Terms of Sales

1. OBJECT

These general conditions are intended for the use of the reservation of stays in bed and breakfast and the services associated with them, within the establishment of ETXEA & CO - 7 rue Ibai Eder 64210 Bidart. These general conditions of sale as well as the reservation voucher constitute the reservation contract for a stay in guesthouses between the following parties:

- ETXEA & CO represented by Sandrine CORNILLIERE, hereinafter referred to as these general conditions of sale, the establishment, on the one hand,

- The holder of the reservation, hereinafter referred to as these general conditions of sale, the customer, on the other hand,

These general conditions of sale define the rights and obligations of each party, and govern all the steps necessary for booking and monitoring the booking between the contracting parties.Acceptance and compliance with the general conditions of sale and the various regulations of the establishment are acquired upon payment of the deposit.

2. DURATION OF STAY

This contract, accepted by the client, is concluded for a fixed period when booking. The customer may not in any circumstances claim any right to remain in the premises at the end of the stay.

3. PRICE

The prices are mentioned in euros, VAT included, per room and per night, for the number of people and the dates indicated on the reservation. The sweet breakfast is included in the price. Salty breakfast is optional and will be charged extra. The prices are inclusive of all taxes (tax included), excluding tourist tax. The VAT is that applicable on the day of booking and any change in the rate applicable to VAT will be automatically reflected in the prices indicated on the invoice date.The tourist tax is to be paid directly on site at the establishment and will be indicated in addition when invoicing the balance. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of invoicing. All reservations, whatever their origin, are payable in the local currency of the establishment. If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange costs are the responsibility of the customer.

4. RESERVATION

The customer acknowledges having read the nature, the destination and the reservation methods of the services available on the establishment's reservation platform and having requested and obtained the necessary and / or additional information to make his reservation with full knowledge of cause.The customer is solely responsible for his choice of services and their adequacy to his needs, so that the responsibility of the Establishment can not be sought in this regard. The reservation is deemed to have been accepted by the client at the end of the reservation process.

5. RESERVATION PROCESS AND PAYMENT TERMS

a) Online booking :

The reservation made online by the customer is made via the dematerialized reservation voucher available online on our reservation platform. The customer undertakes, prior to any reservation, to complete the information requested on the voucher or the reservation request. The customer certifies the veracity and accuracy of the information transmitted. After the final choice of services to be booked, the booking procedure includes in particular:

- consultation and acceptance of the conditions of sale of the reserved rate as well as the general conditions of sale,

- entering the bank card for thepayment of a deposit of 30% of the total amount of the price of the stay.

At the end of the reservation process described above, the reservation is deemed effective.

The reservation platform acknowledges receipt of the customer's reservation by automatically sending a confirmation email. This confirmation email summarizes the reserved services, prices, reservation dates, general conditions of sale, as well as the address of the establishment.

b) Other booking methods (telephone, email, mail, on site):

The establishment itself fills the reservation voucher in the light of the information previously provided by the customer and sends the customer a written confirmation of his pre-reservation (email or post) accompanied by the conditions of sale of the reserved price and the general conditions of sale, pending payment.

The customer must pay, within 7 days of the pre-booking request, a deposit of 30% of the total amount of the price of the stay, via the following payment methods:

-Bank transfer - exclusively in euros and costs charged to the originator (IBAN of the establishment: FR76 3000 4022 2800 0100 9988 349 - BIC: BNPAFRPPXXX - BNP Bidart)

- Online payment by credit card (link on pre-booking confirmation email)

The reservation is recorded and confirmed from the receipt of the deposit. The payment of the deposit implies acceptance of these general conditions of sale. Note that in the absence of payment of the deposit within the time limit, the reservation is not confirmed and, therefore, the establishment reserves the right to return the room to rent.

6. PAYMENT OF THE BALANCE AND ADDITIONAL BENEFITS

The balance of the stay must be paid 15 days before the date of arrival, via the following payment methods:

- Bank transfer - exclusively in euros and costs charged to the originator (IBAN of the establishment: FR76 3000 4022 2800 0100 9988 349 - BIC: BNPAFRPPXXX - BNP Bidart)

-ANCV holiday vouchers

- Online payment by credit card

An invoice will be edited and sent to the customer.

Additional services consumed on site and not reserved or paid in advance will be payable on site the day before departure (example: salted breakfast option, cot) only by bank card or holiday vouchers.

The establishment chose elloha.com * / stripe.com ** in order to secure online payments by bank card. The validity of the customer's payment card is verified by stripe.com **. There may be a refusal of the payment card for several reasons: stolen card, blocked card, ceiling reached, input error ... In the event of a problem, the customer will have to approach his bank on the one hand, the on the other hand to confirm his reservation and his method of payment.

7. TOURIST TAX

The tourist tax is a local tax that the customer must pay to the owner who then transfers it to the municipality or community of municipalities.

8. ABSENCE OF WITHDRAWAL

The customer is reminded, in accordance with article L. 121-21-8 12 ° of the Consumer Code, that he does not have the right of withdrawal provided for in article L. 121-21 of the French consumption.

