GENERAL TERMS AND CONDITIONS OF SALE
LE GRAND FAUBOURG – GÎTES IN LORRIS
Operator: SCI LENNOX
Registered office: 33 Grand Rue – 45260 Lorris
SIREN: 840 745 400
SIRET: 840 745 400 00019
Share capital: €1,600
Establishment: Le Grand Faubourg – 2 rue du Faubourg de Gien – 45260 Lorris
E-mail: sci.lennox@gmail.com
Telephone: +33 6 59 07 20 05 / +33 6 89 74 68 58
The legal information for SCI LENNOX above currently corresponds to the official data of the national register: active company, SIREN 840 745 400, registered office 33 Grand Rue in Lorris and share capital of €1,600.
1. Purpose and scope
These General Terms and Conditions of Sale, hereinafter referred to as "GTC", govern reservations and stays made at the establishment Le Grand Faubourg , operated by SCI LENNOX.
These apply in particular to bookings made directly with the establishment or through its website and its Elloha booking engine.
Any reservation implies knowledge and unreserved acceptance of these General Terms and Conditions as well as the specific conditions corresponding to the rate, offer or promotion selected at the time of booking.
When the booking is made through a third-party platform such as Airbnb, Booking.com or any other distributor, the specific booking, payment, modification and cancellation conditions displayed and accepted on that platform prevail for the matters they govern.
In the event of any conflict between these General Terms and Conditions and the specific conditions expressly displayed for the reserved rate, the specific conditions of the reserved rate shall prevail .
2. Accommodation characteristics
The customer acknowledges having read, before booking, the essential characteristics of the chosen accommodation, its facilities, its maximum capacity, its price and any additional services offered.
The photographs and descriptions are intended to represent the accommodations as accurately as possible. Minor changes to decor, furniture, or equipment that do not substantially alter the service may occur.
The maximum capacity allowed is that indicated at the time of booking. It cannot be exceeded without the prior written agreement of the establishment.
The establishment may refuse access to any additional undeclared person when their presence results in exceeding the authorized capacity or contravenes safety rules or booking conditions.
3. Booking Formation
The customer chooses the accommodation, dates, price and any additional services offered at the time of booking.
It is his responsibility to verify the accuracy of the information entered, including his contact details, the dates of the stay and the number of occupants.
The reservation becomes final after validation of the order by the customer and confirmation by the establishment or by the booking platform.
A confirmation email summarizes, in particular, the dates of the stay, the accommodation booked, the chosen rate, the amount of the booking as well as the applicable special conditions.
The customer must keep this confirmation.
4. Price
The applicable prices are those displayed at the time of booking.
The total price and any mandatory fees are communicated to the customer before final confirmation of their reservation.
The tourist tax is charged or collected according to the regulations and procedures applicable at the time of the stay.
Any additional services, including wellness services, optional services or other services booked separately, are charged at the rate indicated to the customer at the time of booking.
Promotional offers, promotional codes and discounts cannot be combined with each other unless expressly stated otherwise.
A subsequent change in prices does not affect a reservation that has already been confirmed.
5. Payment
The applicable payment terms and deadlines are those indicated to the customer before the booking is confirmed.
Depending on the chosen rate, payment may be required in full or in part at the time of booking or according to the schedule indicated in the confirmation.
Unless otherwise expressly stated, sums paid in advance for the reservation are considered deposits and are deducted from the total price of the stay.
This clarification is important because, unless otherwise stipulated, the Consumer Code presumes that sums paid in advance constitute a deposit.
Online payments are made through the payment providers offered in the booking engine.
When a facility or installment payment is offered by a specialized provider, the specific terms and conditions of that service are communicated to and accepted separately by the client.
In the event of refusal or failure of payment, the reservation is only considered settled after effective validation of the corresponding payment.
6. No right of withdrawal
In compliance with articleArticle L.221-28, 12° of the Consumer Code, provides accommodation services which must be provided on a specific date or during a specific period do not benefit from the fourteen-day right of withdrawal applicable to certain distance contracts.
The reservation is therefore subject, from the moment of confirmation, to the cancellation conditions corresponding to the chosen rate.
7. Cancellation by the customer
Cancellation conditions depend on the rate selected at the time of booking .
The date and time of receipt of the cancellation request by the establishment or by the booking platform shall be considered valid.
