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 selects the services presented on our booking platform. They acknowledge having reviewed the nature, purpose, and booking terms of the services available on our platform and having requested and obtained all 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; 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 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 specific terms and conditions of the selected rate before confirming the reservation, and finally, the customer's confirmation of the reservation. The customer will receive their rental agreement by email, which must be signed and initialed to validate their reservation. The reservation will be finalized upon receipt of the deposit by bank transfer of 30%* or 100%* (*depending on the booking date). An email confirming receipt of the client's transfer will be sent to confirm the reservation.
4. Booking confirmation
Our booking platform acknowledges receipt of the customer's reservation by sending an email without delay. For 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 any complaints. An email confirming receipt of the customer's payment will be sent to finalize the reservation.
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 same Code. The terms and conditions of sale for the reserved rate specify the cancellation and/or modification procedures. Pre-paid reservations cannot be modified or cancelled. Advance payments, which constitute deposits, are non-refundable if the cancellation is due to the customer.
In this case, it is mentioned in the terms and conditions of sale of the tariff. When permitted by the terms and conditions of the reserved rate, 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 under any circumstances, whether free of charge or for payment.
Cancellation conditions:
Any cancellation of a stay must be communicated to the owners by the Client as soon as possible, by email to L'Ile O Clés. In case of cancellation by the Client:
(i) Up to 2 (two) calendar months before the start of the stay, the owner will return the deposit less an administrative management fee of 100 (one hundred) euros including VAT.
(i) Between the first day and the last day of the following month, the owner will refund 50% of the Price as a fixed cancellation fee, and will refund the balance to the Client within 10 days of receiving the Client's cancellation notification.
(ii) During the calendar month preceding the contractual arrival date and up to the contractual arrival date, the owner retains 100 (one hundred)% of the Price as a fixed cancellation fee.
However, no cancellation fee is payable by the Client if they present the owner with a substitute client acceptable to the owner. In this case, the owner will refund the fixed fee received within 10 (ten) days of receiving payment for the stay from the substitute client.
If the Client did not appear at the date and time agreed with L'Ile O Clés, and without notifying the owner andIf the Client does not arrive at L'Ile O Clés (no-show) before 7:00 PM on the scheduled arrival date, their reservation will be considered cancelled. The owner will retain 100% of the price as a cancellation fee and may make the property available to other guests, without the Client being able to substitute a third party.
The owner will issue, at the Client's request, a paid compensation invoice corresponding to the sums paid.
6. Consumption of the service
In accordance with regulations in certain countries, clients may be required to complete a police registration form upon arrival. To this end, clients 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 lead the establishment to ask the customer to leave the premises without any compensation or refund, even if payment has already been made. For establishments with internal regulations, the customer accepts and agrees to abide by said regulations. In the event of a customer's failure to comply with any provision of the internal regulations, the establishment will be obliged to ask the customer to leave the premises without any compensation or refund, even if payment has already been made.
7. Responsibility
The establishment cannot be held liable for the non-execution or improper execution of the reservation 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 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
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 fourteen days after the date of departure from the establishment.
9. 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 is responsible for any exchange fees. All bookings, 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 at the rate applicable on the date of booking, 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 relevant 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 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 field (secure entry via SSL encryption). The card will not be used; we require all payments by bank transfer.
The price is payable by the customer:
(i) Up to 30 (thirty)% of the Price, as a Deposit, upon booking no later than the date indicated above; NOTE: exceptional condition in the case of a last minute booking, the amount of the deposit is set at 100% of the sum.
(ii) The balance, i.e., 70% (seventy) of the Price, must be paid no later than two (2) calendar months before the scheduled arrival date (date of payment). If the balance is not paid by the due date, the Client's reservation will be automatically cancelled and the Deposit refunded within ten (10) days, less an administrative fee of one hundred (100) euros including VAT.
The Price must be paid by the Client by bank transfer (conditions written in the rental agreement).
11. Respect for privacy
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.elloha.com, its entities, partners, and 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 Personal Data Protection Charter. 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, in their capacity as professionals, have committed to the establishment to take all security measures and respect the confidentiality of data for said data transfers.
