Terms of sales of the Host
GENERAL TERMS AND CONDITIONS OF SALE AND INTERNAL RULES IN APPENDIX
applicable from October 4, 2024
These general terms and conditions of sale (the "GTC") define the conditions under which a natural or legal person (the "Customer") may reserve an accommodation service in unusual accommodation by the night or by the week offered by the company L'ORÉE DES 4 CHEMINS, with additional services at 10 chemin des écoles 89520 Fontenoy.
These general terms and conditions of sale may be modified at any time. The version that applies to the Customer's reservation is the one in effect on the date of the reservation.
1. COMPANY INFORMATION – LEGAL NOTICES
SARL L’ORÉE DES CHEMINS with capital of 20,000 euros
Registered office: 10 chemin des écoles 89520 Fontenoy
Registered in the Auxerre Trade and Companies Register under number 930 727 599
SIRET 930 727 599 00019
Intra-community VAT number: FR76930727599
Tel.: 06 14 21 93 33
E-mail: contact@loreedes4chemins.fr
Manager: Françoise PERRIER
Annual closure from October to March inclusive for accommodation activities.
2. SERVICES OFFERED
A detailed description of the accommodations offered for booking is available on the website www.loreedes4chemins.fr and can be viewed on site.
The following additional services are available:
- Breakfast basket, aperitif basket on the go or aperitif dinner basket and meal basket with reservation at least 48 hours before the arrival date;
- Wellness massage performed by an external service provider subject to availability with reservation at least 5 days before the date of performance of the service;
- Thematic workshops according to the host's events calendar and number of places available;
- Tourist packages and other travel services not produced by them.
3. RESERVATION
3.1. Reservation Terms
Reservations can be made remotely or on site.
Reserving accommodation involves: payment of the price, signing the rental contract, the general terms and conditions of sale and the delivery of the holiday insurance certificate.
All reservations are subject to the availability of the selected accommodation.
3.2. Confirmation of Reservation
The reservation is confirmed after receipt of full payment of the rental amount and after having read and accepted the general terms and conditions of sale and the internal regulations of "l'Orée des 4 chemins" in the appendix thereto.
A confirmation is sent to the Customer by e-mail. A pre-stay e-mail (10 days before arrival) is sent to the customer to remind them to provide the holiday insurance certificate before their arrival, otherwise the keys to the accommodation will not be given to them. Another e-mail will be sent, 7 days before the customer's arrival, in order to validate their choice of menu if they have booked these services and also indicating any allergens.
3.3. Deposit - damage caused by the Customer
No deposit will be required in the event of the holiday insurance certificate being provided.
If the exit inventory reveals the existence of damage or breaches of the internal regulations (breakage, deterioration, disappearance of equipment made available to the Customer), L’ORÉE DES 4 CHEMINS will contact the Customer’s insurer for compensation.
4. PRICES - PAYMENT
4.1. Prices
Prices are inclusive of all taxes (VAT at 10 or 20% depending on the service booked), in euros, calculated on the basis of the data in effect at the time of booking. Prices are visible on the website www.loreedes4chemins.fr and on site.
Prices are subject to change at any time. However, any price changes will only apply to new bookings made after the price update date. Bookings confirmed before the price change will remain at the price agreed at the time of booking.
Accommodation prices do not include the price of additional services or tourist tax.
4.2. Promotion
Promotional offers are subject to conditions, in particular availability, and can be combined with each other, unless otherwise stated. Therefore, the fact that over the same period customers may pay a different price, depending on whether or not they have benefited from a promotional offer, does not give the customer who paid the highest price a right to reimbursement of the difference.
4.3. Payment terms
The price is payable in full upon booking. In the absence of payment of the amounts due, any reservation will be considered void. Payment for reservations can be made by credit card, cash, connect or standard holiday voucher, gift voucher or check. In the event of payment via the Up2pay e-transaction module, the order is final upon payment.In case of payment by the Up2pay e-transaction module, the order is final upon payment. In case of payment by check, the reservation will only be confirmed once the L’ORÉE DES 4 CHEMINS account has been definitively credited with the funds.
4.4. Tourist tax
The tourist tax is payable upon arrival and is not included in the price. Its amount is determined per person and per night. As of September 1, 2024, the tourist tax is €3.30 / person / night.
5. MODIFICATION – CANCELLATION – FORCE MAJEURE
Reservations made are firm and final, and cannot be canceled.
