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 the present terms and conditions is to define the rights and obligations of the parties in the context of the rental by the Host of a guest room and/or cottage, to persons who are consumers or non-professionals within the meaning of the French Consumer Code, or travellers within the meaning of the French Tourism Code, and who have the legal capacity to contract (hereinafter referred to as "the Customer(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 and/or cottage 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 Customer 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 prices mentioned on our website are valid for reservations made directly by telephone, mail, e-mail or online via our website only.

For a guest room:
The final price is announced in euros, all taxes included (VAT) per room based on a maximum occupancy of 2 people.
The price includes the items listed in the Contract. It includes welcome by the Host, overnight accommodation in a double room, bed linen and bath towels provided, breakfast served in the dining room from 8.30am to 10am and cleaning in the room.

For the cottage :
The final price is quoted in euros, all taxes included (VAT) for the cottage based on a maximum occupancy of 3 people.
The price includes the items listed in the Contract. It includes welcome by the host, overnight stay, bed linen (beds made up on arrival) and bath towels provided. Breakfasts are optional (at extra cost).

Unless otherwise specified in the Contract, it does not include tourist tax, pre-ordering of seafood platters in the event of late arrival, Table d'Hôtes meals (on prior reservation), pre- and post-transportation, local transport, optional insurance, additional services payable directly to service providers (massages, yoga, bike rental), or personal expenses.

Article 4.2. Payment terms

The Customer 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 Customer will only be considered final after effective receipt of the amounts owed by the Host.

The Customer 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 Customer in its entirety before departure. If the Customer 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 4.3– Tourist tax

This local tax must be paid in addition to your stay by anyone not domiciled in Saint-Malo (35400), which is part of the Communauté d'Agglomération du Pays de Saint-Malo, the recipient of this tax. We will pay it back to them. The tourist tax is charged per night per adult over 18.
Amount of Taxe de Séjour for a bed and breakfast : 0.85€/adult/night.
Amount of Taxe de Séjour for the cottage : 3.3% of the cost of the night (excluding VAT) per person for the cottage, with a ceiling of 4.40€/adult/night.
The amount of this tourist tax may be revised at any time by the Communauté d'Agglomération du Pays de Saint-Malo. 

Article 5 –Reservations

The Host offers a remote off-line reservation system (by telephone), an on-line reservation system and a direct on-site reservation system. The information provided on the website is not contractual but for information purposes only.
 
For guest rooms :
To confirm the Customer's reservation, a deposit of 30% is required and will be taken by the Host 30 days before arrival. This deposit is refundable in the event of cancellation up to 30 days before the arrival date without penalty.
In the event of cancellation less than 30 days before the date of arrival, the 30% deposit is retained by the Host.
The balance to be paid by the Customer will be debited by the Host 7 days before arrival. In the event of cancellation less than 7 days before the date of arrival, the full amount of the stay is due and retained by the Host.

For the cottage :
To confirm the Customer's reservation, a 30% deposit is required and will be taken by the Host at the time of booking for all reservations made more than 30 days prior to arrival. This deposit is refundable in the event of cancellation up to 30 days before the arrival date, without penalty. The balance to be paid by the Customer will be debited by the Host 30 days before arrival.

For bookings made less than 30 days prior to arrival, the full amount of the stay is due and will be deducted by the Host at the time of booking.
In the event of cancellation less than 30 days before the date of arrival, the full amount of the stay is due and will be retained by the Host.

Under no circumstances may the rental agreed between the parties to the present contract be transferred, even partially, to third parties, whether natural or legal persons, without the written agreement of the Host. It is therefore strictly forbidden for the Customer to sublet the rental of a guest room or cottage to any third party not provided for in the Reservation Contract. Any infringement of this last paragraph may result in the immediate cancellation of the Service to the detriment of the Customer, with the rental price remaining the property of the Hos.
 
The tourist tax is never included in the price and must be paid on site on the day of arrival.

Article 6 – Additional service Table d'hôtes

The additional "table d'hôtes" service must be booked on site on your arrival (according to the days offered), 48 hours before the date and subject to availability. Advance bookings are possible on request. Payment at the end of your stay. Cancellation of this service is free of charge if notified by e-mail or SMS no later than 24 hours before the reserved table d'hôtes date. Otherwise, payment will be required.
Table d'hôtes is available for up to 10 people at a time. 

