Terms and conditions of sale - Les gîtes de Sarah et Claude

Terms and conditions of sale and use

Article 1 – Definitions

The following terms shall hereinafter designate:

‘Site’ or ‘service’: the website https:/www.les-gites-de-sarahetclaude.com/ and all of its pages.
‘Services’: all of the accommodation services that can be booked on the site.
‘Publisher’ or ‘Owner’: the person, legal or natural, who owns the accommodation offered and is responsible for the publication and content of the site.
‘User’: the internet user visiting and using the site.
‘Customer’: the internet user making a booking on the site.

Article 2 – Information required by the law on confidence in the digital economy, and purpose of the site

This site is published by Les Gites de Sarah et Claude SAS. The legal information concerning the host and the publisher of the site, in particular the contact details and any capital and registration information, is provided in the legal notice of this site. Information concerning the collection and processing of personal data (policy and declaration) is provided in the site’s personal data charter. The site is freely accessible free of charge to any internet user, and allows users to consult the accommodation offers and to request the booking of one or more accommodations. Booking accommodation or, more generally, browsing the site implies acceptance by the internet user of these general terms and conditions in their entirety, and the user thereby acknowledges having taken full knowledge of them. This acceptance may consist, for example, of the internet user ticking the box corresponding to the acceptance sentence of these general terms and conditions, for example bearing the words “I acknowledge having read and accepted all of the site’s general terms and conditions.”. Ticking this box shall be deemed to have the same value as a handwritten signature on the part of the internet user. Acceptance of these general terms and conditions presupposes that users have the legal capacity necessary to do so. If the user is a minor or does not have this legal capacity, they declare that they have the authorisation of a guardian, a curator or their legal representative. The internet user acknowledges the evidential value of the automatic recording systems of the publisher of this site and, unless they can provide proof to the contrary, waives the right to contest them in the event of a dispute.

The Publisher provides the Customer, on its Site, with a privacy charter specifying all the information relating to the use of the Customer’s personal data collected by the Publisher and the rights the Customer has with regard to this personal data. The data privacy policy forms part of the terms and conditions of sale and use. Acceptance of these terms and conditions therefore implies acceptance of the data privacy policy.

Article 3 – Characteristics of the accommodation services offered

The services and accommodation offered are those listed on the pages of the site. Accommodation is offered subject to availability. Each accommodation is accompanied on the site by a description drawn up by the owner. The photographs of the accommodation offered give a faithful image of the accommodation but are not contractually binding insofar as they cannot guarantee perfect similarity with reality. The support service of this site can be reached by email at the following address: lesgitesdesarahetclaude@gmail.com or by post at the address indicated in the legal notice, in which case the owner undertakes to provide a response within 7 days. Les Gites de Sarah et Claude also provides users of the site and its customers with telephone assistance to answer their questions. The telephone assistance can be contacted on +33 479 87 40 51 (cost of a local call).

Article 4 – Prices

The prices of the accommodation shown on the site are in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order, excluding any tourist tax.

Les Gites de Sarah et Claude reserves the right to pass on any change in the VAT rate to the price of the accommodation. The owner also reserves the right to change its prices at any time. Nevertheless, the price shown on the site on the day of the order will be the only price applicable to the purchaser.

Customers booking accommodation must pay a tourist tax, set by resolution of the municipal council concerned by the accommodation booked, if they are not domiciled in the municipality and do not own a residence there for which they would be liable for council tax. This tourist tax, if it is not explicitly added to the price of the accommodation and paid at the time of booking, may be applied and requested on site at the end of the stay. In any case, it will be itemised for the customer, if applicable, on the invoice they receive.

Article 5 – Duration of the stay

The customer signing this contract, concluded for a fixed term, may under no circumstances claim any right to remain in the premises at the end of their stay.

Article 6 – Exemption of the publisher’s liability in the performance of this contract

In the event of inability to access the site, due to technical problems or problems of any kind, the user may not claim damage and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more services offered by the site cannot constitute a prejudice for internet users and cannot in any way give rise to the award of damages by the publisher of the site. The photographs of the accommodation and services presented on the site are not contractually binding; the publisher of this site cannot therefore be held liable if the characteristics of the accommodation differ from the visuals on the site or if the latter are erroneous or incomplete. The hyperlinks on this site may lead to other websites, and the publisher of this site cannot be held liable if the content of these sites contravenes the legislation in force. Likewise, the publisher of this site cannot be held liable if the internet user’s visit to one of these sites causes them harm.

