TERMS AND CONDITIONS
This English translation of our Terms and Conditions is provided for convenience only and has no legal value. The French version is the sole authoritative text.
Article 1 – Preamble
Article 1.1. Seller identification
Maison Lacase, Individual Company, registered with the "Registre du commerce et des sociétés" of Saint-Malo under number 814 609 509, whose head office is located at 35 rue Le Pomellec 35400 SAINT-MALO,
Phone: 06 36 100 999
Email address: contact@maison-lacase.fr
Sales website address: www.maison-lacase.fr
Below called « The Host »
Article 1.2. Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the rental by the Host of a guest room, intended for persons having the status of consumers or non-professionals within the meaning of the consumer code or traveler within the meaning of the tourism code and having the legal capacity to contract (hereinafter referred to as « the Client(s) »).
Article 1.3. Definitions
Client: natural person aged at least 18 years and having the right and legal capacity to make and pay for their reservation or legal entity which contracts with the Host within the framework of these terms and conditions.
Service: rental service of a guest room, being neither a tourist package nor a travel service or tourist service within the meaning of article L.211-2 of the French Tourism Code.
Online contract: contract concluded as part of the purchase of service(s) on the Host's website and giving rise to an order confirmation by email.
Durable medium: any instrument allowing the consumer or Host to store information addressed to them personally in order to be able to access it postpone later for a period of time adapted to the purposes for which the information is intended and which allows the identical reproduction of the stored information (article L. 121-16 of the French Consumer Code).
Article 2 – Content and scope
These terms and conditions apply automatically to the rental of a guest room of the Host.
Any order or purchase implies unreserved acceptance of these terms and conditions which prevail over all other conditions, with the exception of those which have been expressly accepted by the Host and appear in the reservation contract.
The Client declares having read these terms and conditions, and special conditions of sale, and having accepted them before booking and concluding the contract.
Article 3 – Pre-contractual information
The Customer acknowledges having been informed, prior to placing his order and/or concluding the contract, in a readable and understandable manner, of these terms and conditions, and special conditions of sale, and of all the information listed in Article L. 221-5 of the French Consumer Code.
Article 4 - Price
Article 4.1. Final price and additional taxes
The final price is announced in euros, all taxes included per room based on occupancy by 2 people.
The price includes the elements indicated in the contract. It includes welcome by the Host, overnight stay in a double room, bed linen and bath linen provided, breakfast served in the dining room from 8:30 a.m. to 10 a.m. as well as cleaning in the bedroom.
Unless mentioned in the contract, it does not include tourist tax, prior orders for seafood boards and platters in the event of late arrival, the pre and post-delivery, on-site transportation, optional insurance or personal expenses.
Article 4.2. Payment terms
The Client guarantees to the Host that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the contract. The Host reserves the right to suspend any reservation management and any execution of services in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment of any sum due under the contract.
Payments made by the Client will only be considered final after effective receipt of the amounts owed by the Host.
The Client has several payment methods offering optimal security among the following, depending on the type of service reserved, as indicated in special conditions of sale:
a. by credit or private bank card (credit card, Visa card, Eurocard/Mastercard),
b. by bank check,
c. by transfer (transfer costs payable by the Customer)
d. in cash (on site only)
Payment of any remaining balance, other goods, products or services consumed during the stay with the Host must be paid by the Client in its entirety before departure. If the Client were to leave the establishment without paying the balance, the Host will be entitled to debit the credit card which was submitted at the time of booking for any unpaid balance.
Article 5 – Reservations
The Host offers an offline remote reservation system (by phone), an online reservation system and a reservation system directly on site. The information appearing on its website is not contractual but only informative.
To confirm the Customer's reservation, a deposit of 30% is requested and will be taken by the Host 2 weeks before arrival. This deposit is refundable up to 2 weeks before the arrival date without penalty. In the event of cancellation less than 2 weeks from the date of arrival, the 30% deposit is retained by the Host.
The balance to be paid by the Customer will be taken by the Host 1 week before arrival. Less than one week from the arrival date, the entire amount of the stay is due and retained by the Host.
