1 Object
These general conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by the Villa Daphné establishment in Spéracèdes.
They govern all the steps necessary for the reservation and the monitoring of the reservation between the contracting parties. Any reservation therefore implies on the part of the customer full and unreserved acceptance of these conditions.
All customers acknowledge having the capacity to contract, that is to say, having reached the legal age of majority and not being under curatorship or guardianship.
The names ""Establishment"" and ""Site"" refer throughout this text to the site named www.villadaphne.fr
2. Scope of application
These general terms and conditions of sale apply to all reservations made online, via the Website or the Mobile Services and its partners.
3. Enforceability of the general conditions
In any event, the version of the general terms and conditions of sale applicable to the customer is that in force at the time of their reservation on the Website or the Mobile Services or with its partners.
4. Reservation
Reservations are made by phone, email or mail.
The reservation will only be effective if it is guaranteed by the customer by payment of a deposit or payment of the entire service and after receipt of a detailed reservation confirmation by the establishment.
Payment for all services will be made directly to the establishment (exceptions made for reservations prepaid at the time of booking).
The establishment reserves the right to refuse any reservation in the event that the credit card number is incorrect or the reservation is incomplete.
Reservations, regardless of their origin, will be payable in euros only.
For any reservation, we ask you for a minimum deposit equivalent to 50% of the total service for the reservation to be effective.
The balance payment will be due without reminder from us 14 days before your arrival.
The customer is solely responsible for his choice of services and their suitability for his needs, such that the establishment cannot be held liable in this regard.
5. Payment
The establishment may ask the customer to present an identity document for the purposes of preventing bank card fraud.
There are three possible methods of paying the deposit:
– either by check payable to the establishment and sent directly to the establishment
– either by bank transfer
– either by secure payment link sent by the establishment
In this case, the reservation only becomes firm and definitive upon receipt of the deposit by the establishment, within the time limits.
Change of stay
Any modification of a reservation must be requested by email to the establishment or by telephone. The request will only become effective when the establishment has confirmed its acceptance in writing.
In the event of a change of stay, the following conditions apply (except in cases of force majeure):
– In case of no-show on the scheduled arrival date, the deposit is not refundable.
And the price corresponding to the cost of the stay remains entirely acquired by the owner for reservations made online.
– Any stay started is entirely due.
7. Cancellation of stay
Any cancellation of a reservation must be requested by email to the establishment or by telephone. The request will only become effective when 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):
– For any request made more than 15 days before the scheduled arrival date, the deposit or the service paid will be returned to you.
– For any request made less than 15 days before the scheduled arrival date, 50% of the amount of the service is due.
– For any request made less than 48 hours before the scheduled arrival date, the entire stay is due.
– In case of no-show on the scheduled arrival date, the entire stay is due.
– Any stay started is entirely due.
8. Force majeure
Force majeure means any event external to the parties which is unforeseeable, insurmountable and external to the parties and which prevents either the customer or the establishment from fulfilling all or part of the obligations provided for in the contract.
Cases of force majeure or unforeseeable circumstances are considered to be those usually recognized by the jurisprudence of French Courts and Tribunals.
Neither party shall be liable to the other party for failure to perform its obligations resulting from a force majeure event.
It is expressly agreed that force majeure suspends, for the parties, the execution of their reciprocal obligations and that each party bears the cost resulting therefrom.
****In the case of COVID-19, the establishment accepts last-minute changes and cancellations of stays if a new lockdown or traffic restriction were to be decided by the government.****
9. Prices
Prices are shown in Euros.
VAT is always included.
The prices indicated only include the services strictly mentioned in the reservation.
The price mentioned in the reservation will be added, when invoicing, the additional services provided by the establishment during the stay and the tourist tax of 1.00 per person per night.
The applicable prices are those in effect on the day of booking. Establishments, independent professionals, are free to vary their prices at any time. Only the price indicated in the booking confirmation is contractual.