Article 7 – Intellectual property rights relating to the elements published on this site

All the elements of this site belong to the publisher or to an authorised third party, or are used by the publisher on the site with the authorisation of their owner. Any copying of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to infringement.

Article 8 – Trademarks

The trademarks and logos contained on the site are registered by Les Gites de Sarah et Claude, or possibly by one of its partners. Any person carrying out their representation, reproduction, embedding, distribution or rebroadcast incurs the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.

Article 9 – Limitation of liability

The publisher of the site, in particular in the online booking process, is bound only by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or others. The publisher of the site, Les Gites de Sarah et Claude, cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. The user expressly agrees to use the site at their own risk and under their exclusive responsibility. The site provides the user with information for guidance only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, Les Gites de Sarah et Claude can under no circumstances be held liable for: – any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers or of data that may result, among other things, from the use of the site, or conversely from the impossibility of its use; – a malfunction, unavailability of access, misuse, incorrect configuration of the user’s computer, or the use by the user of a rarely used browser; – the content of advertisements and other links or external sources accessible by the user from the site.

Article 10 – Access to the site

The publisher of the site cannot be held liable due to technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, an update, a modification of the site, an intervention by the host, an internal or external strike, a network failure, a power cut, or an incorrect configuration or use of the user’s computer.

Article 11 – Applicable law and mediation

These general terms and conditions are subject to French law. They may be modified at any time by the publisher of the site or its representative. The general terms and conditions applicable to the user are those in force on the day of their booking or their connection to this site. The publisher naturally undertakes to keep all its previous general terms and conditions and to send them to any user who requests them. Except for public policy provisions, any disputes that may arise in the performance of these general terms and conditions may, before any legal action, be submitted to the publisher of the site for amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided by public policy, any legal action relating to the performance of this contract must be submitted to the jurisdiction of the courts within the remit of the Court of Appeal seised.

Consumer mediation: According to Article L.612-1 of the French Consumer Code, it is recalled that “every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme”. In this respect, Les Gites de Sarah et Claude SAS offers its private customers, in the context of disputes that have not been resolved amicably, the mediation of the APPROVED CONSUMER MEDIATOR – DEVIGNY MEDIATION, whose contact details are as follows:

Name of the mediator: DEVIGNY MEDIATION
Address: 9 avenue René GASNIER, D01 – 49100 ANGERS
Website: https://www. devignymediation.fr
Email address: contact@devignymediation.fr

It is recalled that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to the courts.

Article 12 – Use of Cookies

A “Cookie” allows the identification of the user of a site, the personalisation of their consultation of the site and the acceleration of the display of the site by saving a data file on their computer. The site may use “Cookies” mainly to

obtain browsing statistics in order to improve the user experience, and
allow access to content that is not accessible without a record of the user’s actions (in particular in the booking process). The user acknowledges being informed of this practice and authorises the publisher of the site to use it. The publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the case of a legal requisition. The User may refuse the recording of “Cookies” or configure their browser to be notified before accepting “Cookies”.

To do so, the user shall configure their browser:

For Internet Explorer: http:/windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari: https://support.apple.com/fr-fr/ht1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=tr&hlrm=en&safe=on
For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

Article 13 – Booking process and conclusion of the booking contract

Hereinafter, “Basket” shall be defined as the intangible object grouping together all the services selected by the user of the site with a view to a booking. As soon as the internet user considers that they have selected and added to their basket all the services they wish to book, they will be able to confirm their booking. They will then be redirected to a summary page on which they will take note of, or be informed of, the number and characteristics of the nights booked, as well as their unit price. If they wish to confirm their order, the internet user must tick the box relating to the ratification of these general terms and conditions and click on the confirmation button. The internet user will then be redirected to a page in which they must fill in the booking form fields. In this latter case, they must provide a certain amount of personal data concerning them, necessary for the smooth running of the booking. The internet user will then be able to confirm their booking with the site, and the user will be given payment instructions to conclude this booking, using the means of payment listed in the section of these general terms and conditions relating to payments. The internet user is invited to pay, within a maximum period from the booking (but more quickly in the case of a booking made at shorter notice), the entire total amount of the price of the nights booked. Once this payment has been received, the booking becomes firm and this contract concluded. By making this payment, the customer confirms their full and complete agreement with these general terms and conditions. It is recalled that without payment within the allotted time, the booking is not confirmed and, consequently, the owner reserves the right to recover the requested accommodation. Once their booking is effective, the internet user will be sent a booking confirmation by email or post, reminding them of the content of the booking and the services requested, and their price. Additional consumption and services not mentioned in this contract shall be paid by the customer to the owner, at the latest at the end of the stay.

