General terms and conditions of rental

This English translation is provided for convenience only. The French version is the legally binding text.

1. Purpose

These general terms and conditions set out the rights and obligations of the parties in connection with the remote booking of services offered by our establishment, whose contact details are specified in this booking confirmation document. They govern all the stages required for the booking, and for the follow-up of the booking, between the contracting parties. The client acknowledges having read and accepted these general terms and conditions of sale and the conditions of sale of the booked rate, which are available on our booking platform. These general terms and conditions of sale apply to all bookings made online via our booking platform.

2. Booking

The client chooses the services presented on our booking platform. The client acknowledges having read about the nature, intended use and booking terms of the services available on our booking platform, and having requested and obtained the necessary and/or additional information to make the booking in full knowledge of the facts. The client alone is responsible for the choice of services and their suitability for his or her needs, so that we cannot be held liable in this respect. The booking is deemed accepted by the client at the end of the booking process.

3. Booking process

Bookings made by the client are made by means of the electronic booking form available online on our booking platform. The booking is deemed concluded upon receipt of the booking form. Before making any booking, the client undertakes to complete the information requested on the booking form or booking request. The client certifies that the information provided is true and accurate. Once the services to be booked have been finally chosen, the booking procedure includes, in particular, entering bank card details where a guarantee or prepayment is required, reading and accepting the general terms and conditions of sale and the conditions of sale of the booked rate before the booking is validated and, finally, validation of the booking by the client.

4. Acknowledgement of receipt of the booking

Our booking platform acknowledges receipt of the client’s booking by sending an email without delay. In the case of an online booking, the email acknowledging receipt of the booking summarises the contractual offer, the services booked, the prices, the conditions of sale relating to the selected rate as accepted by the client, the date on which the booking was made, information on after-sales service, and the address of the seller’s establishment to which the client may submit complaints.

5. Cancellation or modification by the client

The client is reminded that, in accordance with Article L. 121-21-8 12° of the French Consumer Code (Code de la consommation), he or she does not have the right of withdrawal provided for in Article L. 121-21 of the Consumer Code. The conditions of sale of the booked rate specify the terms for cancelling and/or modifying the booking. Bookings with prepayment may not be modified and/or cancelled. Sums paid in advance as ‘arrhes’ (under French law, a deposit that the client forfeits on cancellation) will not be refunded. In this case, this is stated in the conditions of sale of the rate. Where the conditions of sale of the booked rate allow, the booking may be cancelled directly with the establishment, whose telephone details are given on the booking confirmation sent by email. Every booking is made in the client’s name and may under no circumstances be transferred to a third party, whether free of charge or for consideration.

6. Use of the services

In accordance with the regulations in force in certain countries, the client may be asked to fill in a police registration form (fiche de police) on arrival. To this end, the client will be asked to present an identity document so that it can be checked whether or not he or she must complete the police registration form. Any behaviour contrary to accepted standards of decency (bonnes mœurs) or to public order will lead the establishment to ask the client to leave the establishment without any compensation and/or without any refund if payment has already been made. For establishments with House Rules (Règlement Intérieur), the client accepts and undertakes to comply with those rules. Should the client fail to comply with any provision of the House Rules, the establishment will be obliged to ask the client to leave the establishment without any compensation and/or without any refund if payment has already been made.

7. Liability

The photographs shown on our booking platform are not contractually binding. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate an impression as possible of the services offered, variations may occur between the time of booking and the day on which the service is used. The establishment cannot be held liable for the non-performance or improper performance of the booking in the event of force majeure, the act of a third party or the act of the client, in particular unavailability of the internet network, inability to access the website, external intrusion, computer viruses or prepayment not authorised by the cardholder’s bank. Any booking or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the client will result in the cancellation of the order at the client’s expense, without prejudice to any civil or criminal action against the client.

8. Complaints

Complaints relating to the non-performance or improper performance of the booked services must be brought to our attention in writing within eight days of the date of departure from the establishment, failing which they will be time-barred.

9. Prices

The prices for booking the services are shown before and during the booking process. Prices are confirmed to the client inclusive of all taxes (TTC), in the establishment’s trading currency, and are valid only for the period indicated on the booking platform. If the establishment’s charge is made in a currency other than that confirmed on the booking, any exchange fees are payable by the client. All bookings, whatever their origin, are payable in the establishment’s local currency, unless special provisions are indicated on site. Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes (taxes de séjour), etc.), where applicable, as shown on the rates page, are to be paid directly to the establishment on site. Prices include the VAT (TVA) applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the prices shown on the invoice date. Any change to statutory or regulatory taxes, or introduction of new ones, imposed by the competent authorities will automatically be reflected in the prices shown on the invoice date.

