General terms and conditions of sale

INTRODUCTION

These general terms and conditions of sale (hereinafter, the “Terms and Conditions”) govern the contractual relationship between any non-professional user (hereinafter, the “Guest”) of La Templerie (hereinafter, the “Property”) and of its website www.latemplerie-chambre-hote-la-fleche.fr (hereinafter, the “Website”), operated by LA TEMPLERIE (Mrs Nathalie Polomack), registered with the Trade and Companies Register under number 793 996 950 00036, whose registered office is at 41 rue de la Tour d’Auvergne, 72200 La Flèche, France, and whose intra-Community VAT number is FR80793996950 (hereinafter, the “Provider”), from booking through to the Guest’s departure from the Property, together with the conditions applicable to any booking made through the Website’s booking service.

The Provider reserves the right to amend the Terms and Conditions, in whole or in part, at any time. In such a case, the new version of the Terms and Conditions will be made available on the Website together with its effective date. The applicable conditions will be those in force on the date the Guest’s booking is confirmed.

The Guest declares that they have read the Terms and Conditions, prior acceptance of which is required before any booking can be confirmed. Confirming a booking constitutes express and full acceptance of the Terms and Conditions and a waiver of the right to rely on the Guest’s own purchasing conditions or any other conditions. Where the booking is made on the Website, the Guest declares that they have read the Terms and Conditions and accepted them by ticking the box provided for that purpose before confirming the booking.

The Guest may save and print these general terms and conditions using the standard functions of their browser or computer.

SCOPE

The Terms and Conditions apply to any booking made directly with the Provider or online through the Website’s booking service.

The Terms and Conditions apply to all services offered by the Property.

Certain provisions of these Terms and Conditions may vary depending on whether the Guest is acting as a consumer or as a business.

The recording of the booking and the sending of the confirmation constitute proof of the transaction and acceptance of the operations carried out.

CAPACITY

The Guest, acting as a consumer, declares that they are acting for personal purposes falling outside the scope of their commercial, industrial, craft, professional or agricultural activity, and that they have full legal capacity to enter into these Terms and Conditions.

The Guest declares that they are responsible for the use of the Website’s booking service, both in their own name and on behalf of third parties, in particular minors. In this respect, the Guest warrants the truthfulness and accuracy of the information provided, both by themselves and by any minors in their care, at the time of booking.

Any fraudulent use of the Property’s booking service, or any use in breach of the Terms and Conditions, may result in access to the services being refused and may give rise to proceedings before the competent courts.

FORMATION OF THE CONTRACT

The contract is deemed to be formed once a booking reference has been assigned to the Guest by the Provider and communicated in the booking confirmation, by any means of communication (telephone, email, post, etc.).

BOOKING

The Guest selects services from those offered by the Provider and presented on the Website according to their requirements.

The Guest acknowledges that they have read the nature, purpose and booking arrangements of the services available on the Website, and that they have requested and obtained any necessary and/or additional information required to make their booking in full knowledge of the facts.

The Guest is solely responsible for their choice of services and for their suitability to their requirements, and the Provider may not be held liable in this respect.

The booking is deemed accepted by the Guest at the end of the booking process.

HOW TO BOOK

Bookings for the services offered by the Property may be made by telephone on +33 (0)6 87 84 34 06, by email at [email protected], or online through the Website www.latemplerie-chambre-hote-la-fleche.fr

Written confirmation of the booking will be sent to the Guest as soon as possible, and no later than eight (8) days after the booking, by any means of communication.

This confirmation will set out the essential details of the booking, such as the type of room booked, the number of nights, the price and the expected date of availability, together with any other service included by the Guest in their booking request.

PROOF OF THE TRANSACTION

It is expressly agreed that, save for manifest error proven by the Guest, the data held in the Provider’s information system, on computer or electronic media, shall constitute evidence of the bookings made by the Guest. Accordingly, such data may be produced as evidence in any legal or other proceedings, and shall be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same evidential value as any document drawn up, received or held in writing.

PRICES

The prices applicable to the booking are stated before and at the time of booking.

The amount payable by the Guest comprises the price of the stay (unit price of the room selected by the Guest multiplied by the number of nights), together with any options chosen at the time of booking (unit price multiplied by the quantity ordered), where applicable. Unless otherwise stated on the Website, options (breakfast) not offered at the time of booking are not included in the price.

Prices are stated inclusive of all taxes (VAT included), in euros, and are valid only for the date or period shown on the Website.

