TERMS AND CONDITIONS OF SALE AND RENTAL
1. Purpose
These terms and conditions define the rights and obligations of the parties in the context 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 managing the booking between the contracting parties. The client acknowledges having read and accepted these terms and conditions of sale and the terms and conditions of sale for the reserved rate, accessible on our booking platform. These terms and conditions of sale apply to all bookings made online via our booking platform.
2. Reservation
The customer chooses the services presented on our booking platform. The customer acknowledges having reviewed the nature, purpose, and booking procedures for the services available on our booking platform and having requested and obtained all necessary and/or additional information to make an informed booking. The customer is solely responsible for their choice of services and their suitability for their needs; 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
Reservations made by the customer are processed via the online booking form accessible on our booking platform. The reservation is considered confirmed upon receipt of the booking form. Prior to making any reservation, the customer agrees to complete all required information on the booking form 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 procedure includes, in particular, entering the credit card details in the event of a guarantee or prepayment request, consulting and accepting the general terms and conditions of sale and the terms and conditions of sale of the reserved rate before validating the booking and, finally, the validation of the booking 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 bookings, the email confirmation 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.The lessor then contacts the client before validating the booking request by sending a contract.
5. Consumption of the service
In accordance with regulations in certain countries, guests may be asked to complete a police registration form upon arrival. To this end, guests 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 guest to leave without any compensation or refund, even if payment has already been made. For establishments with internal regulations, the guest accepts and agrees to abide by said regulations. In the event of non-compliance by the customer with any of the provisions of the Internal Regulations, the establishment will be obliged to invite the customer to leave the establishment without any compensation and/or without any refund if payment has already been made.
6. Responsibility
The photographs displayed on our booking platform are not contractual. While every effort is made to ensure that the photographs, graphic representations, and texts used to illustrate the establishments presented provide as accurate a representation as possible of the services offered, variations may occur between the time of booking and the day the service is used. The establishment cannot be held liable for the non-execution or improper execution of the booking in cases of force majeure, actions of third parties, or actions of the client, including but not limited to internet network unavailability, 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, inoperative, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the latter.
7. Complaints
Claims relating to the non-performance or poor performance of the services booked must, under penalty of forfeiture, be brought to our attention in writing within eight days after the date of departure from the establishment.
8. Price
The prices for booking services are displayed 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 is made at the establishment in a currency other than the one confirmed on the booking, the customer will be responsible for any exchange fees. All reservations, regardless of 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. Any applicable taxes (local taxes, tourist taxes, etc.), shown on the rates page, are payable directly to the establishment upon arrival. 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.
Security deposit
The security deposit amount is set at 1,500 euros. For French guests, the tenant will provide the owner with a security deposit check or cash upon arrival. For foreign guests or those without a checkbook, the security deposit will be paid in cash. No keys will be given until all payments, including the balance and security deposit, have been received. Any delay in payment by the tenant that may result in a delay in key handover will not entitle them to any refund or compensation, even if the rental period is partially or totally reduced due to the delay. This security deposit will be returned to the tenant no later than two weeks after their departure, following a property inspection. In the event of loss or damage to the furnished accommodation caused by the tenant, the amount of this deposit will be reduced by the cost of repair or replacement upon presentation of supporting documentation by the host, within a maximum period of two months. If the security deposit is insufficient, the tenant agrees to pay the difference upon presentation of supporting documentation. This security deposit cannot under any circumstances be considered as a contribution to the payment of the rent.
9. Payment
The customer provides their bank details as a guarantee for 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 upon arrival at the establishment. A deposit of 50% of the reservation amount will be charged upon confirmation; this can be paid by bank card via the website or by bank transfer. The balance will be settled by bank transfer no later than 14 days before arrival. 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 amount paid in advance 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.
10. Cancellation or modification by the customer
Customers are reminded, in accordance with Article L. 121-21-8 12° of the French Consumer Code, that they do not have the right of withdrawal provided for in Article L. 121-21 of the French Consumer Code. The terms and conditions of sale for the reserved rate specify the cancellation and/or modification procedures. Reservations 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 may not be assigned to a third party under any circumstances, whether free of charge or for payment.If the Client cancels their stay before the departure date, the following fees will be retained: If the cancellation occurs at least 22 days before the arrival date, clients will receive a 100% refund. If the cancellation occurs between 21 and 15 days before the arrival date, clients will receive a 50% refund. If the cancellation is made less than 14 days before arrival, clients will not receive a refund.
