General terms and conditions of sale

INTRODUCTION

These general terms and conditions of sale (hereinafter, the “General Terms and Conditions”) define the contractual relationship between any non-professional user (hereinafter, the “Customer”) of The Templerie (hereinafter, the “Establishment”) and its website www.latemplerie-chambre-hote-la-fleche. fr (hereinafter, the “Site”), operated by the company LA TEMPLERIE (MADAME NATHALIE POLOMACK) registered in the Trade and Companies Register under number 793 996 950 00036, having its registered office at 41 RUE DE LA TOUR D’AUVERGNE, 72200 LA FLECHE, whose intracommunity VAT number is FR80793996950 (hereinafter, the “Service Provider”), from the time of reservation until the time of departure from the Customer’s establishment, as well as the conditions applicable to any reservation made through the reservation services of the establishment’s Site.

The Provider reserves the right to modify, in whole or in part, the Terms and Conditions at any time. In this case, the new version of the General Terms and Conditions will be available on the Website with its effective date. The applicable conditions will be those in force on the date of validation of the Customer’s reservation.

The Customer declares that he/she has read the General Terms and Conditions, which must be accepted before any reservation can be validated. Any validated reservation implies express and complete acceptance of the General Terms and Conditions and the waiver of the Customer’s right to invoke its own conditions of purchase or other conditions. When the reservation is made on the establishment’s Site, the Customer declares that he/she has read the General Terms and Conditions and has accepted them by ticking the box provided for this purpose before validating the reservation.

The Customer has the option of saving and editing these General Terms and Conditions using the standard functions of their browser or computer.

SCOPE OF APPLICATION

The General Terms and Conditions apply to all bookings made directly with the Provider or by Internet via the booking services on the establishment’s Website.

The General Conditions apply to all the services offered by the establishment.

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

CAPACITY

The Customer declares that he/she is acting for personal purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity and that he/she has full legal capacity to enter into commitments under these General Terms and Conditions.

The Customer declares that he/she is responsible for the use of the establishment’s reservation site, both in his/her own name and on behalf of third parties, in particular minors. In this respect, the Customer guarantees the truthfulness and accuracy of the information provided, both by him/herself and by minors under his/her care at the time of booking.

Fraudulent use of the establishment’s reservation services or which contravenes the General Terms and Conditions may result in refusal of access to the services offered and give rise to prosecution before the competent courts.

FORMATION OF THE CONTRACT

The contract is deemed to have been formed once a booking number has been allocated by the Provider to the Customer, and communicated when the booking is confirmed, and this by any means of communication (telephone, email, post, etc.).

RESERVATION

The Customer chooses services from among those offered by the Provider and presented on the Site of the establishment according to their needs.

The Customer acknowledges that he/she has taken cognisance of the nature, purpose and booking terms of the services available on the Provider’s Website and that he/she has requested and obtained the necessary and/or additional information in order to make his/her booking with full knowledge of the facts.

The Customer is solely responsible for their choice of services and their suitability for their needs, and the Service Provider cannot be held liable in this respect.

The booking is deemed accepted by the Customer at the end of the booking process.
Reservations for the services offered by the establishment may be made by telephone on the following number: + 33 (0) 6 87 84 34 06, by email contact.latemplerie@gmail.com or online via the establishment’s Website www.latemplerie-chambre-hote-la-fleche.fr

Written confirmation of the booking will be sent to the Customer as soon as possible, and at the latest within eight (8) days of the booking, by any means of communication.

This confirmation will include the essential elements of the booking, such as the type of room booked, the number of nights, the price and the expected date of availability, as well as any other services that may have been included by the Customer in their booking request.

PROOF OF TRANSACTION

It is expressly agreed that, unless an obvious error is proven by the Customer, the data kept in the Service Provider’s information system, on computer or electronic media, have evidential value concerning the bookings made by the Customer. Consequently, this data may be produced as evidence in any litigation or other proceedings, and will 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 that would be drawn up, received or kept in writing.

PRIX

The prices relating to the booking are indicated before and at the time of booking.