10. Complaints, disputes
Any complaints must be made to the establishment within 7 days from the date of stay.
In the absence of recourse to the conventional mediation procedure or to any alternative method of dispute resolution within 30 days, each party may refer the matter to the competent court.
11. Responsibilities
It is up to the Establishment to take all guarantees and assurances necessary for welcoming the public into its Establishment and for carrying out its activity.
The establishment's liability is limited in the event of theft of property or objects when they have been entrusted to its care only.
The customer must ensure the safekeeping of his property and equipment. The customer must inform the establishment of any damage caused by him. He is responsible for all damage caused by his intermediary and undertakes, in the event of damage to the premises made available (room, common areas such as swimming pool, garden, lounge, toilets) to bear the costs of restoration.
Also, any behavior contrary to good morals, 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 and/or without any reimbursement if a payment has already been made. In the event that 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, the establishment reserves the right to refuse service if a customer does not respect the barrier gestures and/or refuses to respect the health instructions of the establishment. In the event of non-compliance and expulsion of the customer, the latter being notified, payment for the stay will be due in full. ****
The customer undertakes not to invite any person whose behavior is likely to harm the establishment, the latter reserving the right to intervene if necessary. The client may not bring in any drinks or food from outside without prior authorization from management. The client undertakes to ensure that participants and their guests comply with all of the establishment's instructions and regulations (in particular the smoking ban). The client will ensure that participants do not disrupt the operation of the establishment or jeopardize the safety of the establishment or the people there.
Unless expressly provided otherwise, the guest must vacate the room before 10:30 a.m. on the day the reservation ends. Otherwise, the guest will be charged for an additional night.
For safety reasons, some of our guest rooms are not accessible to children under 8 years old.
Villa Daphné offers free WiFi access allowing guests to connect to the internet. The customer undertakes that the IT resources made available to him by the establishment will not be used in any way for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by a related right, 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 when this authorization is required. If the customer does not comply with the aforementioned obligations, he risks being accused of an offense of counterfeiting (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years of imprisonment. The customer is also required to comply with the security policy of the establishment's internet access provider, including the rules for using the security measures implemented to prevent the illicit use of IT resources and to refrain from any act that undermines the effectiveness of these measures.
The photographs presented on the Site and the Mobile Services of the establishment or those of the partners are for information purposes only. Even if every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishment presented give as accurate an overview as possible of the accommodation services offered, variations may occur, in particular due to changes in furniture 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, due to a third party, unforeseeable and insurmountable, due to the customer, in particular the unavailability of the internet network, impossibility of accessing the website, external intrusion, computer viruses or in the event of prepayment not authorized by the cardholder's bank.
12. Rehousing in the event of force majeure
In the event of an exceptional event or if it is not possible to make 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 an equivalent category, for services of the same nature and subject to the prior agreement of the customer.
Any additional cost for the room, transportation between the two establishments and a telephone call remain the responsibility of the establishment.
13. Mediation
The decree of October 30, 2015 relating to the mediation of consumer disputes, which transposes into French law Directive 2013/11/EU of May 21, 2013 relating to the out-of-court settlement of consumer disputes, and Order No. 2015-1033 of August 20, 2015 relating to the out-of-court settlement of consumer disputes, specify the conditions of application of Article L152-1 of the Consumer Code, which requires professionals in all consumer sectors to offer a mediation procedure in the event of a dispute with their customers. According to the law, the outcome of the mediation must occur within 90 days. We invite you to make your requests exclusively by email, which will provide a date stamp for your correspondence, and to keep a personal archive of it.
Internal mediation
For any disputes that have not been resolved, we invite you to contact the Internal Mediation service, which undertakes to provide you with a satisfactory response within 30 days.
In the event of dissatisfaction, you are informed of the possibility of appealing to an external mediator of your choice.
External mediation
You will find all the official information concerning mediation on the government website: http://www.economie.gouv.fr/mediation-conso
14. Applicable law
These conditions of sale are subject to French and European law.
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