GENERAL CONDITIONS OF SALE - Rental -
Article 1 - Preamble
Article 1.1. Designation of the seller TRAINEFEUILLES, SARL,
registered at the RCS of Blois under the number 882491434,
whose head office is located at 31, Rue des Gandes, 41400 Le-Controis-En-Sologne (Thenay),
Telephone: 0033 (0)7 86 40 56 41
Email address : [email protected]
Town hall declaration number: 13566.02
Address of the sales website: www.trainefeuilles.com
Hereinafter referred to as "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 gîte / guest room, intended for people 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 enter into a contract (hereinafter referred to as "the Customer(s)").
Article 1.3. Definitions Customer: a natural or legal person who contracts with the Host within the framework of these general terms of sale. Service: a gîte / guest room rental service, which is 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: a contract concluded within the framework of the purchase of service(s) on the website of the Host. Durable medium: any instrument enabling the consumer or the Host to store information addressed to him personally so that he can refer to it later for a period of time appropriate to the purpose for which the information is intended and which allows the identical reproduction of the information stored (Article L. 121-16 of the French Consumer Code).
Article 2 - Content and scope of application The present general terms and conditions of sale apply by right to the rental of a gîte / guest room by the Host. Any order or purchase implies unreserved acceptance of these general terms and conditions of sale, which take precedence over all other conditions, with the exception of those that have been expressly accepted by the Host and appear on the booking contract. The Customer declares that he/she has read these general and special terms and conditions of sale and has accepted them before making the reservation and concluding the contract.
Article 3 - Pre-contractual information The Customer acknowledges having been informed, prior to placing the order and/or concluding the contract, in a legible and comprehensible manner, of these general and special conditions of sale and of all the information listed in article L. 221-5 of the Consumer Code.
Article 4 - Prices
Article 4.1. Final price and additional taxes The final price is announced in euros, including all taxes, per person or in the form of a package for groups. It may be calculated according to the number of participants. The price includes the elements indicated in the contract. Unless otherwise stated in the contract, it does not include tourist tax, pre- and post-transportation, the single room supplement, local transport, optional insurance or personal expenses.
Article 4.2 Payment terms The Customer guarantees the Host that he has the necessary authorisations to use the method of payment chosen by him when validating the contract. The Host reserves the right to suspend all reservation management and service provision in the event of refusal to authorise payment by credit card by officially accredited organisations or in the event of non-payment of any sum due under the contract. Payments made by the Customer will only be considered as final once the amounts due have been effectively collected by the Host. The Customer has several means of payment at his disposal that offer optimum security, including the following, depending on the type of service booked, as indicated in the special conditions of sale
a. by credit or debit card (Carte Bleue, Visa card, Eurocard/Mastercard),
b. by bank cheque,
c. by bank transfer (transfer costs to be paid by the Client),
d. by holiday vouchers e. in cash
Article 5 - Reservations for guest rooms The Hoster offers an offline remote reservation system (by telephone), an online reservation system and a direct on-site reservation system. The information provided on the website is not contractual but only informative. The reservation becomes effective as soon as the Client has paid the deposit (25% of the total amount of the stay) The rental agreed between the parties to this contract may not under any circumstances be used, even partially, by third parties, whether natural persons or legal entities, unless the Hoster has given his written consent. Any infringement of this last paragraph may result in the immediate termination of the Service to the detriment of the Customer, the rental price remaining definitively acquired by the Host. The balance of the total price as well as the tourist tax must be paid on the day of arrival.
Article 5 bis- Reservations for the Au Four à Pain gîte
The Proprietor offers a remote off-line reservation system (by telephone), an on-line reservation system and a direct on-site reservation system. The information on the website is not contractual but only informative. The reservation becomes effective as soon as the Client has paid the deposit (25% of the total amount of the stay). of the stay) The rental agreed between the parties to this contract may not under any circumstances be used, even partially, by third parties, whether natural persons or legal entities, unless the Hoster has given his written consent. Any breach of this last paragraph may result in the immediate termination of the Service to the detriment of the Customer, the rental price remaining definitively with the Hoster. The balance of the total price as well as the tourist tax must be paid 15 days before the arrival date.
Article 6 - Inventory of the Au Four à Pain gîte
The Client must arrive on the day and at the time specified in the contract. In the event of late or delayed arrival, the Customer must notify the Hirer as soon as possible. An inventory is drawn up jointly and in the presence of both the Customer and the Hirer or his representative on arrival and departure from the gite. The inventory of the furniture and various equipment is drawn up at the beginning and end of the stay by the Proprietor or his representative and is signed by both parties. The state of cleanliness of the rental property on the tenant's arrival must be noted in the inventory of fixtures. The cleaning of the premises is the responsibility of the Tenant during the rental period and before his departure (except for the end of stay cleaning option, which does not include washing up). If the accommodation is not left clean, the end of stay cleaning fee will be deducted from the deposit.
Article 7 - Conditions of occupation The rental of a gîte / chambre d'hôte is subject to the following charges and conditions which the Client undertakes to carry out and fulfil, namely
1. To occupy the premises only in a bourgeois manner, the exercise of any trade, profession or industry being formally forbidden, the Client acknowledges that the premises which are the subject of the contract are rented to him only as a temporary residence and for pleasure.
2. To refrain from throwing objects into the washbasins, bathtubs, bidets and sinks that could obstruct the pipes, failing which he will be liable for the costs incurred in restoring the equipment to working order.
