GENERAL CONDITIONS OF SALE
1. Subject
These general terms and conditions define the rights and obligations of the parties in connection with the remote booking of services offered by Les Hauts de Gageac on its website and mobile services.
They govern all stages necessary for the reservation and follow-up of the reservation between the contracting parties.
Any reservation therefore implies the customer's full and unreserved acceptance of these conditions.
All customers acknowledge that they have the capacity to contract, i.e. that they are of legal age and not under guardianship.
Throughout this text, the names “Establishment” and “site” refer to the www.leshautsdegageac.fr site.
****COVID-19****
In this period of health crisis, we would like to inform our customers of two specific points in our General Terms and Conditions of Sale:
Flexibility: Please read Article 7 of these General Terms and Conditions carefully.
Responsibility: Please read article 10 of these General Terms and Conditions carefully.
2. Scope of application
These general terms and conditions of sale apply to all bookings made via the Internet, the Website or the Mobile Services and its partners.
3. Enforceability of general terms and conditions
In any event, the version of the general terms and conditions of sale enforceable against the customer is that in force at the time of booking on the Website or Mobile Services or with its partners.
4. Booking
Reservations can be made via the website, by telephone, by e-mail or by post.
Reservations will only be effective if they are guaranteed by the customer, either by providing a credit card number with date of validity and cvc or by paying a deposit, and after receipt of a detailed reservation confirmation.
Payment for all services must be made directly to the establishment (with the exception of reservations prepaid at the time of booking).
The establishment reserves the right to refuse any reservation if the credit card number is incorrect or the reservation incomplete.
Reservations from all sources are payable in euros only.
The establishment accepts the following credit cards: Visa, Mastercard, Carte Bleue and Amex, and has a secure reservation system (SSL) that protects and encrypts all sensitive data transmitted to the reservation in order to prevent any disclosure to a third party.
A 40% deposit will be charged to the credit card at the time of booking, except in the following cases: Non-cancellable-non-refundable” promotional offer, where the entire stay will be charged at the time of booking.
5. Payment
The customer must present the credit card used to guarantee the reservation or make the prepayment.
In order to prevent credit card fraud, the establishment may also ask for proof of identity.
The balance of the payment must be paid at the establishment at the end of the stay, except in the case of special conditions or rates where the entire stay is debited at the time of booking (online prepayment for certain rates). This prepayment is referred to as a deposit.
In the case of rates that are not prepaid online, the establishment may ask the customer for a security deposit or authorization to debit the credit card on arrival, in order to guarantee payment of the sums corresponding to the services consumed on site.
Deposits can be paid in two ways:
- either by cheque made payable to the establishment and sent directly to the establishment - or by credit card or bank transfer.
In this case, the reservation becomes firm and definitive only on receipt of the deposit by the establishment, within the specified time.
The balance of the stay must be paid on site.
6. Cancellation of stay
All cancellations must be notified to the establishment by e-mail or telephone. The request will only become effective once the establishment has confirmed its acceptance in writing.
In the event of cancellation of a stay, the following conditions apply (except in cases of force majeure):
More than 20 days before arrival date: your deposit will be refunded and no charges will apply.
Between 20 days and 6 days before arrival date: 60% of the total amount will be charged.
5 days and 0 days prior to arrival: 100% of the total amount will be charged.
Cancellation of a reservation will only become effective after confirmation by email from Les Hauts de Gageac.
In the event of no-show, Les Hauts de Gageac reserves the right to charge the full amount of the stay to your credit card.
Interruption of stay :
In the event of interruption of the stay in progress, 100% of the remaining stay will be charged.
7. Force majeure
Force majeure is defined as any unforeseeable, insurmountable event external to the parties which prevents either the customer or the establishment from fulfilling all or part of its obligations under the contract.
Cases of force majeure or fortuitous events are those usually recognized by the jurisprudence of French courts.
Each party may not be held liable to the other party in the event of non-performance of its obligations resulting from an event of force majeure.
It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations, and that each party shall bear the costs arising therefrom.
****In the case of COVID-19, the establishment accepts last-minute modifications and cancellations of stays in the event of a new confinement or traffic restriction being imposed by the government. ****
8.Prices
Prices are quoted in Euros. VAT is always included.The prices indicated include only the services strictly mentioned in the reservation.
At the time of invoicing, any additional services provided by the establishment during the stay and the tourist tax will be added to the price mentioned in the reservation.