Article 14 – Information relating to payment of the booking

The internet user may place an order on this site and may make payment, at the time of booking or before arrival at the accommodation, by bank card. Once at the accommodation, the following means of payment are accepted: cash, cheques. Payments by bank card via the site are made by means of secure transactions provided by an online payment platform provider. This site has no access to any data relating to the user’s means of payment. Payment is made directly into the hands of the bank or payment provider receiving the customer’s payment.

Article 15 – Booking cancellation conditions

Cancellation by the customer: Any cancellation must be notified to the owner as soon as possible, by email or post, fax or telephone. In accordance with Article L.221-28 of the French Consumer Code, the booking of accommodation services is excluded from the right of withdrawal for distance contracts. The legal withdrawal period of 14 days (Article L.221-18 of the French Consumer Code) therefore cannot apply. The owner of the accommodation does however offer refund facilities in the event of cancellation or no-show, according to the following terms: Holidaymakers who cancel at least 30 days before arrival will recover 100% of the amount they have paid. If they cancel between 14 and 30 days before
check-in, they will be refunded 50%. Otherwise, they will not be refunded. In the event of a shortened stay, the price corresponding to the cost of the accommodation remains fully payable to the owner. Any additional services not consumed will be refunded. Cancellation by the owner of the accommodation: If before the start of the stay the owner wishes to cancel the booking, the customer will be informed as soon as possible by email or post, fax or telephone. The customer, without prejudice to any claims for compensation for damage suffered, will be immediately refunded all sums paid at the time of booking or subsequently relating to this booking (any deposits, down payments, advances, etc.).

Article 16 – Conditions of the stay, house rules and respect for the premises

The arrival and departure times are displayed on the site, and the customer must respect them. The customer must arrive on the day mentioned on the booking confirmation received. In the event of late or deferred arrival, the customer must inform the owner. Use of the accommodation: the customer must respect the peaceful nature of the premises (accommodation and surroundings) and use them in accordance with their intended purpose. They undertake to return the accommodation in good condition. Capacity: the accommodation offers presented on the site are for a specific or maximum number of people. If the number of customers exceeds the number stated in the description of the accommodation or the order confirmation, the owner is entitled to refuse the additional customers or to request payment of an additional sum. This refusal can in no way be considered as a modification or breach of the contract at the initiative of the owner, so that in the event of the departure of a number of customers greater than those refused, no refund can be considered. Pets: unless otherwise stated in the descriptions of the accommodation offered, certain pets are accepted at the accommodation, under the following conditions: dogs, cats, others on request. Customers who own the animals accommodated will be held responsible for any damage to the accommodation that their animals may cause. In the event of the owner’s refusal to accommodate certain animals at the accommodation, this refusal can in no way be considered as a modification or breach of the contract at the initiative of the owner, so that in the event of the customer’s departure, no refund can be considered.

Safety, liability and proper use of shared facilities

Swimming pools, river, jacuzzi and sauna: access to and use of the shared facilities (swimming pools, river, jacuzzi, sauna, etc.) are left at the free disposal of customers, under their full responsibility. Les Gîtes de Sarah et Claude cannot be held responsible in the event of an accident, fall, drowning or other incident occurring around or in these facilities. It is the customer’s responsibility to supervise children and to comply with the safety instructions displayed or given.
Breakage, loss, theft or damage: any deliberate or accidental damage, any loss or theft of furniture, objects or equipment made available, whether in the accommodation or in the shared areas (SPA, fitness room, swimming pool, etc.) will be invoiced at the as-new price, including if the damage is caused by animals.
Animals: animals are accepted under conditions. In the event of damage or nuisance caused by them, the customer will be financially responsible. The necessary repairs, replacements or cleaning will be invoiced at the as-new price.
Respect for the accommodation capacity and prohibition on inviting outside persons: it is strictly forbidden to invite persons beyond the number of people mentioned at the time of booking, whether in the accommodation or in the shared facilities (SPA, jacuzzi, sauna, swimming pool, etc.). Any breach of this rule may result in the invoicing of a fixed charge corresponding to one additional night per undeclared person, as well as immediate eviction without refund.
Noise nuisance: the calm and tranquillity of the premises must be respected at all times. It is forbidden to generate noise nuisance, by day or by night, in particular through the use of speakers, loud music, shouting or noisy behaviour. Any breach may result in sanctions, or even immediate eviction, without refund, in accordance with the regulations in force on noise.