3. To enjoy the rented premises peacefully and in particular to avoid any noise, odour, or the carrying out of any activity likely to cause inconvenience to the neighbours, whether caused by the tenant or the occupants.
4. With regard to the maintenance of the furniture and furnishings included in the rental, the Tenant shall 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.
5. The Client does not benefit in any case from a right to remain in the premises.
6. The rented premises have a capacity defined on the booking confirmation. If the number of people arriving exceeds the defined capacity, the Hirer may refuse the extra people and/or terminate the contract.
Article 8 - Deposit Gîte Au Four à Pain
On the Customer's arrival at the accommodation, the Host will ask for a security deposit, the amount of which is indicated in the contract. After the inventory of fixtures has been drawn up by both parties, this deposit is returned, less the cost of restoring the premises if any damage is found.
Article 9 - Sub-letting It is formally forbidden for the tenant to sublet the furnished accommodation to any third party not provided for in the reservation contract.
Article 10 - No right of withdrawal Article L. 221-28 of the French Consumer Code stipulates that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car hire, catering or leisure activities which must be provided on a specific date or at a specific time. 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 not have any right of withdrawal.
Article 11 - Interruption of the stay In the event of early interruption of the stay by the Tenant, and if the owner's responsibility is not called into question, the price of the rental remains with the owner. No reimbursement will be made, except for the deposit under the conditions indicated above (article 8) and the tourist tax in proportion to the number of nights cancelled.
Article 12 - Termination of the contract
Article 12.1. Termination of the contract by the Client The Client may cancel the contract at any time before the start of the service. For this termination to be valid, he must inform the Host by e-mail or by post. In this case, the Host will ask the Customer to pay cancellation fees and may withhold all or part of the deposit or balance already paid, depending on the schedule corresponding to the service. Any cancellation must be notified by letter or e-mail to the owner. a) Cancellation before the beginning of the stay: if the cancellation occurs more than 48 hours before the beginning of the stay, the deposit remains with the owner. If the cancellation occurs less than 48 hours before the beginning of the stay, the deposit remains with the owner who will also ask for the payment of the balance of the price of the stay b) If the client does not show up before 8 p.m. on the day of the beginning of the stay without having informed the owner, the present contract becomes null and void and the owner can dispose of his guest rooms or his gite. The deposit remains with the owner who reserves the right to claim the balance of the price of the stay. These cancellation fees will not be due if the contract is cancelled as a result of an event of force majeure having significant consequences on the execution of the contract. In this case, the Host will reimburse all payments made.
Article 12.2. Termination of the contract by the Host In the event of cancellation of the contract by the Host, the same sums as those payable in the event of cancellation by the Customer will be payable by the Host, except in the case of force majeure or in the event of non-compliance by the Customer with the obligations arising from this contract (failure to pay the balance on time, lack of insurance, etc.).
Article 13 - Protection of personal data
Article 13.1. Data collected
As part of its activity, the Host implements and operates the processing of personal data relating to Customers. To this end, the Host collects the following personal data: first name, surname, title, postal address, e-mail address, telephone number, family composition, particularities noted in the contract, payment methods.
Article 13.2. Purpose
The collection of this personal data is essential for the performance of the contract and in the event of refusal to communicate it, the Customer is exposed to difficulties in the performance of the service, which may not give rise to the Host's liability. This personal data is collected for the sole purpose of managing the Host's Customers in the context of the conclusion of the contract and its execution, on the basis of the Customer's consent. It is only used for the purposes to which the Customer has consented. More specifically, the purposes are as follows: - Identification of the persons using and/or booking the services - Formalisation of the contractual relationship - Carrying out the services booked with the Host - Management of contracts and reservations (in particular room allocation, travel management) - Accounting, in particular management of customer accounts and monitoring of customer relations - Processing of operations relating to customer management - Commercial communications and prospecting, animation.
Article 13.3. Persons authorised to access data
The persons authorised to access the data collected by the Host are as follows: the employees of the Host and its partners involved in the services requested by the Customer, and, where applicable, the Host's subcontracted service providers involved in the provision and/or administration of the services and who may be required to intervene in this respect in the processing, it being specified that in such a case, whether they are partners or subcontractors, this is carried out in accordance with the regulations in force.
Article 13.4. Conservation of data
The personal data collected is 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 is kept exclusively for the period required to complete the transaction. The Host implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised 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 13.5. Rights of the owner of the data collected
In application of the regulations applicable to personal data, each user has the right to question, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his/her 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 e-mail address of the data controller, enclosing a copy of your identity card with your request. At any time, the Customer may lodge a complaint with the CNIL according to the procedures indicated on its website (https://www.cnil/fr).
Article 13.6. Modification of the clause
The Host reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the Host undertakes to publish the new version on its site, and will also inform users of the change by e-mail, at least 15 days before the effective date.
Article 13.7. Opposition to telephone canvassing
You have the option of registering on the "Opposition to telephone canvassing" list on the following website: http://www.bloctel.gouv.fr/.
Article 14 - Insurance The Customer is responsible for any damage caused by him. He is required to be insured by a holiday insurance contract for these various risks. A certificate of insurance may be requested on arrival.
Article 15 - Force majeure Any event beyond the control of the Parties, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, shall be deemed to prevent the performance of its obligation by the debtor and shall result in the suspension of the contract. The party invoking the above circumstances shall immediately notify the other party of their occurrence and of their disappearance.
Article 16 - Settlement of disputes
The present general conditions are subject to the application of French law. This is the case for the rules of substance as well as for the rules of form.