The rental concluded between the parties to this act cannot under any circumstances benefit, even partially, to third parties, natural or legal persons, without written agreement from the Host. Any violation of this last paragraph would be likely to result in the immediate termination of the Service at the fault of the Client, the rental price remaining definitively acquired by the Host.
The tourist tax is never included in the price and must be paid on site on the day of arrival.
Article 6 – Arrival / check in & schedules
The Client must arrive on the day specified in the Contract between 5:30 p.m. and 8 p.m. In the event of late or delayed arrival, the Client must notify the Host as soon as possible. It will be necessary to notify the Host at least the day before in the event of it being impossible to arrive within this time slot in order to advise of the feasibility of reception outside these hours.
If the Client's arrival exceeds normal hours or the scheduled arrival time, without prior agreement with the Host, the Host reserves the right to cancel the Client's reservation on the entire stay and to require payment of the cancellation penalties stipulated in the confirmation.
Departure must take place before 11 a.m. on the day stipulated in the contract.
Article 7 - Conditions of occupancy & art of living
In order to guarantee the tranquility of the place and the comfort of guests, respect for a certain “art of living” is required of all. The rental of a guest room is made under the following charges and conditions that the Client undertakes to execute and fulfill, namely:
- Do not smoke in the rooms or inside the house and use the ashtrays available in the garden. You undertake to respect the etiquette instructions which will be indicated to you and these terms and conditions. Proper attire is required in common areas.
- Refrain from throwing objects likely to clog the pipes into the sinks, bathtubs or sinks, otherwise you will be liable for the costs incurred in putting this equipment back into service.
- Peacefully enjoy the rented premises and take particular care to avoid any noise, odor, or the exercise of any activity likely to generate neighborhood inconveniences, whether due to him or his occupants. No noise pollution will be tolerated from 8 p.m.
- The Customer does not under any circumstances have the right to remain in the premises and undertakes to return the rooms in perfect condition at the end of the stay and to systematically declare, and take financial responsibility, for any damage for which he is responsible.
- The rented premises have a capacity defined on the reservation confirmation. If the number of people arriving exceeds the defined capacity, the Host may refuse additional people and/or terminate the contract.
- The attention of the hosts is drawn to the fact that minors playing on the property are placed under the sole and entire responsibility of their parents or persons having authority over them, particularly with regard to the use of the swimming pool.
- The swimming pool is accessible from the beginning of May to the end of October. Between 9 a.m. and 8 p.m. Swimming, especially for children, is done under the responsibility of their parents.
Article 8 – Lack of right of withdrawal
Article L. 221-28 of the French Consumer Code states that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period.
The Host takes advantage of this lack of right of withdrawal and indicates that for all services falling within the scope of article L. 221-28 or L. 221-2 of the French Consumer Code, the Customer will have no right of withdrawal.
Article 9 – Interruption of the stay
In the event of early termination of the stay by the Client, and if the liability of the Host is not called into question, the rental price remains with the Host.
No refund will be made and the tourist tax will be due for the number of nights actually spent.
Article 10 – Termination of the contract
The Client has the possibility of terminating the contract at any time, before the start of the service. For this termination to be valid, he must inform the Host by email or by mail.
In this case, the Host will ask the Client to pay termination fees or penalties and may withhold all or part of the deposits or balance already paid, depending on the schedule corresponding to the service.
Termination up to 2 weeks before arrival, no penalty.
Termination 2 weeks or less before arrival: 30% of the stay is due.
Termination 1 week or less before arrival, 100% of the stay is due.
No show on the scheduled day arrival or no-show is considered a complete cancellation of the reservation for the entire stay and the entire stay is due by the Customer.
These Termination fees will not be due if the contract is terminated following a force majeure event having significant consequences on the performance of the contract. In this case, the Host will provide a full refund of the payments made.
If the Client wishes to modify their reservation, the number of occupants, the dates or the room type, rates are subject to change and availability is not guaranteed. If the Client requests a modification and the Host is unable to accommodate it, the Client's reservation may be canceled and subject to the cancellation conditions above.
Article 11 – Protection of personal data
Article 11.1. Data collected
As part of its activity, the Host implements and operates the processing of personal data relating to Clients.
As such, the Host collects the following personal data: first name, last name, title, postal address, email address, telephone number, family composition, noted particularities to the contract, payment terms.