Article 17 – Archiving

Les Gites de Sarah et Claude will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerised records will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.

Article 18 – Framework of the conditions

If any provision of the General Terms and Conditions is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the Conditions and shall not affect the validity and enforceability of the remaining provisions. These conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The general terms and conditions are not assignable, transferable or sub-licensable by the user themselves.

A printed version of the Conditions and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the general terms and conditions. The parties agree that all correspondence relating to these Conditions of use must be written in the French language.

Article 19 – Notifications

Any notification or notice concerning these general terms and conditions, the legal notice or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognised courier service that allows regular tracking of its parcels, or by email to the addresses indicated in the site’s legal notice, specifying your surname, first name, contact details and the subject of the notice.

Article 20 – Complaints

Any complaint related to the use of the website, the service, or any other related service, the site’s pages on any social networks or the general terms and conditions, legal notice or personal data charter must be filed within 365 days following the day of origin of the problem giving rise to the complaint, regardless of any law or rule of law to the contrary. In the event that such a complaint has not been filed within the following 365 days, such a complaint shall be forever unenforceable in court.

Article 21 – Inaccuracies

It is possible that, throughout the website and the services offered, and to a limited extent, there may be inaccuracies or errors, or information that is inconsistent with the general terms and conditions, the legal notice or the personal data charter. Furthermore, it is possible that unauthorised modifications may be made by third parties to the site or to ancillary services (social networks, etc.). We make every effort to ensure that such discrepancies are corrected. In the event that such a situation escapes our attention, please contact us by post or by email at the addresses indicated in the site’s legal notice with, if possible, a description of the error and its location (URL), as well as sufficient information to enable us to contact you. For requests relating to copyright, please refer to the section on intellectual property.

Article 22 – Customer responsibilities and specific conditions of the stay

Customer’s civil liability: the customer (the natural person who made the booking) is solely responsible for any damage, accident or incident caused to any person, property, equipment or animal occurring during their stay. This responsibility extends to all accompanying persons.

Accidents, allergies and activities: Les Gîtes de Sarah et Claude SAS declines all responsibility in the event of:
- allergies (to cleaning products, plants, animals, the environment, etc.),
- stings or bites (insects, ticks, animals, etc.),
- accidents occurring during the use of the facilities made available, such as: trampoline, treetop courses, hanging chairs, hammocks, or any other leisure or relaxation equipment.

Arrival and departure times:
- Arrival is possible from 4pm.
- Departure must take place no later than 10am.
- Any unauthorised overstay may be subject to additional invoicing.

Household linen:
- The linen provided (sheets, towels, etc.) must be returned in good condition.
- Any missing, heavily stained or irreparably damaged item will be invoiced to the customer, on the basis of the replacement cost.

Article 23 – Video surveillance of outdoor entrances

For security reasons, each gîte is equipped with outdoor cameras aimed exclusively at the entrances.
These cameras monitor the main access points of the accommodation and do not film the interior or the private living areas (terraces, spa, gardens, etc.).

The recordings are kept for a limited period, in compliance with the applicable legislation, and are only accessible to the legal representatives of Les Gîtes de Sarah et Claude SAS, except at the request of the competent authorities.

By accepting these terms and conditions, the customer acknowledges having been informed of the presence of this surveillance system.

Article 24 – Prohibition on charging electric vehicles

For reasons of safety and compliance with the electrical installations, it is strictly forbidden to charge any electric or hybrid vehicle (car, scooter, bicycle, etc.) from the electrical sockets of the gîtes, whether indoor or outdoor.

Any breach of this rule engages the customer’s liability and may result in additional invoicing in the event of damage or excessive electricity consumption, or even immediate termination of the stay without refund.