In accordance with Law No. 09-08 of February 18, 2009, regarding the protection of individuals with regard to the processing of personal data.
Subject
These general terms and conditions define the rights and obligations of the parties involved in the remote booking of services offered by our establishment, the details of which are provided in this reservation confirmation document. They govern all the necessary steps for making a reservation and managing the reservation process between the contracting parties. The client acknowledges having read and accepted these general terms and conditions of sale, as well as the terms of sale for the reserved rate, accessible on our booking platform. These general terms and conditions of sale apply to all reservations made online through our booking platform.
Reservation
The client selects the services presented on our booking platform. The client acknowledges being aware of the nature, destination, and reservation methods of the services available on our booking platform. The client has obtained necessary and/or additional information to make the reservation with full knowledge. The client is solely responsible for their choice of services and their suitability for their needs, and therefore our liability cannot be sought in this regard. The reservation is considered accepted by the client upon completion of the reservation process.
Reservation Process
Reservations made by the client are processed through the online digital reservation form accessible on our booking platform. The reservation is deemed to be made upon receipt of the reservation form. The client agrees, before making a reservation, to complete the requested information on the form or reservation request. The client attests to the accuracy and correctness of the information provided. After the final selection of the services to be reserved, the reservation process includes, among other steps, entering credit card information for guarantee or prepayment, reviewing and accepting the general terms and conditions of sale and the terms of the reserved rate before confirming the reservation, and finally, confirming the reservation by the client.
Reservation Confirmation
Our booking platform confirms the client’s reservation by promptly sending an email. In the case of online reservations, the confirmation email recaps the contract offer, reserved services, prices, terms and conditions of the selected rate accepted by the client, reservation date, post-sale service information, and the seller’s establishment address where the client can address their complaints.
Cancellation or Modification by the Client
The terms of the reserved rate specify the cancellation and/or modification procedures for the reservation. Prepaid reservations cannot be subject to any modification or cancellation. Prepaid amounts, such as deposits, are non-refundable. This is indicated in the terms of the reserved rate. If allowed by the terms of the reserved rate, reservation cancellations can be made directly with the establishment, whose contact details are provided in the confirmation email. Each reservation is personal and cannot be transferred to a third party, whether for free or for payment.
Service Consumption
According to regulations in certain countries, the client might be required to complete a police registration form upon arrival. To do so, the client needs to provide identification to determine whether they need to fill out the form. Any behavior contrary to moral standards and public order may result in the establishment asking the client to leave without compensation or refund if payment has already been made. For establishments with internal rules, the client agrees to comply with these rules. Failure to comply with these rules may result in the establishment asking the client to leave without compensation or refund if payment has already been made.
Responsibility
The photographs shown on our booking platform are not contractual. While every effort is made to provide accurate photographs, graphics, and text representations of the presented establishments’ services, variations can occur between the time of booking and the consumption of the service. The establishment cannot be held responsible for non-performance or improper performance of the reservation due to force majeure, third-party actions, client actions, including internet network unavailability, inability to access the website, external intrusion, computer viruses, or unauthorized prepayment by the cardholder’s bank. Any irregular, ineffective, incomplete, or fraudulent reservation or payment due to the client will lead to the cancellation of the order at the client’s expense, without prejudice to any civil or criminal action against the client.
Complaints
Complaints regarding non-performance or improper performance of reserved services must be communicated in writing within eight days after the departure date from the establishment, or the right to claim will be forfeited.
Prices
Prices for reserved services are indicated before and during the reservation process. Prices are confirmed to the client in the local commercial currency, including VAT, of the establishment, and are valid for the duration indicated on the booking platform. If payment to the establishment is made in a currency other than the confirmed reservation currency, currency exchange fees are the responsibility of the client. All reservations, regardless of their origin, are payable in the local currency of the establishment, unless specific arrangements are indicated on-site. Unless stated otherwise on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.), if applicable and presented on the rate page, are to be paid directly to the establishment on-site. Prices include the applicable VAT on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the prices at the billing date. Any modification or introduction of new legal or regulatory taxes imposed by competent authorities will automatically be reflected in the prices at the billing date.