The sum to be paid by the Customer includes the price of the stay (unit price of the room selected by the Customer multiplied by the number of nights) plus the options chosen at the time of booking (unit price multiplied by the quantity ordered), where applicable. Unless otherwise stated on the Site, options (breakfast) that are not offered at the time of booking are not included in the price.

Prices are given inclusive of all taxes (VAT included), in euros, and are valid only for the date or period indicated on the Site.

The tourist tax, indicated for each price, must be paid directly to the establishment unless otherwise specified at the time of booking.

Any change or introduction of new government or local taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the invoice date.

For bookings made online on the Site of the establishment, the Customer has a choice between several rates:

a preferential rate for a non-changeable and non-refundable reservation;
a flexible rate for a modifiable and refundable reservation, for which the conditions of modification and refund are specified.

The Provider reserves the right to change the prices shown on brochures and other commercial material, as well as the prices displayed in the establishments, at any time and without prior notice. Such changes will be inapplicable to bookings previously accepted by the Provider.
At the time of booking, the Customer must provide their bank card authentication details in order to validate the booking. Failing this, the booking will be automatically cancelled.

The establishment may also ask the Customer to show proof of identity in order to prevent credit card fraud.

For the preferential rate with prepayment: the total price of the booking is debited at the time of booking, to the bank card provided by the Customer. The Customer expressly acknowledges that this is a prepayment and that his/her card will be debited before his/her stay. The booking validated by the Customer will only be considered effective once the relevant bank payment centres have given their approval. In the event of refusal by the said centres, the reservation will be automatically cancelled. Payment must be made using one of the credit cards indicated on the Site, via a secure web page. The Customer’s credit card details will be encrypted using SSL (Secured Socket Layer) protocol up to 128 bits. The Customer’s bank card details can never transit over the Internet without being encrypted.
For the flexible rate: no prepayment is required at the time of booking. The Customer’s bank card number is required to validate the booking but the Customer’s bank card will not be debited. Payment for the booking must be made to the Provider, directly at the establishment on the Customer’s departure.
For rates not prepaid online: the establishment may ask the Customer, on arrival, for a security deposit or an authorisation to debit the credit card in order to guarantee payment of the sums corresponding to the services consumed on site.
Payment of extras: any extras not explicitly included in the rates will be payable directly on site at the end of the stay. Failing this, the Customer expressly authorises the Provider to debit the bank card left as a guarantee for the payment of the extras.

MODIFICATION OF THE BOOKING

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

Changes at the Customer’s request: booking changes may be made free of charge, subject to availability. Any surcharge generated by changes requested by the Customer will give rise to additional billing.
Changes at the Provider’s request: in the event that the reserved rooms are unavailable due to a fortuitous event, the Provider undertakes to relocate the Customer, at no surcharge, to an establishment of at least equivalent standing. The transfer costs associated with this relocation will be borne by the Provider.

RESERVATION CANCELLATION TERMS

The Customer is reminded that, in accordance with Article L. 121-20-4 of the French Consumer Code, they do not have the right of withdrawal provided for in Article L. 121-20 of the French Consumer Code.

Bookings made at the preferential rate cannot be cancelled by the Customer.

For other bookings, any cancellation must be sent by email with the booking number.

For bookings made on the establishment’s Site, the Customer may cancel their booking by clicking on the link at the end of their confirmation email and following the instructions displayed on their screen.

If the booking includes a booking fee, this will not be refundable. The amount of the fee charged to the Customer in the event of cancellation of their booking is indicated at the time of booking.

In the event of cancellation, if the Customer has paid all or part of the booking online, this amount will be refunded after deduction of the cancellation fee.

It is advisable to cancel as soon as possible once the cause for cancellation has occurred.

For the purposes of calculating cancellation periods, it is agreed that the “Expected Date of Arrival” will be the day of the first scheduled night at midday (12:00) local time.

Cancellation by the Customer for a one-night stay: this cancellation must be made at least one (1) day before the planned date of arrival. For cancellations made less than one (1) day before the scheduled arrival date or in the event of no-shows, the full amount of the reservation will be charged, excluding extras.