Article 11.2. Purpose pursued
The collection of these personal data is essential for the contractual execution and in the event of refusal to communicate them, the Client is exposed to difficulties of execution of the service which cannot give rise to the liability of the Host.
This personal data is collected for the exclusive purpose of ensuring the management of the Host's Customers within the framework of the conclusion of the contract and its execution, on the basis of the Customer's consent. They are only used for the purposes to which the Customer has consented.
More precisely, the purposes are as follows:
- Identification of people using and/or reserving the services
- Formalization of the contractual relationship
- Production of the services reserved with the Host
- Management of contracts and reservations (in particular distribution of rooms, travel management)
- Accounting in particular management of Customer accounts and monitoring of Customer relations
- Processing of related operations to Customer management
- Commercial communications and prospecting, animation.
Article 11.3. People authorized to access the data
The people authorized to access the data collected within the Host are as follows: employees of the Host and its partners involved in the services requested by the Client, and where applicable, the Host's subcontractors. participating in the provision and/or administration of services and being required to intervene in this capacity on the processing, it being then specified that in such a case, whether partners or subcontractors, this is carried out in compliance with current regulations.
Article 11.4. Data retention
These collected personal data are kept for the legal retention period relating to the purpose of the processing and for a maximum of 5 years.
Personal data relating to the Customer's bank card are kept exclusively for the time necessary to complete the transaction.
The Host implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Host cannot guarantee the security of the transmission or storage of information on the Internet.
Article 11.5. Rights of the holder of the collected data
In application of the regulations applicable to personal data, each user has the right to query, access, modification, opposition and rectification, for legitimate reasons, to the collection and processing of personal data. It is possible to request that this data be rectified, completed, clarified, updated or deleted.
These rights can be exercised by writing a signed letter to the data controller, to the name and email of the controller, attaching a copy of your identity document to your request.
At any time, the Customer may submit a complaint to the CNIL according to the terms indicated on its website (https://www.cnil.fr).
Article 11.6. Modification of the clause
The Host reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the Host undertakes to publish the new version on its website, and will also inform users of the modification by electronic mail, within a minimum period of 15 days before the effective date.
Article 11.7. Opposition to cold calling
You have the option of registering on the list opposing phone canvassing on the following website: http://www.bloctel.gouv.fr/.
Article 12 – Responsibility & Insurance
The Host does our best to describe the type of accommodation offered, the location of its establishment, its level of comfort and its main characteristics, its approval and its tourist classification in accordance with the applicable regulations but is not able to ensure that the services meet the Customer's expectations, in any way whatsoever. If the Customer has any questions regarding the specific conditions of accommodation and the services offered by the Host, he is invited to contact him directly before the cancellation deadline and the latter will do his best to respond.
The Host cannot be held responsible towards the Client for the non-performance of one of the obligations incumbent upon him hereunder, which is not his fault (fraud, false declaration, etc. ), or which would result from the occurrence of a case of force majeure. In any event, the liability of the Host cannot exceed the amount paid by the Client and collected for the reservation.
The Host will endeavor to use all care and diligence reasonably necessary for the proper performance of its obligations. It cannot be held responsible for any indirect damage (including loss of profit, loss of revenue, loss of money, loss of time, missed opportunities, or any other harm or damage which is not directly caused by the Host) or that he could not reasonably have foreseen.
The Client is responsible for any damage, loss or harm suffered by the establishment following a fault (acts or omissions) or negligence on his part. In this case, the Client agrees to pay the Host directly any sum reasonably necessary to repair such damage caused by him. The Host reserves the right to cancel the Client's reservation immediately and without refund, in the event that the behavior during the stay ceases to be reasonable and/or follows serious complaints from the staff of the accommodation. the establishment or other clients of the establishment.
The Client is responsible for damage caused by his actions. It is required to be insured by a resort type insurance contract for these different risks. An insurance certificate may be requested upon entry into the premises.
Article 13 – Force majeure
Any event beyond the control of the Parties, which could not be reasonably foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, is considered to prevent the execution of its obligation by the debtor and results in the suspension of the contract. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Article 14 – Dispute resolution
These terms and conditions are subject to the application of French law. This is the case for substantive rules as well as for formal rules.