The accommodation provider is in no way responsible for the transportation of its clients. It cannot be held liable for its clients' inability to reach the holiday destination, for any reason whatsoever, even in cases of force majeure, and will not issue any refunds. If the tenant has not arrived on the date specified in the contract: After a period of 24 hours and without notification to the lessor,
In the event of cancellation of the rental by the lessor: He/She reimburses the customer for the sums paid.
11. Cancellation or modification by the seller
The Client shall not be entitled to any compensation if the cancellation is imposed by circumstances of force majeure or for reasons related to the safety of travelers. 12. 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.elloha.com may share personal data with third parties only if 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. Specifically, 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, acting 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.
13. Convention on Evidence
Entering the required bank details, along with 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 elloha.com computer systems will be kept under reasonable security conditions and considered proof of communications, orders, and payments between the parties. The customer is informed that their IP address is recorded at the time of booking.
14. 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 their contractual obligations. Events of force majeure or fortuitous events are those typically recognized by French courts and tribunals. Neither party shall be liable to the other for any failure to perform its obligations resulting from a force majeure event. It is expressly agreed that force majeure shall suspend the performance of the parties' reciprocal obligations and that each party shall bear its own costs arising therefrom.
15. Dispute Resolution
These General Terms and Conditions of Sale are governed by the law of the country of establishment, without prejudice to any mandatory protective provisions that may apply in the consumer's country of residence.
16. Completeness
These General Terms and Conditions of Sale, the terms and conditions of the rate booked 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 shall 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 conditions of the reserved rate) and these general terms and conditions. In the event of any conflict between the booking confirmation and the general terms and conditions, the provisions contained in the booking confirmation shall prevail with respect to the obligation in question. These general terms and conditions of online sale may be modified and/or supplemented by the establishment at any time. In this case, the new version of the general terms and conditions of online sale will be published online by the establishment. Upon publication online, the new version of the general terms and conditions of online sale will automatically apply to all customers.
17. Accommodation capacity
In the case of rental accommodation, the reservation is established for a maximum accommodation capacity (including children). If the number of participants exceeds the venue's capacity, the service provider may refuse entry to the additional clients, in which case the contract will be considered terminated by the Client. The rental fee remains payable to the Seller.
18. Use of premises
The tenant shall enjoy the rental peacefully and use it properly, in accordance with its intended purpose. Upon departure, the tenant agrees to leave the rental property as clean as it was upon arrival. All items listed in the inventory must be returned to their original locations. Any repairs, regardless of their extent, necessitated by the tenant's negligence during the rental period shall be at the tenant's expense. The rental may not, under any circumstances, benefit third parties without the prior consent of the owner. Subletting is prohibited for the tenant, under any pretext whatsoever, even free of charge, under penalty of contract termination. The full amount of the remaining rent shall be due and payable to the owner. The rented premises are for temporary or holiday accommodation only, excluding any professional, commercial, or artisanal activity of any kind, even if supplementary or occasional to the residence (maximum 3 months). Setting up tents or parking caravans on the rented property is prohibited without the owner's prior consent. The owner will provide accommodation as described and maintain it in good working order. Generally, the tenant will vacate the premises at the time stipulated in the contract or at a time agreed upon with the owner, after an inventory has been taken. The client may not, under any circumstances, claim any right to remain on the premises after the expiry of the period initially stipulated in this contract.
19. Condition report and inventory
The inventory and condition report of the furniture and various equipment will be carried out at the beginning and end of the stay by the owner or his representative and the tenant. If it is impossible to conduct an inventory upon arrival, the tenant will have 72 hours to check the posted inventory and notify the owner of any discrepancies. After this period, the rented property will be considered free of damage upon the tenant's arrival. A joint inspection of the property upon departure must be carried out. The tenant agrees that this inspection may be conducted either with the owner or with a duly authorized representative of the owner holding written authorization. If the owner finds any damage, they must inform the tenant within eight days.
20. Maintenance and cleaning
The client is responsible for the end-of-stay cleaning in order to leave the premises in a state of cleanliness equivalent to that found upon their arrival at the villa.