Cancellation by the Customer for a stay of more than one night: this cancellation must be made at least one (1) day before the planned date of arrival. For cancellations made less than one (1) day before the scheduled date of arrival or in the event of no-shows, the first night will be billed, excluding extras.

Cancellation by the Provider: in the event of cancellation by the Provider, no fee will be charged to the Customer.

STAY AT THE ESTABLISHMENT

Reception opening hours will be communicated to the Customer.

Unless expressly agreed otherwise, the Customer may arrive at the establishment from 3 p.m. on the first day of his/her reservation and must leave the room before 11 a.m. on the day the reservation ends. If they fail to do so, they will be charged an additional night’s stay.

The Customer accepts and undertakes to use the room and the communal areas made available to him/her as a good father of the family. Any behaviour contrary to the principles of safety and/or hygiene, good morals and/or public order may lead the Provider to ask the Customer to leave the establishment without any compensation and/or without any refund if payment has already been made.

Any damage caused by the Customer to the reserved room may be billed directly to the Customer. Penalties equal to a maximum of the price of the room booked may be applied if the Customer does not comply with the notice prohibiting smoking in his/her room, when this is posted.

The Customer also undertakes to ensure that the IT resources made available by the establishment (in particular the WiFi network) are in no way used for the purposes of reproducing, representing, making available or communicating to the public 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 where such authorisation is required.

COMMITMENTS AND LIABILITY OF THE CUSTOMER

The Customer is solely responsible for the information provided when creating their account and/or making any reservation. The Provider shall not be held liable in the event of erroneous or fraudulent information communicated by the Customer. In addition, the Customer alone is responsible for the use of his/her account and any reservations made, both in his/her own name and on behalf of third parties, including minors, unless fraudulent use resulting from no fault or negligence on his/her part can be demonstrated. In this respect, the Provider must be notified immediately of any misappropriation or fraudulent use of the Customer’s e-mail address.

The Customer undertakes to use the Website and the services offered therein in compliance with the applicable regulations and these General Terms and Conditions. If the Customer fails to fulfil his/her obligations under these General Terms and Conditions, he/she is liable for any damage caused by him/her to the establishment, the Service Provider or third parties. In this respect, the Customer undertakes to indemnify the Service Provider against all claims, actions or recourse of any nature whatsoever that may result and to compensate the Service Provider for any damages, costs or compensation whatsoever relating thereto.

In particular, by making a definitive reservation, the Customer undertakes to pay the price and to comply with any special conditions relating thereto.

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 Customer.

RESPONSIBILITY OF THE PROVIDER

In the online booking process, the Provider is bound by an obligation of means. It may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service, etc. Hypertext links may lead to sites other than the Site, which accepts no responsibility for the content of these sites or the services offered. The decision to consult third-party websites is therefore the full and entire responsibility of the Customer.

The photographs presented on the Site are not contractual. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishment give as accurate an idea as possible of the services offered, variations may occur, particularly due to changes in furniture or possible renovations. The Customer shall not be entitled to any claim as a result.

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 services offered on the Website is strictly prohibited.

The Provider shall not incur any liability for any indirect damage as a result of the present, in particular as a result of a third party, as a result of the Customer or as a result of the establishment’s partners.

PERSONAL DATA

The Customer acknowledges and accepts that the establishment, as the data controller, collects and processes the personal data necessary for the purposes of managing reservations and customers, for the purposes of invoicing and payments and for carrying out its commercial actions and satisfaction surveys. The data is intended for use by the establishment and its service providers.

The Customer is informed, on each of the personal data collection forms, of the compulsory or optional nature of the answers and information by the presence of an asterisk.

The processing of information communicated via the Site complies with legal requirements regarding the protection of personal data, and the information system used ensures optimum protection of this data.

In accordance with the national and European regulations in force, Customers have the right to access, rectify and delete their personal data and may oppose the processing of their data. To exercise these rights, the Customer must contact the establishment, by post or email, at the following address:

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

Email: contact.latemplerie@gmail.com

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

The Customer is also informed of their right, pursuant to Article L.223-2 of the French Consumer Code, to be registered on the telephone canvassing opposition list at the time their telephone details are collected.

