GENERAL CONDITIONS OF SALE, INTERNAL REGULATIONS
GENERAL CONDITIONS OF SALE
1. Purpose: These general conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by our accommodation ""Le Cémarose Gîte & Spa"" belonging to SCI LA SPARNACIE whose contact details are specified in this reservation confirmation document. They govern all the steps necessary for the reservation and the follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general terms and conditions of sale and the conditions of sale for the reserved rate, which are 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 offer and services presented on our reservation platform. He acknowledges having read the nature, destination and reservation terms of the offer and services available on our reservation platform and having requested and obtained the necessary and/or additional information to make his reservation with full knowledge of the facts. The customer is solely responsible for his choice of the offer and services and their suitability to his needs, such that we cannot be held liable 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 booking form accessible online on our booking platform. The reservation is deemed to have been made upon receipt of the booking form. The customer undertakes, prior to any reservation, to complete the information requested on the form or booking request. The customer attests to the truthfulness and accuracy of the information provided. After the final choice of services to be booked, the booking procedure includes, in particular, entering the bank card in the event of a guarantee or prepayment request, consulting and accepting the general terms and conditions of sale and the terms and conditions of sale of the reserved rate before confirming the reservation and, finally, the validation of the reservation by the customer.
4. Acknowledgment of receipt of the reservation: Our reservation site acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online reservation, the acknowledgment of receipt of the reservation by email summarizes the contract offer, the reserved services, the prices, the sales conditions relating to the selected rate, accepted by the customer, the date of the reservation made, information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit complaints.
5. Prices: The prices relating to the reservation of services are indicated before and during the reservation. Prices are confirmed to the customer in the amount inclusive of VAT, 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 booking, the exchange fees are the responsibility of the customer. All bookings, regardless of their origin, are payable in the local currency of the establishment, unless special arrangements are indicated on site.
Tourist tax and the "HOUSEHOLD" service are not included in the rental price but are mandatory. The client can include the CLEANING service at the time of booking. If the CLEANING service is not included at the time of booking, the amount corresponding to the CLEANING PACKAGE, depending on the length of the stay, will be payable on site by check or cash.
INTRACOM VAT: VAT not applicable, art 293 B of the CGI.
6. Payment:Payment is debited upon reservation at the rate of 20% of the total price of the stay, constituting the deposit.
The balance will be paid between 30 days and 15 days before the start date of the stay according to the conditions that will be defined in the email sent to the customer: either by transfer, or via Stripe, or in cash on site for last-minute reservations.
The validity of the customer's payment card is verified by stripe.com. A payment card may be declined for several reasons: stolen card, blocked card, limit reached, data entry error, etc. In the event of a problem, the customer must contact their bank on the one hand, and the establishment on the other to confirm their reservation and payment method. We can, upon request, generate an invoice/bill electronically.
7. 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 our establishment, our activity management tool: 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 proves 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 provider stripe.com to the establishment's bank, for the execution of the reservation contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate personal data protection within the meaning of the Data Protection Act. However, the customer consents to this transfer, which is necessary for the execution of their reservation. Constellation SAS / Stripe.com, in their professional capacity, have undertaken to the establishment to take all security measures and respect data confidentiality for said data transfers.
8. Proof agreement: 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 our activity management tool: 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 their IP address is recorded at the time of booking.
9. Dispute Resolution - Consumer Mediation: These General Terms and 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.
In accordance with article L612-1 of the Consumer Code, in the event of an unresolved dispute, the customer may contact a consumer mediator:
SAS Mediation Solution
27, avenue de la Liberation, 42400 Saint-Chamond, France
Phone : +33 (0)9 88 30 27 72
Website: https://www.sasmediationsolution-conso.fr
10. Entirety: These General Terms and Conditions of Sale, the internal regulations of the gîte and spa, the conditions of sale of the rate reserved by the client, and the reservation voucher or request express the entirety of the obligations of the parties. No general or specific conditions communicated by the client may be incorporated into these general 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 reserved rate) and these general conditions with the internal regulations. In the event of a contradiction between the reservation voucher and the general 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 online sales may be modified and/or supplemented at any time by the establishment. In this case, the establishment will post the new version of the general terms and conditions of online sales online. As soon as it is posted online, the new version of the general terms and conditions of online sales will automatically apply to all customers.
11. Rental period: The accommodation "Le Cémarose Gîte & Spa" is rented for a period defined at the time of booking, as specified in the rental agreement. Under no circumstances may a customer claim any right to remain on the premises outside of this period.
12. Cancellation conditions: Cancellation of a stay must be notified by email to ""Cémarose Gîte & Spa"". The request will only become effective when the Establishment has confirmed its acceptance in writing. Cancellations and/or modifications to reservations may be permitted depending on the rate plan chosen by the Customer. Depending on the date of cancellation of the reservation and/or the offer subscribed to, all or part of the amount of the stay will be charged to the Customer under the following conditions:
a: Cancellation by the tenant:
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.
