TERMS OF SALES
CLAUSE n ° 1: PURPOSE and SCOPE OF ACTION
The following General Conditions of Sale, also called GTC, apply to sales transactions concluded by EURL Les Hauts de Chaumont, hereinafter referred to as the Company.
They describe the rights and obligations of the Company and its Client, in the context of the sale of:
- Breakfast service
- Rental of guest rooms
- Host table service
- Holiday rental in a gîte
- Tourist tax
- Additional services (laundry service, booking service for activities / visits, car service).
These T & Cs apply to any use of the Site, in particular to the Internet and telephone marketing of all the services offered on the site.
Any service performed by the Company implies the buyer's unreserved acceptance of these T & Cs.
CLAUSE n ° 2: CAPACITY
The client acknowledges having the capacity to contract, that is to say having the legal majority and not being under guardianship or guardianship.
The customer also acknowledges using the site in accordance with these T & Cs, in his name, in the name and on behalf of all the beneficiaries of the services ordered on the site, for which he acknowledges being the agent.
The customer is financially responsible for the use of the Site, both in his name and on behalf of the beneficiaries, unless he can demonstrate fraudulent use not resulting from any fault or negligence on his part.
The customer guarantees the veracity and accuracy of the information provided by him, in his name and on behalf of all beneficiaries using his data on the Site.
The Company reserves the right at any time not to enter into a contract with a customer who uses the Site fraudulently or who contravenes these T & Cs.
CLAUSE N ° 3: RIGHT OF WITHDRAWAL
Pursuant to the provisions of article L 121-21-8 of the Consumer Code, the services offered on the Site by the Company are not subject to the application of the right of withdrawal provided for in articles L. 121-21 and following of the consumer code in terms of distance selling.
Consequently, the services ordered on the Site are exclusively subject to the cancellation and modification conditions provided for in these T & Cs (clause 12) and the Customer may not invoke the right of withdrawal.
CLAUSE n°4 : PRICE
The Company being exempt from VAT, all the prices presented are therefore inclusive of all taxes, all taxes included, and are in EUROS.
The Company grants itself the right to change its prices at any time, without prior information or notice. However, it undertakes to invoice the services reserved at the rate in effect at the time of booking.
Rates are per room or space reserved, and for the number of people indicated, depending on the period selected.
The prices indicated only include the services strictly mentioned in the reservation. To these mentioned prices will be added the additional services provided by the Company during the stay, and in particular the tourist taxes.
Tourist taxes, collected by the Company from each client, are set each year by the “Pays des Châteaux” organization.
CLAUSE n ° 5: DISCOUNT and DISCOUNTS
The prices offered include the discounts and rebates that the Company would be required to grant in view of its results or the assumption by the buyer of certain services.
CLAUSE n ° 6: DISCOUNT
No discount will be granted in the event of early payment.
CLAUSE n ° 7: TERMS OF PAYMENT
Payment of the deposit when booking is made either by bank transfer, or via a Paypal-type application, or by check or by credit card.
Le règlement du solde du séjour s’effectue soit par carte bancaire, soit par chèque, soit en espèces. Il est dû au début du séjour à la remise des clés de l’espace réservé (chambre ou gîte).
Payment of the balance for the stay is made either by credit card, check, or cash. It is due at the start of the stay upon handing over the keys to the reserved area (room or gîte).
CLAUSE n ° 8: LATE PAYMENT
In the event of total or partial non-payment of the stay and services reserved, the buyer must pay the Company a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of the start of the stay.
From January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014) .
This penalty is calculated on the amount including tax of the amount remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum indemnity of 40 euros due for recovery costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
CLAUSE n ° 9: CANCELLATION CLAUSE
If within the fifteen days following the implementation of the "Late payment" clause, the customer has not paid the sums still due, the sale will be automatically terminated and may give rise to the right to an award of damages for the benefit of the Company.
CLAUSE N ° 10: RESERVATION OF OWNERSHIP
The Company's activity is based on short or medium-term tourist accommodation. In this context, its customers are therefore tenants of the spaces they reserve for the duration of their stay.
The Company retains ownership of the goods sold until full payment of the price, in principal and in accessories.
CLAUSE N ° 11: DELIVERY
In the course of its activities, the concept of delivery does not apply to the Company.
Depending on the customer's reservation details, the Company manager agrees to send him his welcome booklet, internal regulations and cancellation conditions by email upon receipt of his request.
For the rental of a cottage, the Company undertakes to issue a detailed rental contract, which the customer can validate and complete with his contact details.
When the client arrives on site, the manager gives him the keys to the reserved area as well as the instructions relating to his stay.
CLAUSE N ° 12: CANCELLATION CONDITIONS
The date of receipt of the modification and / or cancellation request (by email, letter, telephone) is the date chosen for the cancellation.
All reservations are accompanied by the payment of a deposit of 30% of the price of the stay for guest rooms, and 50% for the rental of the gîte. If the reservation is made less than 10 days before the start of the stay, full payment is requested.
- Any cancellation made more than 30 days before the date of the stay will result in the reimbursement of the amount of the basic deposit (30% of the amount of the stay).
- Any cancellation occurring between 30 days and 11 days before the date of the stay involves a penalty equal to the amount of the deposits paid. The minimum penalty is equal to one night at the current rate.
- Any cancellation made less than 11 days before the date of the stay involves a penalty equal to 50% of the amount of the stay.
- Any cancellation made less than 4 days before the date of the stay involves a penalty equal to 90% of the amount of the stay.
- Any cancellation on the day of the stay implies full payment of the stay.
No refund or credit will be granted for an early departure or an arrival beyond the scheduled date.
The same will apply for a partial cancellation of the reservation.
In the health context linked to this pandemic, the cancellation conditions are changing as follows:
a reservation may be canceled without any penalty up to 4 days before the date of arrival, if the cause is directly linked to the pandemic (contamination, contact, inability to travel). Cancellation will then be accepted upon presentation of proof. The deposit paid will then be refunded or converted into a credit note valid for 18 months for a new stay of equivalent duration.
If the cancellation occurs less than 4 days before the date of arrival, the value of one night will be retained as a penalty and the residual amount of the deposit paid will be converted into a credit note for a future stay.
CLAUSE N ° 13: COMPUTING AND FREEDOMS
Pursuant to Law 78-17, known as IT and Civil Liberties, customers are warned that their reservation is subject to computerized personal processing. Customers have the right to access and rectify the data entered, which is exercised at the head office:
Les Hauts de Chaumont, 2 rue des Argillons, 41150 Chaumont sur Loire.
It is specified that this information is not communicated to third parties.
The Company offers wifi internet access. The Customer agrees that the IT resources made available to him provision is not in any way used for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright, by neighboring rights such as texts, images, photographs, audiovisual musical works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code when this authorization is required.
The establishment has a video surveillance system in the car park.
CLAUSE N ° 14: MAJOR FORCE
The responsibility of the Company cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external event, unpredictable and irresistible within the meaning of article 1148 of the Civil Code.
CLAUSE N ° 15: COMPETENT COURT
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Blois (41).