Article 7 – Arrival/departure times and inventory

The Customer 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 Customer 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 Customer's arrival exceeds normal hours or the scheduled arrival time, without prior agreement with the Host, the Host reserves the right to cancel the Customer's reservation on the entire stay and to require payment of the cancellation penalties stipulated in the confirmation.
For the cottage, an inventory is drawn up jointly and contradictorily by the Customer and the Host or his representative on arrival and departure of the cottage. The inventory of furniture and equipment is drawn up at the beginning and end of the stay by the Host or his representative and signed by both parties. The state of cleanliness of the cottage on the Customer's arrival must be noted in the inventory of fixtures. The Customer is responsible for cleaning the premises during the rental period and before departure.
In the event of deterioration during the stay, the Customer must inform the Host. The Host will take all necessary steps to repair the damage. On presentation of the invoice, the Host will claim the value of the replacement from the Customer. Under no circumstances may the Customer carry out the repairs himself, for reasons of safety and conformity.

Departure must take place before 11 a.m. on the day stipulated in the contract.

Article 8 - 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 and/or the cottage is made under the following charges and conditions that the Customer undertakes to execute and fulfill, namely :

1. Do not smoke in the rooms or the cottage 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.
2. 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.
3. 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.
4. The Customer does not under any circumstances have the right to remain in the premises and undertakes to return the rooms and/or the cottage 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.
5. 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.
6. 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.
7. 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.
8. With regard to the upkeep of the furniture and furnishings included in the rental of the cottage, the Customer must maintain them in good condition and return them in the same condition at the end of the rental period, except for deterioration and wear and tear resulting from normal use. 

Aricle 9  – Deposit for cottage

On the Customer's arrival at the property, a security deposit, the amount of which is indicated in the Contract, is requested by the Host, by cheque or in cash. After a joint inventory has been drawn up on departure, this deposit is returned, less the cost of restoring the premises if any damage has been found.

Article 10 – 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 11– Interruption of the stay

In the event of early interruption of the stay by the Customer, and if the liability of the Host is not called into question, the rental price remains the property of the Host.
No reimbursement will be made, except for the security deposit under the conditions indicated above (article 9), and the tourist tax will be due for the number of nights actually spent.

Article 12 – Termination of the contract

The Customer may terminate the Contract at any time prior to the start of the service. For such termination to be valid, the Customer must inform the Host by e-mail or letter.
In this case, the Host will ask the Customer to pay cancellation fees or penalties, and may withhold all or part of the deposit or balance already paid, according to the schedule corresponding to the service.
Cancellation up to 30 days before arrival, no penalty.
Cancellation 30 days or less before arrival: 30% of the stay is due for guest rooms and 100% of the stay is due for the cottage.
Cancellation 7 days or less before arrival: 100% of the stay is due for guest rooms.

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 Customer wishes to modify his reservation, the number of occupants, the dates or the room type, rates are subject to change and availability is not guaranteed. If the Customer requests a modification and the Host is unable to accommodate it, the Customer's reservation may be canceled and subject to the cancellation conditions above.

Article 13 – Gift card

The gift card is valid for 1 year from the date of purchase, for stays in all seasons (unless otherwise specified by the purchaser). After their expiry date, these cards are no longer valid and cannot be reimbursed.

The price includes tourist tax and breakfast for guest rooms.
The price of the gift card corresponds to the price of one night in high season multiplied by the number of nights chosen (2 nights minimum), plus tourist tax per adult per night. The amount varies according to the room (room vs. suite) and the maximum number of people per room.
Gift cards can be requested by telephone or e-mail. Following payment of the gift card amount, the gift card is sent, at our expense, by post or e-mail to the recipient chosen by the purchaser or to the purchaser according to his/her request.

Article 14 – Protection of personal data

Article 14.1. Data collected

As part of its activity, the Host implements and operates the processing of personal data relating to Customers.

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 14.2. Purpose pursued

The collection of these personal data is essential for the contractual execution and in the event of refusal to communicate them, the Customer 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 14.3. 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 Customers, 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 14.4. 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 14.5. 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 14.6. 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 14.7. 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 15 – 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 Customer 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 Customer 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 Customer 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 Customer 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 Customer'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 customers of the establishment.

The Customer 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 16 – 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 17– 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.