Payment
The client provides their banking details for reservation guarantee purposes, unless under specific conditions or rates, using a credit or private card (Visa, Mastercard, American Express, Diners Club, as offered by the establishment’s booking platform). The client enters the card number, expiration date (the card must be valid at the time of service consumption), and CVV code directly in the secure SSL-encrypted area. The client must present the card used for guarantee at the establishment. Payment is debited at the establishment during the stay, except in the case of specific conditions or rates where partial or full payment is debited at the time of reservation. This prepayment is referred to as a deposit. In case of a no-show (unannounced reservation cancellation – client not present) for a reservation guaranteed by credit card, the establishment will debit the client, as a fixed compensation, the amount indicated in its general and specific terms of sale. The establishment has chosen elloha.com/stripe.com to secure online credit card payments. The validity of the client’s payment card is verified by stripe.com. The payment card may be declined for various reasons, including stolen card, blocked card, reached credit limit, input error, etc. In case of an issue, the client should contact their bank and the establishment to confirm the reservation and payment method. In the case of a rate subject to online prepayment, the deposit amount paid in advance is debited at the time of reservation. Some establishments may generate electronic invoices/notes; the original file is certified and available online at the internet address provided by the establishment.
Privacy
The client is informed on each personal data collection form about the mandatory or optional nature of the responses through the presence of an asterisk. The processed information is intended for the establishment, elloha.com, its entities, partners, and service providers (including online payment providers). The client authorizes elloha.com to share their personal data with third parties as long as it’s compatible with the operations required by elloha.com under these general terms and conditions and in accordance with the Customer Data Protection Charter. Specifically, during online payment, the client’s credit card details need to be transferred by the payment provider stripe.com to the establishment’s bank for reservation execution. The client is informed that this data transfer may occur to foreign countries that don’t have adequate personal data protection as defined by the Data Protection Act. However, the client consents to this transfer as necessary for reservation execution. Constellation SAS / Stripe.com, as professionals, have committed to the establishment to take all security and data confidentiality measures for these data transfers.
Evidence Agreement
Entering the required banking information, as well as accepting these general terms and conditions and the reservation form, constitutes an electronic signature that has the same value between parties as a handwritten signature. The computerized records stored in elloha.com’s computer systems will be kept securely and considered evidence of communications, orders, and payments between the parties. The client is informed that their IP address is recorded at the time of booking.
Force Majeure
Force majeure refers to any external event to the parties that is unpredictable and insurmountable, preventing either the client or the establishment from fulfilling all or part of the contract’s obligations. Cases of force majeure or fortuitous events are those typically recognized by French court precedents. Neither party will be held responsible for the other party’s non-performance of obligations due to a force majeure event. It is expressly agreed that force majeure suspends the parties’ reciprocal obligations, and each party bears the resulting costs.
Dispute Resolution
These general terms and conditions of sale are governed by the law of the country where the establishment is located, without prejudice to any protective mandatory provisions applicable in the consumer’s country of residence.
Entirety
These general terms and conditions of sale, the terms of sale for the reserved rate, and the reservation form constitute the entire obligations of the parties. No general or specific conditions communicated by the client can be integrated into these general terms and conditions. The documents forming the contractual commitments between the parties, in descending order of priority, are the reservation form (including the specific terms of the reserved rate) and these general terms and conditions. In case of contradiction between the reservation form and the general terms and conditions, the provisions in the reservation form will be applicable for the relevant obligation. These internet general terms and conditions of sale may be modified and/or supplemented by the establishment at any time. In this case, the new version of the internet general terms and conditions of sale will be published by the establishment. Once published online, the new version of the internet general terms and conditions of sale will automatically apply to all clients.
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