GENERAL CONDITIONS OF SALE ELLOHA HAUTE-VIENNE
Information for consumers, Internet users and buyers
The presence of an online sales platform for tourist services complies with:
- the tourism code and the directive on the new regulations relating to package travel and
related travel services which came into force on 1 July 2018,
- Regulation No 2016/679, known as the General Data Protection Regulation, which is a regulation
of the European Union which constitutes the reference text in terms of the protection of personal data. It strengthens and unifies data protection for individuals within the European Union.
1.Object
These general conditions define the rights and obligations of the parties in the context of remote booking.of services offered in our establishment, the contact details of which are specified in this booking confirmation document. They govern all the steps necessary for booking and monitoring the booking between the contracting parties. The customer acknowledges having read and accepted these general terms and conditions of sale and the terms and conditions of sale of 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. Reservation
The customer chooses the services presented on our booking platform. He acknowledges having read the nature, destination and booking terms of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make his booking with full knowledge of the facts . The customer is solely responsible for his choice of services and their suitability for his needs, such that our liability cannot be sought in this regard. The reservation is deemed accepted by the customer at the end of the reservation process .
3. Booking process
Reservations made by the customer are made via the electronic reservation form accessible online on our reservation platform . The reservation is deemed to be made upon receipt of the reservation form. The customer undertakes, prior to any reservation, to complete the information requested on the voucher or reservation request. The customer attests to the truthfulness and accuracy of the information transmitted. After the final choice of the services to be reserved, the reservation procedure includes in particular:the entry of the bank card in the event of a request for a guarantee or prepayment, the consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate before validation of the reservation and, finally, the validation of the reservation by the customer.
4. Acknowledgement of receipt of reservation
Our booking platform acknowledges receipt of the customer's booking by sending an email without delay . In the case of online booking, the acknowledgement of receipt of the booking by email summarizes the contract offer, the services booked, the prices, the sales conditions relating to the selected rate, accepted by the customer, the date of booking made (floating dates for the sale of passes), 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. Cancellation or modification by the customer
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. The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation. All reservations are nominative and may not under any circumstances be transferred to a third party, whether free of charge or for a fee.
Any cancellation must be notified by email to the owner.
a) cancellation before arrival on site: the manager will request all or part of the amount of the activity, if the cancellation occurs:
- more than 31 days before the activity: 0%
- 30 to 8 days before the activity: 50%
- from 7 to 0 days before the activity: 100%
If the client does not respond within 24 hours of the date of the activity indicated on the contract, this contract becomes null and void and the manager may dispose of his activity.
b) if the activity is shortened, the price remains acquired by the manager. No refund will be made.
In the event of cancellation by the owner, the latter will refund 97% of the sums paid to the customer.
6. Consumption of the service
Any behavior contrary to good morals and public order will lead the establishment to ask the customer to leave the establishment without any compensation and/or without any refund if a payment has already been made. For establishments with Internal Regulations, the customer accepts and undertakes to comply with said regulations. In the event of non-compliance by the customer with one of the provisions of the Internal Regulations, the establishment will be obliged to ask the customer to leave the establishment without any compensation and/or without any refund if a payment has already been made.
7. Liability
The photographs presented on our reservation platform are not contractual. Even if all the best efforts are made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate an overview as possible of the services offered, variations may occur between the time of booking and the day of consumption of the service. The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to a third party, due to the customer, in particular the unavailability of the internet network, inability to access the website, external intrusion, computer viruses or in the event of prepayment not authorized by the cardholder's bank. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the latter .
8. Complaints
Complaints relating to the non-performance or poor performance of the reserved services must, under penalty of foreclosure, be brought to our attention in writing within eight days after the date of departure from the establishment.
9. Prices
The prices relating to the reservation of services are indicated before and at the time of booking. The prices are confirmed to the customer in the amount including tax , in the commercial currency of the establishment, and are only valid for the duration indicated on the booking platform. If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange fees are the responsibility of the customer. All reservations, regardless of their origin, are payable in the local currency of the establishment, unless special provisions are indicated on site.
10. Payment
The customer provides his bank details as a guarantee of the reservationexcept for special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club... depending on the possibilities offered by the establishment's reservation platform) by indicating directly, in the area provided for this purpose ( secure entry by
SSL encryption ), the card number, without spaces between the numbers, as well as its validity date (it is specified that the bank card used must be valid at the time of consumption of the service) and the visual cryptogram. He must present himself at the establishment with the bank card that allowed him to guarantee the reservation. The payment is debited at the establishment during the stay, except in the case of special conditions or rates where the partial or total debit of the payment is made at the time of booking . In the event of a no show (reservation not cancelled - customer not present) of a reservation guaranteed by bank card, the establishment will debit the customer, as a fixed compensation, of the amount indicated in its general terms and conditions and special terms of sale. The establishment has chosen elloha.com/stripe.com in order to secure online payments by credit card. The validity of the customer's payment card is verified by stripe.com. The payment card may be refused for several reasons: stolen card, blocked card, limit reached, input error, etc. In the event of a problem, the customer must contact their bank on the one hand, and the establishment on the other hand, to confirm their reservation and payment method. In the case of a rate subject to online prepayment, the amount paid in advance, which is the deposit, is debited at the time of booking . Some establishments can generate invoices/notes electronically, the original file is certified and available online at the internet address provided by the establishment.
11. Respect for privacy
The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the responses by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners, its service providers (and in particular online payment providers). The customer authorizes elloha.com to communicate his personal data to third parties on the condition that such communication is compatible with the performance of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Charter for the protection of personal data. In particular when paying online, the customer's bank details must be transmitted by the payment service provider stripe.com to the establishment's bank, for the execution of the reservation contract. The customer is informed that this transfer of data may therefore take place in foreign countries that do not have adequate protection of personal data within the meaning of the Data Protection Act. However, the customer consents to this transfer necessary for the execution of his reservation. Constellation SAS / Stripe.com in their professional capacity, have undertaken to the establishment to take all security measures and respect the confidentiality of data for said data transfers.
In accordance with the European regulation relating to personal data (GDPR) of April 27, 2016, you have the right to contest and have human intervention directly with the seller (contact details available in the contract).
12. Evidence agreement – data protection
The entry of the required banking information, as well as the acceptance of these general conditions and the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records kept in the computer systems of elloha.com. will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that his IP address is recorded at the time of booking.
13. Force majeure
Force majeure means any event external to the parties that is both unforeseeable and insurmountable and prevents either the customer or the establishment from fulfilling all or part of the obligations set out in the contract. Force majeure or fortuitous events are considered to be those usually recognized by the case law of the French Courts and Tribunals. Each party may not be held liable to the other party in the event of non-performance of its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party shall bear the cost of the resulting costs.
14. Dispute Resolution
These General 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 consumers.
15. Entirety
These General Terms and Conditions of Sale, the terms and conditions of sale of the rate reserved by the customer, and the reservation voucher or request express the entirety of the obligations of the parties. No general or specific conditions communicated by the customer may be incorporated into these general terms and conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the reservation voucher or request (including the specific conditions of the rate reserved) and these general terms and conditions. In the event of a contradiction between the reservation voucher and the general terms and conditions, the provisions appearing on the reservation voucher will be the only ones applicable for the obligation in question. These general terms and conditions of sale via the internet may be modified and/or supplemented at any time by the establishment. In this case, the new version of the general terms and conditions of sale via the internet will be put online by the establishment. As soon as it is put online on the internet, the new version of the general terms and conditions of sale via the internet will automatically apply to all customers.