The tourist tax, stated for each rate, is payable directly to the Property on site unless otherwise specified at the time of booking.

Any change to, or introduction of, government or local taxes imposed by the competent authorities will be automatically reflected in the prices stated on the invoicing date.

For bookings made online through the Website, the Guest may choose between several rates (except for bookings made in connection with sporting events such as the Motorcycle Grand Prix, the 24 Hours of Le Mans and Le Mans Classic, which are subject to specific conditions):

a preferential rate for a non-amendable, non-refundable booking;
a flexible rate for an amendable, refundable booking, the amendment and refund conditions of which are specified.

The Provider reserves the right to amend at any time and without notice the prices shown in brochures and other promotional material, as well as the prices displayed at the Property. Such amendments will not apply to bookings already accepted by the Provider.

PAYMENT TERMS

When making a booking, the Guest must provide their payment card authentication details in order to confirm the booking. Failing this, the booking will be cancelled automatically.

The Property may also ask the Guest to produce proof of identity for the purpose of preventing payment card fraud.

Preferential rate with prepayment: the total price of the booking is charged at the time of booking to the payment card provided by the Guest. The Guest expressly acknowledges that this is a prepayment and that their card will be charged before their stay. A booking confirmed by the Guest will be treated as effective only once approved by the relevant banking payment centres. Should those centres decline the transaction, the booking will be cancelled automatically. Payment must be made using one of the payment cards listed on the Website, through a secure web page. The Guest’s payment card details are encrypted using the SSL protocol and are never transmitted unencrypted over the Internet.
Flexible rate: no prepayment is required at the time of booking. The Guest’s payment card number is required in order to confirm the booking, but the card will not be charged. Payment for the booking must be made to the Provider directly at the Property on the Guest’s departure.
Rates not prepaid online: on arrival, the Property may ask the Guest for a security deposit or for authorisation to charge their credit card in order to secure payment of any services used on site.
Payment of extras: any extras not expressly included in the rates are payable directly on site at the end of the stay. Failing this, the Guest expressly authorises the Provider to charge the payment card held as security for the payment of those extras.

AMENDING A BOOKING

This provision does not apply to bookings made at the preferential rate.

Amendments requested by the Guest: bookings may be amended free of charge, subject to availability, except for bookings made in connection with sporting events such as the Motorcycle Grand Prix, the 24 Hours of Le Mans and Le Mans Classic, which are subject to specific conditions. Any increase in price resulting from amendments requested by the Guest will be invoiced in addition.
Amendments requested by the Provider: should the rooms booked become unavailable due to unforeseen circumstances, the Provider undertakes to rehouse the Guest, at no additional cost, in accommodation of at least equivalent standing. Any transfer costs relating to such relocation will be borne by the Provider.

CANCELLATION TERMS

The Guest is reminded that, in accordance with Article L. 221-28 of the French Consumer Code, they do not benefit from the right of withdrawal in respect of accommodation services provided on a specified date or for a specified period.

Bookings made at the preferential rate may not be cancelled by the Guest.

For all other bookings, cancellations must be sent by email quoting the booking reference.

For bookings made through the Website, the Guest may cancel their booking by clicking the link at the end of their confirmation email and following the instructions displayed on screen.

Where the booking includes booking fees, those fees are non-refundable. The amount charged to the Guest in the event of cancellation is stated at the time of booking.

In the event of cancellation, where the Guest has paid for all or part of the booking online, that amount will be refunded after deduction of any cancellation charges.

Guests are advised to cancel as soon as possible once the reason for cancellation has arisen.

For the purpose of calculating cancellation periods, the “scheduled arrival date” is taken to be the day of the first night booked, at 12 noon local time.

Cancellation by the Guest for a one-night stay: cancellation must be made no later than three (3) days before the scheduled arrival date. For any cancellation made less than three (3) days before the scheduled arrival date, or in the event of a no-show, the full amount of the booking will be charged, excluding extras.

Cancellation by the Guest for a stay of more than one night: cancellation must be made no later than five (5) days before the scheduled arrival date. For any cancellation made less than five (5) days before the scheduled arrival date, or in the event of a no-show, the first night will be charged, excluding extras.

Cancellation by the Provider: in the event of cancellation by the Provider, no charge will be made to the Guest.

DURING YOUR STAY

Reception opening hours will be communicated to the Guest.