9. CANCELLATION / MODIFICATION BY THE CLIENT

The conditions of sale of the reserved rate specify the terms of cancellation and / or modification of the reservation. When the conditions of sale of the reserved rate allow, the customer must notify his request for cancellation by registered letter or by email to the establishment.All reservations are nominative and can in no case be transferred to a third party, either free of charge or for a fee.

a) Cancellation before the start of the stay

- Cancellation MORE THAN 30 DAYS before the start of the stay: the deposit of 30% of the total amount of the stay will be fully refunded to the customer

- Cancellation BETWEEN 16 AND 30 DAYS before the start of the stay: the deposit of 30% of the total amount of the stay is kept by the establishment

- Cancellation LESS THAN 16 DAYS before the start of the stay, the full amount of the stay (accommodation and paid services) remains with the establishment.

b) No Show (reservation not canceled - customer not present)

If the customer does not appear in any way at the latest at 7:30 p.m. on the day scheduled for the start of the stay, the contract becomes void and the owner can dispose of his rooms. The full amount of the stay (accommodation and paid services) remains with the Establishment.

c) Shortened stay

The full amount of the stay (accommodation and consumed services, paid or not) remains with the Establishment.

10. CANCELLATION / MODIFICATION BY THE ESTABLISHMENT

If before the start of the stay, the establishment is obliged to cancel the reservation, it must inform its client by registered letter. The client, without prejudging recourse for compensation for any damage suffered, will be reimbursed immediately for the sums paid, without compensation.
Without the client being able to claim any compensation, the establishment, if it were forced to do so, reserves the right to change the room initially reserved by the client for a room of the same category. In such a case, the cost of the reservation will remain unchanged.

11. CONSUMPTION OF THE SERVICE

a) Police sheet

In accordance with the regulations in force (article R 611-42 of the code for the entry and stay of foreigners and the right of asylum), customers of foreign nationality will be asked to complete a form upon arrival from police. To do this, the client will be asked to present an identity document in order to check whether or not he must complete the police form. The establishment will keep a copy for the duration of the stay. Any behavior contrary to morality and public order will cause the establishment to ask the customer to leave the establishment without any refund or indemnity.

b) Arrival / Departure times

Arrival: between 6:00 p.m. and 7:30 p.m.

Departure: maximum 10:30 a.m.

On the day of departure, the client must vacate the room no later than 10:30 a.m. Any departure after this time without the establishment's prior agreement may result in the billing of an additional night.

c) Use of the premises

The client must respect the peaceful character of the premises and make use of it in accordance with their destination. The reservation being nominative, the premises can in no case benefit a third party. Only people staying within the establishment are authorized to use the common areas and the swimming pool. The client undertakes to return the room and the common areas without having degraded them. He undertakes to declare and assume financial responsibility, any possible degradation for which he could be responsible. Otherwise, the establishment reserves the right to initiate legal proceedings against the client.

All interior spaces are non-smoking.

d) Capacity

The reservation is established for a specific number of people.The establishment is entitled to refuse any additional person. This refusal cannot be assimilated to a modification of the contract on the initiative of the establishment, so that in case of departure of the client for this reason, no refund can be envisaged.

e) Animals

Animals are not allowed. The establishment is therefore entitled to refuse the customer coming to stay with his animal, including if it is a pet.
This refusal cannot be assimilated to a modification of the contract on the initiative of the establishment, so that in case of departure of the client for this reason, no refund can be envisaged.

f) The swimming pool

The swimming pool is open according to the conditions of the regulations in force within the establishment.
The swimming pool is reserved only for family members and relatives of the owners, and for customers staying in guest rooms. The establishment reminds customers that there is no surveillance of the swimming pool.Any swimming in the pool must be under the constant supervision of adults capable of intervening quickly in the event of danger. Access to the swimming pool and its surroundings is prohibited for unaccompanied children. Children are the sole responsibility of their parents or those accompanying them, who must actively supervise them.
Any user of the swimming pool must be covered by civil liability defense and recourse insurance. The establishment and the owners of the premises decline all responsibility in the event of an accident or drowning.
Any user of the swimming pool must comply with the rules for using the swimming pool.

12. LIABILITY

The photographs presented on our booking platform are not contractual. Even if all the best efforts are made so that the photographs, graphic representations and the texts reproduced to illustrate the establishment presented give an overview as exact as possible of the services offered, variations may occur between the time of booking and the day of consumption of the service.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, due to the client, in particular the unavailability of the Internet network, external intrusion, computer viruses. or in the event of prepayment not authorized by the bearer's bank. Any reservations or payments that are irregular, ineffective, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the latter.

13. INSURANCE

The customer certifies that he is covered by private liability insurance covering his responsibility and that of his family.
The children of clients evolve within the establishment under the full responsibility of their parents or those accompanying them.

The customer agrees to return the guest rooms in perfect condition at the end of the stay, and to declare and assume financial responsibility, any possible degradation for which they could be responsible.
The establishment declines any responsibility in the event of theft, loss, damage to personal effects, damage to property and / or injury to persons on the property.