Reservation made as part of a Standard Offer
Cancellation more than 30 days before the start of the stay or within 24 hours after the reservation date: refund of the sums paid. (Less bank transaction fees. Flat rate of €15)
Cancellation between 16 and 30 days before the start of the stay: 50% of the amount of the stay will be retained.
Cancellation 15 days (at midnight) or less before the scheduled arrival date or no-show: the entire stay will be due unless re-rental.
In the event of early departure during the stay, the price of the Rental, additional services and package will remain entirely acquired by the Establishment .
Reservation made under a non-refundable, non-cancellable and non-modifiable Offer known as a ""Non-refundable Offer""
No changes or cancellations will be accepted, and the total amount of the stay and/or package will remain the property of the Establishment, with no refund available to the Client. You can take out cancellation insurance to cover this risk with our partner at the time of booking.
b: Cancellation at the landlord's initiative: In the event of force majeure on the landlord's part (unusable gîte, breakdown of an essential element such as heating, serious illness, death, etc.), the reservation cannot be maintained. In this case, 100% of the sums paid will be refunded. In the event of non-compliance with any element of the general conditions of sale or the internal regulations during the stay, the landlord reserves the right to terminate the contract at any time. No sum paid may be refunded and the security deposit may also be deducted in serious cases.
13. Reception - Inventory:
In accordance with the regulations in force in France, foreign customers may be asked to complete a police form upon arrival. (Article R814-1 et seq. of the Code on the Entry and Residence of Foreigners and the Right to Asylum) .
The Cémarose Gîte & Spa is operated by SCI LA SPARNACIE, a company subject to Corporate Tax (IS). The activity falls under short-term furnished rental not subject to VAT pursuant to Article 293 B of the French General Tax Code, in the absence of para-hotel services within the meaning of current tax regulations (BOFiP-BOI-TVA-CHAMP-10-10-50-20).
The establishment offers independent furnished rental, with limited ancillary services , including:
- the provision of household linen and beds made on arrival,
- Cleaning carried out only between each stay ,
- independent access to the accommodation via a secure key box ,
No breakfast service, mid-stay cleaning, linen change during the stay or regular physical reception is offered.
The client retains exclusive use of the accommodation for the duration of their stay.
The tenant signing the rental contract is solely responsible for the actions of all occupants of the accommodation, including children.
A video inventory is conducted before guests arrive. Any failure to complete the inventory or any malfunction must be reported to the owner within 24 hours of taking possession of the accommodation. Failing this, the tenant will be liable and replacement or repair will be the responsibility of the tenant.
14. Security deposit: The security deposit is set at 1000 euros . It will be made by credit card via a pre-authorization on a bank card eligible for this type of transaction. (Amount not debited – bank card limit not affected)
Reasons for using the security deposit:
Failure to comply with one or more clauses of the general conditions of sale
Failure to comply with one or more clauses of the internal regulations
Damage to furniture, real estate, plants or cultivated or landscaped areas.
Failure to pay for services at the end of the stay
If we need to use all or part of the security deposit, the required amount will be deducted immediately if the amount is known. If the repair requires professional intervention or the purchase of an item or device, the entire security deposit will be deducted pending the preparation of a repair or replacement invoice. This invoice will then be sent to the tenant as proof and any overpayment refunded. In the event that the invoice amount exceeds the security deposit, the tenant will be liable for the balance of the invoice.
15. Capacity and access: The rental contract is established for a maximum capacity of 6 people . The gîte, the spa and the outdoor spaces are reserved solely for the gîte's customers. If the number of tenants exceeds the capacity, we reserve the right to refuse additional guests. Any modification or termination of the contract will be considered at the client's initiative.
Access to the gîte is independent and is via a key box, the code for which will be communicated to you before your arrival.
16. Arrival and departure
o Arrival times are expected in the afternoon from 5:00 p.m.
o Departure times are scheduled in the morning before 11:00 a.m.
o The tenant must inform the owner of his arrival and departure time as soon as possible.
17. ""Vacation"" Insurance: The tenant is required to take out rental liability insurance with their insurance company, known as ""Vacation"", covering all the premises entrusted to them, for damage such as fire, explosion, water damage that could be caused by themselves or their guests during the rental period.
18. Charges: Water and electricity consumption are included in the price of the stay (with the exception of recharging an electric vehicle), within the limits of normal use. The provision of bed linen, towels and household linen as well as linen maintenance are included in the rental price.
Special feature of the spa : A dedicated spa meter allows you to view the jacuzzi's electricity consumption during your stay. A reading will be taken at the beginning and end of your stay. Unusually high consumption would indicate that the insulating blanket has not been replaced. In this case, a "spa energy" fee will be charged or deducted from the deposit (€20 per day).