In case of cancellation by the Customer, the total amount of the reservation will be retained and will not be subject to any refund, except in cases of force majeure.
However, up to 30 days before the scheduled arrival date, the Customer has the possibility to postpone his stay to a later date in the current year, subject to availability and to keep the same period (high season or low season). Any request for postponement or cancellation must be sent in writing to the email address contact@loreedes4chemins.fr, and the new date of stay will be confirmed depending on availability.
In the event of cancellation by L’ORÉE DES 4 CHEMINS, the Customer may either postpone his reservation to a later date, subject to availability, or be fully reimbursed for the amounts paid by him plus 10%.
In the event of force majeure as defined by Article 1218 of the Civil Code, unforeseeable circumstances or the actions of a third party resulting in the cancellation of the reservation, neither party may be held liable or in default, and each party will be released from its obligations, without any compensation being due, with the exception of a fixed amount corresponding to 20% of the price for administration fees. The Customer may choose between postponing their stay to a later date, subject to availability, or a full refund of the reservation after deduction of administration fees.
6. GIFT VOUCHERS
L’ORÉE DES 4 CHEMINS offers gift vouchers, valid for a period of one year from their date of issue. These gift vouchers can be used for any reservation made on our site, subject to availability. Gift vouchers are neither exchangeable nor refundable, including in the event of non-use before their expiry date.
7. CONDITIONS OF ENJOYMENT OF ACCOMMODATION
7.1. Restriction
The accommodations are non-smoking, pets are not allowed and proper attire is required at all times. Parties are not permitted.
7.2. Arrival and departure
Arrivals are between 4 p.m. and 7:30 p.m. Late arrivals are possible subject to prior notice. Accommodations must be vacated no later than 11 a.m. on the day of departure.
7.3. Inventory
An inventory is carried out upon entering and leaving the accommodation. Any damage noted will be reported to the Client's insurance.
A joint inventory of the movable property made available will be carried out upon the Client's arrival. In the event of breakage, damage or loss of said furniture, the Client must compensate L'ORÉE DES 4 CHEMINS directly or through their holiday insurance.
7.4. Housekeeping - Return of accommodation
The Client must return their accommodation in a clean condition. He can book an end-of-stay cleaning option for a flat rate of 80 euros including tax.
7.5. Available equipment
Each accommodation is equipped with: wifi with an individual connection code, connected television, SENSEO® type coffee maker, microwave, toaster, kettle, refrigerator, gas or electric hob (2 or 4 burners), table, chairs, solar shower, garden furniture, deckchairs, semi-rigid or inflatable individual spa, necessary dishes, linen storage furniture, single or double beds depending on the accommodation, mattress protectors, fitted sheets, duvets, duvet covers, blankets, pillows and pillowcases, tea towels, hand towels, shower mats, etc.;
On request and while stocks last: travel cot and baby mattress, high chair, baby bath, changing mat.
Various household appliances. Board games, MOLKY® games, badminton net and rackets. To be requested when booking or upon arrival.
7.6. Outdoor areas - Parking
For the well-being of everyone, we ask you to be as discreet as possible in the common areas after 10 p.m.
You can stroll in the garden and its various spaces provided that you respect the tranquility of everyone.
For the safety of everyone, parking areas are provided for your benefit. A shuttle service is available to help you transport your personal belongings from your vehicle to your accommodation. Motor vehicles are prohibited outside these parking areas.
7.7. Internal regulations
The internal regulations are visible on the website in the appendix to the general terms and conditions of sale, which are communicated to the Customer by e-mail when booking and the Customer agrees to comply with them.
They are also available in the accommodation and displayed in the establishment on the notice board.
8. RIGHT OF WITHDRAWAL
In accordance with Article L.221-28, 12° of the Consumer Code applicable to the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided on a specific date or period, the Customer does not benefit from any right of withdrawal. The reservation is therefore definitively concluded upon payment of the price.
9. INSURANCE - RESPONSIBILITIES
L’ORÉE DES 4 CHEMINS declines all responsibility in the event of loss, theft or damage to the Customer’s personal belongings during their stay.
The Customer is held civilly liable for any damage or other harm that may be caused during the booking.