12. 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.
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 its contractual obligations. Events of force majeure or fortuitous events are those typically recognized by French courts and tribunals. Neither party shall be held liable to the other for any failure to perform its obligations resulting from a force majeure event. 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 protective provisions that may apply in the country of residence of the consumers.
15. 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 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 rate booked) 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.
16. Swimming pool
The residence features a swimming pool with a lockable cover. The pool is open from May 1st to September 30th. During opening periods, the use of the pool and its equipment is entirely and exclusively the responsibility of the client. Regular pool maintenance is provided by a contractor hired by the owners. It is forbidden to touch, move, or use the chemicals; to stop, force the operation of, or modify the programming of the filtration and heat pump; to open the skimmer hatch containing the water treatment chemicals; and more generally, to do anything that alters the operation of the pool and its equipment in any way. The service provider monitors the quality of the swimming water and, if necessary, arranges for the required bacteriological and chemical analyses. Should the water prove unsuitable for swimming, L'Ile O Clés will immediately inform the Client, and the service provider will close the pool to swimming for the time necessary to resolve the problem, without the Client being entitled to any compensation in this regard. In the event that the pool becomes unsuitable for swimming due to human or animal pollution, or more generally any abnormal use by the Client, the Client will be responsible for the costs of cleaning, decontamination, restoration, draining, and refilling the pool. Pool safety instructions will be provided verbally by L'Ile O Clés upon arrival.
18. EQUIPMENT AND FACILITIES
The Client is solely responsible for the use of the Residence's equipment and facilities and must take all necessary precautions to ensure, in particular, the safety of any children and vulnerable individuals they may bring onto the premises. The owner cannot, under any circumstances or pretext, be held liable or responsible in this regard. The conditions of use for the equipment and various amenities (TV, household appliances, fans, etc.) are as follows: The terms and conditions made available to the Client must be strictly respected by the Client, his successors and assigns, so that the owner is never sought or concerned in this regard.
19. FREE ACCESS AND MOVEMENT OF EXTERNAL SERVICE PROVIDERS FOR INTERVENTION
The Residence has entered into maintenance contracts with various service providers to ensure the upkeep of green spaces and the proper functioning of technical equipment, etc. These providers have free access to the Residence from 8:00 AM to 6:00 PM, Monday through Saturday, for preventive and corrective maintenance work as part of their scheduled rounds, and 24/7 in case of emergency. It is not possible to contractually define the hours, days, and duration of their interventions. Upon arrival , L'Ile O Clés will provide the Client with the scheduled days and times of service during their stay. The Client must allow the service providers to carry out their work for the comfort of all guests.
21.Basic and additional security deposit
To cover any damage, including loss, that may be caused to the Residence, including to installations, equipment, objects, furniture, or other items, the Client shall provide the owner with a basic security deposit, the amount of which has been set at €1,500.
The security deposit is payable by bank transfer, net of fees, to the owners' account (Mr. and Mrs. Bouferrache), no later than three business days before the Client's scheduled arrival date. The security deposit cannot under any circumstances be offset against any other debt owed by the Client to the owners, including payment of the rental price.
The owner does not accept payment of the security deposit by credit card or by taking an imprint of such a card.
The security deposit is returned to the Client within 3 (three) days of the check-out inspection, if no damage is found.
Otherwise, it will be returned within a maximum period of one (1) month after the date of departure of the Client, less the amount of repairs for damages and the replacement with identical items of missing or damaged items.
The amount is determined by amicable agreement between the owner and the Client based on the value of the destroyed or damaged property(ies) following production of the invoice by the owner.
In the event of a dispute, a quote is drawn up by a professional, at the request of the owners, and constitutes agreement on the value of the cost of replacement or repair of the lost or damaged property.
If the amount of damages exceeds the security deposit, the Client agrees to pay the difference to the owner upon first written request, including electronically, which shall be deemed to constitute formal notice.
22. Cleaning fees
The rental price does not include basic end-of-stay cleaning. A mandatory end-of-stay cleaning fee of 250 euros is required at the time of booking.