In case of forgetting in the room at the end of the stay, the effects can be sent to the person concerned, on his request and at his expense.

14. LITIGATION

These General Terms and Conditions of Sale are governed by the law of the country of establishment without obstructing any mandatory protective provisions applicable in the country of residence of consumers.Complaints relating to the non-performance or poor performance of the reserved services must, under penalty of foreclosure, be brought to the attention of the establishment in writing within eight days following the date of departure from the establishment.

15. RESPECT FOR PRIVACY

The customer is informed, on each of the online personal data collection forms, of the mandatory or optional nature of the responses by the presence of an asterisk. The information processed is intended for the establishment, the Elloha.com * booking platform, its entities, its partners, its service providers (and in particular online payment providers). The customer authorizes Elloha.com * to communicate his personal data to third parties on the condition that such communication proves to be compatible with the performance of operations incumbent on elloha.com * under these general conditions and in connection with the Customers Charter protection of personal data.In particular when paying online, the customer's bank details must be sent by the payment provider stripe.com ** to the bank of the establishment, for the execution of the reservation contract. The customer is informed that this data transfer can therefore be carried out in foreign countries that do not have adequate personal data protection within the meaning of the Data Protection Act. However, the customer consents to this transfer necessary for the execution of his reservation. Constellation SAS / Stripe.com ** in their professional capacity, are committed vis-à-vis Elloha.com * to take all security measures and respect for data confidentiality for said data transfers.

16. EVIDENCE AGREEMENT

The entry of the required bank information, as well as the acceptance of these general conditions and the reservation voucher or request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.The computerized registers kept in the computer systems of elloha.com * will be kept under reasonable security conditions and considered as proof of communications, orders and payments made between the parties. The customer is informed that his IP address is registered at the time of booking.

17. FORCE MAJEURE

Force majeure means any event external to the parties which is both unpredictable and insurmountable which prevents either the client or the establishment from ensuring all or part of the obligations provided for in the contract. Are considered as force majeure or fortuitous event those usually recognized by the jurisprudence of French Courts and Tribunals. Each party cannot be held liable towards the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the execution of their reciprocal obligations and that each party bears the burden of the costs arising therefrom.

18. ENTIRETY

The booking voucher, the general conditions of sale as well as the regulations in force within the establishment form an indivisible whole which is accepted in full upon payment of the deposit by the customer. These elements constitute the entire obligations of the parties. No general or specific condition communicated by the customer can be integrated into these general conditions of sale. The documents forming the contractual commitments between the parties are, in descending order of priority, the reservation voucher or request (including the special conditions of the reserved price) and these general conditions of sale.

19. INTERNET USE RULES

a) Internet access

The internet access made available to the client during the stay is shared with that used by the establishment. The characteristics are those provided by the ISP (Internet Access Provider). The customer can connect by WiFi or wired via a PLC terminal.
This service is offered free of charge subject to equipment compatibility.

b) Access code to the establishment's Wi-Fi network

The wifi access code will be provided on request.

c) The charter of good conduct

Good use of the Internet : The client declares that he accepts the specifics and limits of the Internet. : He acknowledges in particular that the community of Internet users has developed a code of good conduct which he declares to be familiar with and consequently admits that the transgression of this code may have the effect of excluding him from access to the Internet. 'Internet, without the establishment can not be held responsible for it. It also recognizes that data circulating on the Internet must not contravene the laws, regulations, charters of use or ethics, national and international in force.The data circulating on the Internet can be regulated in terms of use or protected by a property right, the customer is solely responsible for the use of the data which he consults, stores and transports on the Internet. Likewise, the data circulating on the Internet network being liable to be diverted, the communication by the client of confidential data (credit card code, for example), is done at his own risk.

Respect for Netiquette and laws and regulations: Netiquette is a code of conduct developed by the Internet community. Failure to comply by the customer may provoke reactions from other Internet users against whom the establishment cannot be held responsible.In addition, the client is prohibited from publishing, by any means whatsoever, content contrary to public order, in particular and without limitation, content of a pedophile or pornographic nature, inciting suicide, racial hatred or the commission of xenophobic, anti-Semitic crimes or offenses which infringe the right to image and respect for private life. The client also refrains from infringing the property rights of others, in particular and not limited to, disseminating content infringing intellectual and industrial property rights.

The establishment is likely to transmit the customer's contact details in the event of an investigation in accordance with the law.

"Spamming" and chain letters : The use by the customer of the establishment's internet access service for fraudulent or harmful purposes, such as, in particular, the sending in number of unsolicited messages and other facts of the type "spamming" is strictly prohibited.

Hacking and hacking:The customer undertakes not to use the internet service made available by the establishment for hacking, intrusion into computer systems or "hacking", as well as any other reprehensible act, whether civilly or criminally.

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* Elloha.com (Site edited by Elloha SAS - Headquarters: 4, rue Cité Bartissol in Perpignan - Perpignan RCS under number 837856806) is the booking platform used by the establishment for booking the services provided by establishment to the client.
** Stripe.com (site edited by the company is a site intended for internet payment professionals.