COOKIES

The Site resorts to the use of cookies. A cookie is a computer file stored on the hard disk of the Customer’s computer. Its purpose is to indicate a previous visit by the Customer to the Site. Cookies are only used by the Service Provider to personalise the service offered to the Customer.

Customers may refuse cookies by configuring their Internet browser. They then lose the ability to personalise the service delivered to them by the Service Provider via the Website.
Concerning the use of the Site of the establishment, the Provider is the owner of all intellectual property rights relating to the Site.

The elements accessible on the Site, in particular in the form of text, photographs, images, icons, video sounds, software and databases, are also protected by intellectual and industrial property rights and other proprietary rights held by the Service Provider.

Except with the express, written and prior agreement of the Provider, it is expressly forbidden to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, elements present on the Site, or to distribute a simple or hypertext link.

INTEGRALITY OF THE CONTRACT

These General Terms and Conditions, the conditions of sale of the fare booked by the Customer and the booking confirmation express the entirety of the obligations of the parties and constitute confirmation of the contract including all the information provided for in article L. 221-5 of the Consumer Code within the meaning of article L. 221-13 of the Consumer Code.

The documents forming the contractual commitments between the parties are, in decreasing order of priority, the booking confirmation, including the special conditions of the fare booked, which have been validated by the Customer, and these General Conditions.

In the event of any contradiction between the booking confirmation and the General Conditions, the provisions appearing on the booking confirmation validated by the Customer will be the only ones applicable for the obligation in question.

FORCE MAJEURE

The Provider, the establishment and the Customer may not be held liable in the event of non-performance of their obligations resulting from an event of force majeure, as defined in Article 1218 of the Civil Code.

It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations.

Each of the parties shall bear the cost of all expenses for which it is responsible and which result from the case of force majeure.

CLAIMS

Any complaint relating to a reservation must be sent by the Customer by registered post with acknowledgement of receipt to the following address of the establishment, no later than fifteen (15) days after the last overnight stay, on pain of foreclosure:

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

ATTRIBUTION OF COMPETENCE & SEISIE DU MEDIATEUR DE LA CONSOMMATION

These General Terms and Conditions and the contractual relationship between the Service Provider and the Customer are governed by French law.

ALL DISPUTES TO WHICH THE PURCHASE AND SALE TRANSACTIONS ENTERED INTO PURSUANT TO THESE GENERAL TERMS AND CONDITIONS MAY GIVE RISE CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND CONSEQUENCES AND WHICH COULD NOT BE RESOLVED BETWEEN THE SERVICE PROVIDER AND THE CUSTOMER SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.

However, the Customer undertakes to seek an amicable solution before taking any legal action.

After having contacted the customer service department and in the absence of a satisfactory response within 15 days, the customer may refer the matter to the Tourism and Travel Ombudsman, whose contact details are given below:

MTV Médiation Tourisme Voyage
BP 80 303
75823 Paris Cedex

Email : info@mtv.travel

For more information about the Travel and Tourism Mediation officer, the Customer may consult his website: www.mtv.travel.

The Customer is informed that he may visit the European platform for Online Dispute Resolution (ODR) between consumers and professionals: https://ec.europa.eu/consumers/odr/main/index.cfm

PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having been provided, prior to confirmation of their booking, on the Site of the establishment, in a legible and comprehensible manner, and on a durable medium, with these General Conditions and all the pre-contractual information provided for in Articles L. 221-5 and L. 221-11 of the Consumer Code, and in particular:

the essential characteristics of the services, taking into account the communication medium used and the service concerned;
the price of the service and its ancillary costs;
in the absence of immediate performance of the contract, the date or deadline by which the Provider undertakes to perform the service;
information relating to the identity of the Provider, its postal, telephone and electronic contact details and its activities, insofar as this is not apparent from the context;
information relating to legal guarantees and how they are implemented;
the functionalities of the digital content and, where applicable, its interoperability;
the possibility of recourse to conventional mediation in the event of a dispute;
the non-applicability of the right of withdrawal;
information relating, where applicable, to the costs of using the distance communication technique, the existence of codes of good conduct, where applicable, deposits and guarantees, termination procedures, dispute resolution methods and other contractual conditions.