19. Responsibilities and force majeure: The photographs presented on our booking platform are not contractually binding. Even if every effort is 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.
Force majeure means any external event that is both unforeseeable and insurmountable and prevents the establishment from fulfilling all or part of the obligations set out in the contract. Thus, 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 reservation at the customer's expense, without prejudice to any civil or criminal action against the latter.
INTERNAL REGULATIONS
1. Maintenance of the accommodation:The ""HOUSEHOLD"" service includes cleaning the gîte, maintaining the spa and outdoor areas, cleaning bed and bathroom linens, and household linen.
The ""HOUSEHOLD"" service does not exempt you from putting the premises in order.
For your departure you are asked to:
Tidy up: put equipment and furniture back in place,
Remove your personal belongings and waste.
Place used towels in the bathrooms.
Store furniture outside. If using the barbecue, empty the ashes into the compost bin at the bottom of the garden.
The Establishment reserves the right to charge and deduct from the security deposit any additional cleaning hours that may result from a clearly abusive situation in this regard.
Sheets and other household linens (bed sets, towels, tea towels, etc.) are provided. Each mattress and pillow are equipped with protectors and mattress pads. Beds will be made upon your arrival.
A kit is available to you in the cottage (garbage bags, sponges, coffee filters, laundry detergent, dishwasher tablets, household products, salt, pepper, vinegar, oil, coffee, etc.)
Please do not flush anything down the toilet bowl except toilet paper.
Outdoor space: Depending on your stay (long or short), we may be required to help with lawn mowing, flower watering, and spa maintenance. We will ensure your privacy is respected.
2. Waste sorting
The city of Epernay practices waste sorting. You will find:
A sliding bin near the sink for recyclable waste: all plastic, metal and cardboard packaging (yellow bags provided).
Another bin nearby for standard waste: diapers, masks, vacuum cleaner bags, the contents of the bathroom bin (cotton wool, wipes, used toothbrushes, disposable lenses, sanitary towels, etc.) (Standard bin bag provided)
Biodegradable materials (fruit and vegetable peelings, etc.) should be placed in the small bin under the sink. This bin should be emptied at the end of your stay, in the compost bin located at the bottom of the garden or in the compost bin.
Glass : The glasses must be transported and thrown into the municipal containers which are placed in different places in the city.
3. TV, WIFI, internet connection:
INTERNET Trust Charter: The cottage benefits from a high-speed Internet connection (fiber), a smart TV with access to the Netflix platform (free access), an Orange decoder with access to TNT channels and Orange TV.
Internet Access: Reminder of the terms of the HADOPI law: "No illegal downloading of works protected by copyright, but also no visiting sites whose content is prohibited by law." The tenant hereby agrees to comply with the terms of the HADOPI law. The tenant is responsible for the use of the internet access made available to him during the rental period. Navigation is done under his sole responsibility.
4. Use of the jacuzzi: Use of the jacuzzi is subject to acceptance of the regulations specific to this equipment.
5. Parking and use of the electric vehicle charging station.
Parking within the cottage: a charging station is accessible in front of the house in a private parking space. Access is reserved for guests of the cottage only. A meter reading will be used to bill the consumption at the end of the stay: €0.50 per kW (2024/2025 rate).
Terminal features: Hager Witty 7 KW terminal (recharges in 5 to 7 hours depending on the vehicle model). Universal 2TS type socket.Street parking . If you are bringing more than one vehicle, you can park easily and for free on the street. However, you must ensure that you respect the unilateral alternating parking (parking all vehicles on the same side of the street for a period of 15 days and changing the parking side at the end of this period).
6. Safety and Etiquette Instructions: Please respect the tranquility of the premises and use them for their intended purpose. The volume of noise, both inside and outside the property, must be kept to a minimum to respect the peace and quiet of the neighborhood. To respect the neighborhood, we invite you to avoid noise and music outside in the evening after 10 p.m. and before 7 a.m.
Smoking is strictly prohibited inside the accommodation.
Please note: there is a smoke detector in the accommodation.
Children are under the responsibility of their parents throughout their stay. The spa, although located above ground and protected by an insulating cover, can present a risk of drowning. Do not leave children near an uncovered spa unattended.
Tenants agree to ensure that windows are closed in case of risk of rain (especially thunderstorms). Windows must be closed when absent. Any damage caused by rain inside the rooms (especially parquet floors) will be attributable to the tenant.
No pets allowed.
Barbecue: The barbecue must not be used on the terrace.
The interview: Depending on your stay (long or short), we may be required to help with lawn mowing, flower watering, and spa maintenance. We will ensure your privacy is respected.
In case of a problem: In the event of a breakdown or malfunction, please contact us immediately. We will do our best to resolve the situation. No reimbursement for repairs or troubleshooting will be considered without our agreement.
In the event of breakage, damage or deterioration, please report it during your stay, even if no damage appears.