its geographical address;
4° The name, address, telephone number, e-mail address and, where appropriate, the fax number of the organiser's or retailer's local representative, a contact point or other service through which the traveller can contact the organiser or retailer quickly and communicate with him effectively, request assistance if the traveller is in difficulty or complain about any non-conformity found during the trip or holiday;
5° A statement to the effect that the traveller is obliged to report any non-conformity that he observes during the journey or stay in accordance with II of Article L. 211-16 ;
6° Where minors, unaccompanied by a parent or other authorised person, are travelling on the basis of a contract including accommodation, information enabling direct contact to be established with the minor or the person responsible for the minor at the minor's place of stay;
7° Information on available internal complaint handling procedures and out-of-court dispute settlement mechanisms and, where applicable, on the entity to which the professional belongs and on the online dispute settlement platform provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council ;
8° Information on the passenger's right to transfer the contract to another passenger in accordance with article L. 211-11.
With regard to the packages defined in e of 2° of A of II of article L. 211-2, the professional to whom the data is transmitted informs the organiser or retailer of the conclusion of the contract giving rise to the creation of a package. The professional provides him with the information necessary to enable him to fulfil his obligations as an organiser. As soon as the organiser or retailer is informed of the creation of a package, he provides the traveller, on a durable medium, with the information mentioned in 1° to 8°.
Art. R. 211-7: The traveller may assign his contract to a transferee who fulfils the same conditions as he does for making the journey or stay, as long as the contract has not produced any effect.
Unless otherwise stipulated, the transferor must inform the organiser or retailer of its decision by any means capable of producing an acknowledgement of receipt no later than seven days before the start of the trip. Under no circumstances is this transfer subject to prior authorisation by the organiser or retailer.
Art. R. 211-8: Where the contract expressly provides for the possibility of revising the price, within the limits set out in article L. 211-12, it shall state the precise terms and conditions for calculating price variations, both upwards and downwards, in particular the amount of transport costs and related taxes, the currency or currencies that may have an impact on the price of the trip or holiday, the proportion of the price to which the variation applies, as well as the rate of the currency or currencies used as a reference when establishing the price stated in the contract.
In the event of a price reduction, the organiser or retailer has the right to deduct its actual administrative expenses from the refund due to the traveller. At the traveller's request, the organiser or retailer shall provide proof of these administrative expenses.
Art. R. 211-9: When, before the traveller's departure, the organiser or retailer is obliged to make a change to one of the essential elements of the contract, if he cannot meet the specific requirements mentioned in 1° of article R. 211-6, or in the event of a price increase of more than 8 %, he shall inform the traveller as soon as possible, in a clear, comprehensible and visible manner, on a durable medium:
1° Proposed changes and, if applicable, their impact on the price of the trip or holiday;
2° A reasonable period within which the traveller must inform the organiser or retailer of the decision he has taken;
3° The consequences of the passenger's failure to reply within the time limit set;
4° If applicable, the other service offered and its price.
If the changes to the contract or the substitute service result in a reduction in the quality or cost of the trip or holiday, the passenger is entitled to an appropriate price reduction.