The Customer agrees to take out holiday insurance with the insurer of their choice and to provide proof of this upon booking at L’ORÉE DES 4 CHEMINS, failing which the booking will be invalid. Children are on the premises under the exclusive supervision of their parents. Consequently, it is the parents’ responsibility to put the thermal blanket back on after using the spas and not to let children play near them without supervision
When L’ORÉE DES 4 CHEMINS acts as a travel facilitator, the Customer will not benefit from any of the rights applicable exclusively to tourist packages, and each service provider will only be responsible for the proper contractual performance of its service. Consequently, L’ORÉE DES 4 CHEMINS will not be liable in any way in the event of non-performance of the service provided by other service providers. The Customer will benefit, in accordance with Article L211-3 of the Tourism Code, from protection against insolvency in accordance with Article L.211-18 of the Tourism Code.
10. LEGAL GUARANTEES
The Customer benefits from the legal guarantee of conformity and the legal guarantee of hidden defects, at no additional cost, as explained below.
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the good within thirty days of his request, free of charge and without major inconvenience for him. If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by keeping the good or terminate the contract by being fully reimbursed against return of the good, if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the good occurs after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;
4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies that the reduction in the price or the termination of the contract be immediate.
The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer is not entitled to the resolution of the sale if the lack of conformity is minor.
Any period of immobilization of the good with a view to its repair or replacement suspends the guarantee which remained to run until the delivery of the good repaired.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who hinders in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects in application of Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the item is kept or to a full refund upon return of the item.
11. INTELLECTUAL PROPERTY
The content of the website, the Facebook page and these T&Cs are the property of L’ORÉE DES 4 CHEMINS. It is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
12. CUSTOMER REVIEWS - IMAGE RIGHTS
In the event that the Customer submits a review of the services of L’ORÉE DES 4 CHEMINS, the Customer accepts that this review may be used for promotional purposes and reproduced on all communication media (website, social networks, commercial brochure).
In addition, the Customer accepts that the photos or videos that he/she may share publicly on social networks of his/her stay at the L’ORÉE DES 4 CHEMINS establishment may be reused for promotional purposes, provided that the author of the photo is mentioned. If the Customer does not wish his/her opinions or photos to be used, he/she may object by sending a message to the email address contact@loreedes4chemins.fr. L’ORÉE DES 4 CHEMINS will then benefit from a period of 30 days to remove these elements from all of its media.
13. PROTECTION OF PERSONAL DATA
In application of Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, the personal data requested from the Customer are necessary for processing his/her order and issuing invoices.
This data may be communicated to L’ORÉE DES 4 CHEMINS partners responsible for the execution, processing, management and payment of reservations.
The processing of information communicated via the website complies with legal requirements regarding the protection of personal data. The information system used ensures optimal protection of this data.
In accordance with national and European regulations, the Customer can access their information at all times. They can also modify, rectify, oppose and request the portability and limitation of the processing of their information.
This right can be exercised by sending an e-mail to the address: contact@loreedes4chemins.fr. The Customer may be required to provide proof of identity to exercise their rights.
The data is kept in an active database for the duration of the contract or 3 years from the last contact with the customer, and in an archive database for a period of 5 years, the duration of the limitation period under common law.
Finally, the Customer can file a complaint with the CNIL.
14. COMPLAINT – CONSUMER MEDIATION – COMPETENT JURISDICTION – APPLICABLE LAW
Any complaint will be sent by email to the address: contact@loreedes4chemins.fr, specifying as subject “complaint”, the references of the reservation, the description of the disorder / hidden defect / lack of conformity as well as any element that it deems useful for the establishment of the latter. If L’ORÉE DES 4 CHEMINS does not comply with this claim, the Customer may contact the consumer mediator within one year of this claim: by mail to CM2C consumer mediation center of Conciliateur de Justice 49 rue de Ponthieu 75008 Paris, on the website https://www.cm2c.net/declarer-un-litige.php or by email to cm2c@cm2c.net
In the event of failure of this mediation, or if the Customer does not wish to resort to it, the Customer remains free to submit his dispute to the competent courts of the Customer's domicile or the registered office of L’ORÉE DES 4 CHEMINS.
The Contract is subject to French law. In the event that the general terms and conditions of sale are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
I, the undersigned:
acknowledge having read these General Terms and Conditions
To contact us:
Hébergements insolites - L'Orée des 4 Chemins - Fontenoy - Puisaye-Forterre
L'Orée des 4 Chemins
- 06 14 21 93 33