7.1 Standard tariff or flexible tariff
Unless otherwise expressly stated at the time of booking:
More than 4 days before arrival: cancellation can be made without penalty;
between 4 and 3 days before arrival: compensation corresponding to 50% of the total amount of the reservation is due;
From 48 hours before the scheduled arrival time until arrival: 100% of the total booking amount is due and no refund is given.
When sums have already been collected, they are kept up to the amount of the applicable cancellation fee.
When the amounts already collected are less than the amount due under these conditions, the corresponding balance remains payable.
7.2 Non-refundable fee
When a reservation is expressly offered and accepted at the "Non-refundable" rate, the reservation is firm and final.
100% of the reservation amount is due , in accordance with the payment terms indicated at the time of booking.
In the event of cancellation initiated by the client, no refund will be issued, regardless of the date of cancellation , subject to applicable mandatory legal provisions.
The non-refundable reservation cannot be modified or postponed, except with the exceptional written agreement of the establishment.
A possible commercial agreement given exceptionally for one reservation cannot create a right for other reservations.
7.3 Promotions and special offers
A promotion, discount or special offer does not necessarily constitute a non-refundable rate.
The applicable cancellation conditions are those indicated for the offer chosen at the time of booking .
Thus, a promotional offer may benefit from the conditions of the standard rate or be offered as non-refundable if this is clearly indicated before booking.
8. No-show
When the customer does not show up on the scheduled date and has not previously cancelled their reservation under the conditions stipulated in this contract, they are considered a non-show .
In case of no-show, 100% of the total booking amount is due .
The establishment may consider the reservation as cancelled for the entire stay when the customer has not shown up on the first day and has not given any information regarding a delayed arrival.
9. Late arrival
The customer must respect the arrival times and arrangements communicated in their booking confirmation.
In case of late arrival, the customer must notify the establishment as soon as possible so that access arrangements can be made.
A late arrival does not entitle you to any reduction in the price of your stay.
10. Early departure
Any stay that has commenced is payable in accordance with the conditions of the reserved rate.
An early departure decided by the client for personal convenience does not entitle them to any refund of unused nights or services, subject to the applicable mandatory legal provisions.
11. Reservation modification
Any request to change dates, accommodation or services must be addressed to the establishment.
A change is only effective after written acceptance by the establishment and, where applicable, payment of the price difference.
The establishment is not obliged to accept a modification when availability does not allow it or when the reserved rate is expressly indicated as non-modifiable.
A change may result in the application of the rates in effect for the new dates requested.
12. Cancellation by the establishment
When the establishment is unable to provide the reserved service for a reason attributable to it, it informs the customer as soon as possible.
The amounts corresponding to services that cannot be provided are refunded, without prejudice to any other rights the client may have under applicable law.
Where possible and with the client's agreement, an equivalent or superior solution may be offered as a replacement.
The establishment cannot reserve the discretionary right to cancel a service while retaining payment from the client. Such a clause would be considered unfair under the Consumer Code.
13. Force majeure
Neither party shall be held liable for any failure resulting from an event constituting force majeure within the meaning of Article 1218 of the Civil Code.
When an impediment is temporary, the execution of the contract is suspended under the conditions provided for by law.
When a force majeure event permanently prevents the execution of the contract, the consequences on the reservation and the sums paid are determined in accordance with the applicable legal provisions.
Article 1218 does indeed provide that in the event of a definitive impediment resulting from force majeure, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for by law.
14. Accommodation occupancy conditions
Accommodation must be used in accordance with its intended purpose, in a reasonable manner and with respect for the premises, the neighborhood and safety rules.
The client is responsible for the persons occupying or visiting the accommodation under their responsibility.
Excessive disturbances, dangerous behavior, illegal activities or intentional damage are prohibited.
In the event of a serious or repeated breach making it impossible to continue the normal stay, the establishment may ask the client to leave the premises, without prejudice to its right to claim compensation for the actual damage suffered.
15. Damage, losses and exceptional cleaning
The client is responsible for any damage or loss caused by themselves or by those for whom they are responsible during their stay.
The costs necessary for the repair or replacement of damaged or missing property may be charged to the customer based on the actual and justified damage .
Similarly, when the condition in which the accommodation is left requires obviously abnormal cleaning or interventions exceeding the usual cleaning planned between two stays, the additional costs actually incurred and justified may be claimed from the client.
