1. Purpose
These general terms and conditions define the rights and obligations of the parties within the framework of remote booking of services offered by our establishment, whose contact details are specified in this booking confirmation document. They govern all the steps necessary for booking and monitoring the booking between the contracting parties. The client acknowledges having read and accepted these general terms and conditions of sale and the terms and conditions of sale of the reserved rate, accessible on our booking platform. These general terms and conditions of sale apply to all bookings concluded online, via our booking platform.
2. Booking
The customer selects the services presented on our booking platform. They acknowledge having read and understood the nature, purpose, and booking terms of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make their booking with full knowledge of the facts. The customer is solely responsible for their choice of services and their suitability for their needs, and therefore we cannot be held liable in this regard. The booking is deemed accepted by the customer upon completion of the booking process.
3. Booking Process
Bookings made by the customer are done via the electronic booking form accessible online on our booking platform. The reservation is considered confirmed upon receipt of the booking confirmation. Prior to making any reservation, the customer agrees to complete the information requested on the booking confirmation or request. The customer attests to the truthfulness and accuracy of the information provided. After the final selection of services to be booked, the booking process includes, in particular, entering credit card details if a guarantee or prepayment is required, reviewing and accepting the general terms and conditions of sale and the terms and conditions of the selected rate before confirming the reservation, and finally, confirming the reservation by the customer. 4. Booking Confirmation Our booking platform acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online booking, the booking confirmation email summarizes the contract offer, the services booked, the prices, the terms and conditions of sale applicable to the selected rate and accepted by the customer, the booking date, after-sales service information, and the address of the seller's establishment where the customer can submit complaints. 5. Cancellation or Modification by the Customer Customers are reminded, in accordance with Article L. 221-28 of the French Consumer Code, that they do not have the right of withdrawal provided for in Article L221-18 of the French Consumer Code. The terms and conditions of sale for the booked rate specify the cancellation and/or modification procedures. Prepaid reservations cannot be modified or cancelled. Advance payments, such as deposits, are non-refundable if the cancellation is due to the client. In this case, it is stated in the rate's terms and conditions. When the reserved rate's terms and conditions allow, the reservation can be cancelled directly with the establishment, whose telephone number is provided on the booking confirmation sent by email. All reservations are non-transferable and cannot be assigned to a third party, whether free of charge or for payment. 6. Consumption of Services
In accordance with regulations in force in certain countries, the client may be asked to complete a police registration form upon arrival. To this end, the client will be asked to present identification to verify whether or not they are required to complete the form. Any behavior contrary to public decency and order will result in the establishment asking the client to leave the premises without any compensation or refund, even if payment has already been made. For establishments with internal regulations, the client accepts and agrees to abide by said regulations. In the event of non-compliance by the client with any of the provisions of the Internal Regulations, the establishment will be obliged to ask the client to leave the premises without any compensation and/or without any refund if payment has already been made.
7. Liability
The establishment cannot be held liable for the non-performance or improper performance of the reservation in the event of force majeure, the actions of a third party, or the actions of the client, including but not limited to the unavailability of the internet network, inability to access the website, external intrusion, computer viruses, or in the event of unauthorized prepayment by the cardholder's bank. Any reservation or payment that is irregular, invalid, 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 services booked must, under penalty of forfeiture, be brought to our attention in writing within fourteen days of the departure date from the establishment.
9. Prices
Prices for booking services are indicated before and during the booking process. Prices are confirmed to the customer inclusive of all taxes, in the establishment's local currency, and are valid only for the period indicated on the booking platform. If payment to the establishment is made in a currency other than the one confirmed on the booking, the exchange fees are the responsibility of the customer. All bookings, regardless of their origin, are payable in the establishment's local currency, unless otherwise specified on-site. Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.), if applicable, shown on the rates page, are payable directly to the establishment on-site. Prices include VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the prices shown on the invoice date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will also be automatically reflected in the prices shown on the invoice date.
10. Payment
The customer provides their bank details as a guarantee of the reservation, except in the case of special conditions or rates, by credit or debit card (Visa, Mastercard, American Express, Diners Club, etc., depending on the options offered by the establishment's booking platform). The card number, without spaces between the digits, as well as its expiry date (it is specified that the bank card used must be valid at the time of service) and the security code, must be entered directly in the designated area (secure entry via SSL encryption). The customer must present the bank card used to guarantee the reservation at the establishment. Payment is debited at the establishment during the stay, except in the case of special conditions or rates where partial or full payment is debited at the time of booking. This prepayment is considered a deposit. In the event of a no-show (reservation not cancelled – customer not present) for a reservation guaranteed by credit card, the establishment will charge the customer, as a fixed penalty, the amount indicated in its general and specific terms and conditions of sale. The establishment has chosen elloha.com/stripe.com to secure online credit card payments. 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, spending limit reached, incorrect entry, etc. In case of a problem, the customer should contact their bank and the establishment to confirm their reservation and payment method. For rates requiring online prepayment, the advance payment, which constitutes the deposit, is debited at the time of booking. Some establishments may generate invoices/receipts electronically; the original file is certified and available online at the web address provided by the establishment. 11. Privacy Policy On each personal data collection form, the customer is informed whether responses are mandatory or optional by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners, and its service providers (including online payment providers). The customer authorizes elloha.com to share their personal data with third parties, provided that such sharing is compatible with the performance of elloha.com's obligations under these terms and conditions and in accordance with the Customer Privacy Policy. In particular, during online payment, the customer's bank details must be transmitted by the payment provider stripe.com to the establishment's bank for the execution of the booking contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate personal data protection as defined by the French Data Protection Act (Loi Informatique et Libertés). However, the customer consents to this transfer, which is necessary for the execution of their booking. Constellation SAS / Stripe.com, in their professional capacity, have committed to the establishment to take all necessary security measures and ensure the confidentiality of data for these data transfers. Evidence Agreement
Entering the required bank details, as well as accepting these terms and conditions and the booking confirmation or request, constitutes an electronic signature which, between the parties, has the same legal value as a handwritten signature. The computerized records stored in the computer systems of elloha.com will be kept under reasonable security conditions and considered as proof of communications, orders, and payments made between the parties. The customer is informed that their IP address is recorded at the time of booking.
13. Force Majeure
Force majeure is defined as any event beyond the control of the parties that is both unforeseeable and insurmountable, preventing either the client or the establishment from fulfilling all or part of the obligations stipulated in the contract. Events of force majeure or fortuitous events are those typically recognized by the jurisprudence of French courts and tribunals. Neither party shall be held liable to the other for any failure to perform its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends the performance of the parties' reciprocal obligations and that each party shall bear its own costs arising therefrom.
14. Dispute Resolution
These General Terms and Conditions of Sale are governed by the law of the country of establishment without prejudice to any mandatory consumer protection provisions that may apply in the consumer's country of residence.
15. Entire Agreement
These General Terms and Conditions of Sale, the terms and conditions of the rate reserved by the customer, and the booking confirmation or request constitute the entire agreement between the parties. No general or specific terms and conditions communicated by the customer may be incorporated into these General Terms and Conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the booking confirmation or request (including the specific terms and conditions of the reserved rate) and these General Terms and Conditions. In the event of any conflict between the booking confirmation and these terms and conditions, the provisions of the booking confirmation shall prevail with respect to the obligation in question. These online terms and conditions of sale may be modified and/or supplemented by the establishment at any time. In such cases, the establishment will publish the new version of the online terms and conditions of sale online. Once published online, the new version of the online terms and conditions of sale will automatically apply to future customers.