Unless expressly agreed otherwise, the Guest may arrive at the Property from 3.30pm (15/09 to 30/04) and from 4pm (01/05 to 14/09) on the first day of their booking, and must vacate the room before 11am on the last day of their booking. Failing this, the following charges will apply:

departure at 12 noon: 25 € supplement for two people;
departure at 1pm: 35 € supplement for two people;
departure at 3pm: 60 € supplement for two people, 70 € for three people, 80 € for four people;
departure after 3pm: an additional night will be charged.

The Guest agrees to use the room and the shared areas made available to them with reasonable care. Any behaviour contrary to safety and/or hygiene requirements, to public decency and/or to public order may lead the Provider to ask the Guest to leave the Property without compensation and/or without refund where payment has already been made.

The Guest further undertakes that the IT resources made available to them by the Property (in particular the WiFi network) will not be used in any way for the reproduction, performance, making available or communication to the public of works or material protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the rights holders provided for in Books I and II of the French Intellectual Property Code, where such authorisation is required.

SECURITY DEPOSIT AND DAMAGE

On arrival at La Templerie, at check-in, a security deposit of 250 € will be requested in the form of a card pre-authorisation on the Guest’s payment card.

This amount is not charged, except in the event of damage, breakage, loss or any costs attributable to the Guest identified during or at the end of the stay, under the conditions set out below.

Where no incident has occurred, the deposit will be released at check-out or, at the latest, 48 hours after departure.

Please note that any item of decoration, furniture, chair, window, television, shared area, spa or swimming pool that is inadvertently damaged, soiled or broken will be charged on departure, in accordance with the following schedule:

exceptional cleaning, significant soiling: 80 € to 150 €;
bed or bath linen beyond repair: sheet 40 €, duvet cover 90 €, towel 25 €, bathrobe 70 €;
glassware and crockery: 10 € to 20 € per item (glass, plate, tray);
item of decoration: 30 € to 300 € (against invoice);
chair, armchair, small furniture: 150 € to 400 € (against invoice);
mattress or mattress topper: 150 € to 600 € (against invoice);
window or mirror: 150 € to 400 € (against invoice);
television: 500 € to 1,000 € (against invoice);
remote control, small equipment: 20 € to 40 €;
lost key or badge: 40 €, plus 150 € to 250 € where the lock barrel must be replaced;
spa, full drain and retreatment: 300 €;
swimming pool, shock treatment and closure: 200 € to 400 €.

The following conditions apply to this schedule:

normal wear and tear and minor incidents are not charged;
the amounts shown are indicative: charges are based on the actual cost of repair or replacement, against an invoice or quotation;
no amount below 10 € is charged;
damage is recorded within 48 hours of departure, supported by photographs; supporting documents are sent to the Guest before any charge is made to their payment card, with an 8-day period in which to dispute the charge.

Penalties of up to the price of the room booked may be applied where the Guest fails to comply with signage prohibiting smoking and eating in the room, where such signage is displayed.

The Guest undertakes to comply with the instructions displayed in the rooms and at reception. Should the Guest behave contrary to those instructions, the Property reserves the right to charge a fixed indemnity.

GUEST UNDERTAKINGS AND LIABILITY

The Guest is solely responsible for the information provided when creating their account and/or making any booking. The Provider may not be held liable for incorrect or fraudulent information provided by the Guest. Furthermore, the Guest is solely responsible for the use of their account and for any booking made, both in their own name and on behalf of third parties, including minors, unless they can demonstrate fraudulent use arising from no fault or negligence on their part. In this respect, the Provider must be notified immediately of any misuse or fraudulent use of the Guest’s email address.

The Guest undertakes to use the Website and the services offered on it in compliance with applicable regulations and with these Terms and Conditions. Should the Guest fail to comply with their obligations under these Terms and Conditions, they will be liable for any damage caused by them to the Property, to the Provider or to third parties. Accordingly, the Guest undertakes to indemnify the Provider against all claims, actions or proceedings of any kind that may result, and to compensate the Provider for any related damage, costs or compensation.

In particular, by making a firm booking, the Guest undertakes to pay the price and to comply with any specific conditions attached to it.

Any booking or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Guest will result in cancellation of the order at the Guest’s expense, without prejudice to any civil or criminal action against them.

PROVIDER LIABILITY

In the online booking process, the Provider is subject to an obligation of means. The Provider may not be held liable for damage arising from use of the Internet, such as loss of data, intrusion, viruses or service interruption. Hypertext links may lead to websites other than the Website, and the Provider accepts no liability for the content of such sites or the services offered on them. The decision to visit third-party websites is therefore made entirely at the Guest’s own risk.