10. Payment

Unless special conditions or rates apply, the client provides his or her bank details as a guarantee for the booking, by bank credit card or private-label card (Visa, Mastercard, American Express, Diners Club… depending on the options offered by the establishment’s booking platform), by entering directly in the field provided for this purpose (secure entry with SSL encryption) the card number, without spaces between the digits, its expiry date (it being specified that the bank card used must be valid at the time the service is used) and the card security code. The client must present himself or herself at the establishment with the bank card used to guarantee the booking. Payment is charged at the establishment during the stay, except in the case of special conditions or rates, where part or all of the payment is charged at the time of booking. This prepayment constitutes ‘arrhes’ (a non-refundable deposit). In the event of a no-show (booking not cancelled – client not present) for a booking guaranteed by bank card, the establishment will charge the client, as fixed compensation, the amount indicated in its general and special conditions of sale. The establishment has chosen elloha.com/stripe.com to secure online payments by bank card. The validity of the client’s payment card is checked by stripe.com. A payment card may be declined for a number of reasons: stolen card, blocked card, limit reached, input error… In the event of a problem, the client should contact his or her bank on the one hand, and the establishment on the other, in order to confirm the booking and method of payment. For a rate subject to online prepayment, the sum paid in advance, namely the ‘arrhes’ (deposit), is charged at the time of booking. Some establishments may issue invoices/bills electronically; the original file is certified and available online at the web address provided by the establishment.

11. Privacy

On each form used to collect personal data, the client is informed by means of an asterisk whether answers are mandatory or optional. The information processed is intended for the establishment, elloha.com, its entities, its partners and its service providers (in particular online payment providers). The client authorises elloha.com to disclose his or her personal data to third parties, provided that such disclosure is compatible with the performance of the operations incumbent on elloha.com under these general terms and conditions and in connection with the Customer Personal Data Protection Charter. In particular, for online payments, the client’s bank details will have to be transmitted by the payment provider stripe.com to the establishment’s bank for the performance of the booking contract. The client is informed that this data transfer may therefore take place in foreign countries that do not provide adequate protection of personal data within the meaning of the French Data Protection Act (loi Informatique et Libertés). However, the client consents to this transfer, which is necessary for the performance of his or her booking. Constellation SAS / Stripe.com, in their capacity as professionals, have undertaken towards the establishment to take all measures necessary to ensure the security and confidentiality of the data for such data transfers.

12. Agreement on evidence

Entering the required bank details, together with accepting these general terms and conditions and the booking form or booking request, constitutes an electronic signature which, between the parties, has the same value as a handwritten signature. The computerised records kept in elloha.com’s computer systems will be stored under reasonable security conditions and regarded as evidence of the communications, orders and payments made between the parties. The client is informed that his or her IP address is recorded at the time of booking.

13. Force majeure

Force majeure means any event external to the parties that is both unforeseeable and insurmountable and that prevents either the client or the establishment from fulfilling all or part of the obligations provided for in the contract. Cases of force majeure or fortuitous events (cas fortuit) are those usually recognised by the case law of the French courts and tribunals. Neither party may be held liable to the other party for failure to perform its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends the performance of the parties’ reciprocal obligations and that each party bears the costs arising therefrom.

14. Dispute resolution

These General Terms and Conditions of Sale are governed by the law of the country in which the establishment is located, without prejudice to any mandatory protective provisions that may apply in the consumer’s country of residence.

15. Entire agreement

These General Terms and Conditions of Sale, the conditions of sale of the rate booked by the client, and the booking form or booking request set out the entirety of the parties’ obligations. No general or specific conditions communicated by the client may be incorporated into these general terms and conditions. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the booking form or booking request (including the special conditions of the booked rate) and these general terms and conditions. In the event of any conflict between the booking form and the general terms and conditions, the provisions of the booking form alone will apply to the obligation in question. These general terms and conditions of online sale may be amended and/or supplemented by the establishment at any time. In that case, the new version of the general terms and conditions of online sale will be published online by the establishment. As soon as it is published online, the new version of the general terms and conditions of online sale will apply automatically to all clients.