The prices applicable are those in force on the day of booking.Establishments are independent professionals and are free to change their prices at any time.
Only the price indicated on the booking confirmation is binding.
9. Complaints, disputes
All complaints must be made to the establishment within 7 days of the date of stay.
Failing recourse to a conventional mediation procedure or any other alternative dispute resolution method within 30 days, either party may refer the matter to the competent legal jurisdiction.
10. Responsibilities
It is the responsibility of the Establishment to take out all guarantees and insurance necessary for the reception of the public in its Establishment and for the exercise of its activity. The Establishment's liability is limited in the event of theft of goods or objects when they have been entrusted to its care only.Customers are responsible for the safekeeping of their property and equipment. The customer must inform the establishment of any damage caused by him/her.The customer is responsible for all damage caused by his intermediary and undertakes, in the event of damage to the premises made available, (room, furniture, accessory and necessary objects, common areas such as swimming pool, jacuzzi, garden, lounge, sanitary facilities) to bear the costs of restoration.
Any behavior contrary to public decency or public order, or considered as endangering the lives of others, will lead the establishment to ask the customer to leave the establishment without any compensation or refund if payment has already been made. If no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
****In the case of COVID-19, if a customer presents symptoms during their stay, the establishment will impose isolation in their room and a temperature reading. If the customer refuses, or if the customer deliberately conceals symptoms, the establishment is entitled to refuse service and terminate the customer's stay. The remainder of the stay will be due. ****
The customer agrees not to invite anyone from outside the establishment.Unless expressly agreed otherwise, the customer must leave the room before the time indicated in the information booklet for each room, on the day the reservation ends.
Failure to do so will result in an additional night's charge.
Les Hauts de Gageac offers free WIFI access for guests to connect to the Internet. The customer undertakes to ensure that the computer resources made available by the establishment will not be used in any way for the purpose of reproducing, representing, making available or communicating to the public works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual 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, where such authorization is required. Should the customer fail to comply with the aforementioned obligations, he or she risks being accused of counterfeiting (article L.335-3 of the French Intellectual Property Code), punishable by a fine of 300,000 euros and three years' imprisonment. The customer is also required to comply with the security policy of the establishment's Internet service provider, including the rules governing the use of security measures implemented to prevent the illicit use of IT resources, and to refrain from any action that might undermine the effectiveness of these measures.
The photographs presented on the Site and the Mobile Services of the establishment or those of its partners are for information purposes only. Although every effort is made to ensure that the photographs, graphics and texts reproduced to illustrate the establishment presented give as accurate an idea as possible of the accommodation services offered, variations may occur, particularly due to changes in furnishings or possible renovations.
The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, the act of a third party, unforeseeable and insurmountable, the act of the customer, in particular the unavailability of the
internet network, inability to access the website, external intrusion, computer viruses or in the event of unauthorized prepayment by the bearer's bank.
11. Relocation
In the event of an exceptional event or the impossibility of making the reserved room available to the customer, or in the event of force majeure, the establishment reserves the right to accommodate the customer in whole or in part in an establishment of equivalent category, for services of the same nature and subject to the customer's prior agreement.
Any additional costs for the room, transport between the two establishments and a telephone call will be borne by the establishment.
12. Mediation
The decree of October 30, 2015 on the mediation of consumer disputes, which transposes into French law directive 2013/11/EU of May 21, 2013 on the out-of-court settlement of consumer disputes, and order no. 2015-1033 of August 20, 2015 on the out-of-court settlement of consumer disputes, specify the conditions of application of article L152-1 of the Consumer Code, which obliges professionals in all consumer sectors to offer a mediation procedure in the event of a dispute with their customers. By law, mediation must be concluded within 90 days. We invite you to make your requests exclusively by e-mail, so that we can date your correspondence and keep a personal record of it.
External mediation
You will find all the official information on mediation on the government website: http://www.economie.gouv.fr/mediation-conso
We invite you to consult the Medicys website: https://www.mieist.bercy.gouv.fr The DGCCRF website: https://www.economie.gouv.fr/dgccrf
You can also consult the European Commission's appeals: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
We would like to draw your attention to the existence of a European authority that is called upon to issue binding rulings on disputes concerning cross-border processing activities, thereby guaranteeing uniform application of EU rules and avoiding different responses to the same case in different jurisdictions: https://edpb.europa.eu/edpb_fr
13. Applicable law
These terms and conditions of sale are governed by French and European law.