No manifestly disproportionate fixed compensation may be applied. Clauses imposing manifestly disproportionate compensation on the consumer are presumed to be unfair under the Consumer Code.
16. Capacity and people present
Only the persons declared in the reservation are authorized to regularly occupy the accommodation.
The number of occupants cannot exceed the maximum capacity indicated for the accommodation.
The client must notify the establishment of any changes to the number of occupants before arrival.
The establishment may refuse occupancy exceeding the maximum authorized capacity.
17. Services and equipment
The equipment provided must be used in accordance with its intended purpose and any instructions provided.
Any anomaly or malfunction must be reported to the establishment as soon as possible in order to allow for its resolution.
An interruption or failure originating from an external supplier or from an event reasonably beyond the control of the establishment cannot engage its liability beyond what is provided for by applicable legislation.
Optional services are provided subject to availability and according to the conditions displayed or communicated at the time of booking.
18. Complaints during your stay
Any difficulties encountered during the stay must be reported to the establishment as soon as possible so that it can, where possible, remedy them.
A subsequent complaint can be sent in writing to the establishment's contact details.
No contractual deadline of 14 days is set under penalty of forfeiture.
This wording is a significant improvement over your previous clause, which stipulated that a claim had to be submitted within fourteen days "under penalty of forfeiture." I would not retain this old limitation.
19. Individual police record for foreign clients
In accordance with regulations applicable to tourist accommodation, foreign clients may be required to complete and sign an individual police registration form upon arrival.
Information is collected and stored under the conditions stipulated by regulations.
This obligation applies in particular to owners of furnished tourist accommodation; the forms must be kept for six months and handed over only, upon their request, to the police services or gendarmerie units.
20. Personal data
The personal data collected during the booking process is used in particular to manage the booking, the stay, payment, invoicing and the establishment's legal obligations.
They may be transmitted to the service providers strictly necessary for the execution of these operations, in particular the booking engine, the distribution platforms and the payment providers concerned.
The customer has the rights provided for by the applicable regulations regarding the protection of personal data.
The full details concerning the purposes of the processing, its legal basis, the recipients, the retention periods and the exercise of the customer's rights must be included in a separate privacy policy .
This is preferable to your old, very long GDPR clause: the CNIL specifically recommends that the privacy policy be separate from the terms and conditions and easily accessible from the website.
21. Electronic evidence
The validation of the reservation, the acceptance of these General Terms and Conditions and the conditions of the reserved rate, as well as the data recorded by the reservation systems constitute evidence of the contractual relationship under the conditions provided for by the applicable legislation.
Electronic confirmations and exchanges may be retained by the parties.
22. Consumer mediation
In the event of a dispute, the customer is advised to first submit a written complaint to:
Le Grand Faubourg – SCI LENNOX 2 rue du Faubourg de Gien 45260 Lorris Email: sci.lenoox@gmail.com
In the absence of an amicable resolution following a prior complaint, the consumer may resort free of charge to the consumer mediator.
Mediation is free for the consumer.
23. Applicable Law and Dispute Resolution
These General Terms and Conditions are governed by French law, without depriving a consumer residing in another State of the mandatory protective provisions that may be applicable in their country of residence.
In the event of a dispute, the parties will first seek an amicable solution.
In the absence of an amicable agreement or resolution through mediation, the dispute may be brought before the competent court in accordance with the applicable legal rules.
No clause in these Terms and Conditions deprives the consumer of their legal rights of access to justice.
24. Hierarchy of contractual documents
The contract between the establishment and the client consists in particular of:
specific information and conditions of the rate displayed at the time of booking;
of the booking confirmation;
of these General Terms and Conditions of Sale;
and, where applicable, specific conditions of an additional service or booking platform.
In the event of any contradiction concerning a condition of price, payment, cancellation or modification, the specific conditions expressly accepted at the time of booking shall prevail over these General Terms and Conditions .
25. Amendment to the General Terms and Conditions of Sale
The establishment may modify these Terms and Conditions for future bookings.
The version applicable to a reservation is the one that was brought to the customer's attention and accepted at the time of the conclusion of their contract.
A subsequent modification of the terms and conditions cannot retroactively change the conditions of a reservation already concluded.