The photographs shown on the Website are not contractually binding. Although every effort is made to ensure that the photographs, graphic representations and texts used to illustrate the Property give as accurate an impression as possible of the services offered, variations may occur, in particular as a result of changes of furniture or refurbishment work. The Guest may make no claim on that basis.

In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements making up the offers presented on the Website is strictly prohibited.

The Provider accepts no liability for any indirect damage arising under these Terms and Conditions, in particular caused by a third party, by the Guest or by the Property’s partners.

PERSONAL DATA

The Guest acknowledges and accepts that the Property, as data controller, collects and processes the personal data required for the purposes of managing bookings and guests, for invoicing and payment purposes, and for carrying out its marketing activities and satisfaction surveys. The data is intended for the Property and its service providers.

On each personal data collection form, the Guest is informed by means of an asterisk whether a response or piece of information is mandatory or optional.

The processing of information provided through the Website complies with legal requirements on personal data protection, the information system used ensuring optimal protection of that data.

In accordance with applicable national and European regulations, the Guest has a right to access, rectify and erase the personal data concerning them, and may object to the processing of their data. To exercise these rights, the Guest should contact the Property by post or email at the following details:

La Templerie
41 rue de la Tour d’Auvergne
72200 La Flèche, FRANCE

Email: [email protected]

Website: www.latemplerie-chambre-hote-la-fleche.fr

TELEPHONE CANVASSING

In accordance with article L. 223-2 of the French Consumer Code, we inform you that it is prohibited to contact a consumer by telephone for commercial prospecting purposes without their prior consent, except where the call is made in the performance of an ongoing contract.

COOKIES

The Website uses cookies. A cookie is a computer file stored on the hard drive of the Guest’s computer. Its purpose is to indicate a previous visit by the Guest to the Website. Cookies are used by the Provider solely in order to personalise the service offered to the Guest.

The Guest may refuse cookies by configuring their Internet browser. In that case, they lose the ability to have the service delivered by the Provider through the Website personalised.

INTELLECTUAL PROPERTY

As regards use of the Website, the Provider holds all intellectual property rights relating to the Website.

The material accessible on the Website, in particular in the form of texts, photographs, images, icons, sounds, videos, software and databases, is likewise protected by intellectual and industrial property rights and other proprietary rights held by the Provider.

Save with the Provider’s express prior written agreement, it is expressly prohibited to reproduce, exploit, distribute or use in any way whatsoever, even in part, any material appearing on the Website, or to publish a simple or hypertext link to it.

ENTIRE AGREEMENT

These Terms and Conditions, the conditions of sale of the rate booked by the Guest and the booking confirmation express the entire obligations of the parties and constitute confirmation of the contract, including all the information provided for in Article L. 221-5 of the French Consumer Code within the meaning of Article L. 221-13 of that code.

The documents forming the contractual undertakings between the parties are, in decreasing order of precedence, the booking confirmation including the specific conditions of the rate booked and confirmed by the Guest, and then these Terms and Conditions.

In the event of any inconsistency between the booking confirmation and the Terms and Conditions, the provisions of the booking confirmation validated by the Guest will prevail in respect of the obligation concerned.

FORCE MAJEURE

The Provider, the Property and the Guest may not be held liable for any failure to perform their obligations resulting from an event of force majeure, as defined in Article 1218 of the French Civil Code.

It is expressly agreed that force majeure suspends performance of the parties’ reciprocal obligations.

Each party bears the costs incurred by it as a result of the event of force majeure.

COMPLAINTS

Any complaint relating to a booking must be sent by the Guest by recorded delivery letter to the Property at the following address, no later than fifteen (15) days after the last night of the stay, failing which it will be time-barred:

La Templerie
41 rue de la Tour d’Auvergne
72200 La Flèche, FRANCE

JURISDICTION AND CONSUMER MEDIATION

These Terms and Conditions and the contractual relationship between the Provider and the Guest are governed by French law.

All disputes to which the purchase and sale transactions concluded under these Terms and Conditions may give rise, whether as to their validity, interpretation, performance, termination, consequences or effects, and which cannot be resolved between the Provider and the Guest, will be referred to the competent courts under the general rules of law.

The Guest nevertheless undertakes to seek an amicable solution before taking any legal action.

Having contacted customer services and failing a satisfactory response within fifteen (15) days, the Guest may refer the matter to the Tourism and Travel Ombudsman, whose details are set out below:

MTV Médiation Tourisme Voyage
BP 80 303
75823 Paris Cedex 17, France