Terms & Conditions of Sales
GENERAL CONDITIONS OF SALE
1. Purpose
The purpose of these General Terms and Conditions of Sale, hereinafter the "GTC", is to define the terms and conditions for renting a tourist residence, hereinafter "the Establishment", offered by the Company LE HUB DES ALPES, SARL with capital of €100,000, 37 AVENUE DES MASSETTES, 73190 CHALLES-LES-EAUX, registered under number 835 147 299 RCS CHAMBERY.
The Establishment offers the rental of furnished accommodation on a temporary basis, to private or professional clients, for short stays, hereinafter the ""Client"".
The Establishment and the Client are hereinafter jointly referred to as the ""Parties"".
These General Terms and Conditions govern all the steps necessary for the reservation and the monitoring of the reservation between the Parties.
The Customer acknowledges having read and accepted these General Terms and Conditions of Sale and the conditions of sale for the reserved rate, which are accessible on our booking platform. These general terms and conditions of sale apply to all bookings made online, via our booking platform.
2. Entirety
These General Terms and Conditions, the conditions of sale of the rate reserved by the Customer, and the reservation voucher or request express the entirety of the obligations of the parties hereinafter referred to as the "Contract". No general or specific conditions communicated by the Customer may be incorporated into these general conditions. The documents forming the contractual commitments between the Parties are, in descending order of priority, the reservation form or request (including the specific conditions of the reserved rate) and the General Terms and Conditions. In the event of a contradiction between the reservation form and the General Terms and Conditions, the provisions contained in the reservation form will be the only ones applicable to the obligation in question. These General Terms and Conditions may be modified and/or supplemented by our Establishment at any time. In this case, the new version of the General Terms and Conditions will be posted online by our Establishment. As soon as it is posted online, the new version of the General Terms and Conditions will automatically apply to future Customers.
3. Reservation
The Client chooses the services presented on our reservation platform. He acknowledges having read the nature, destination and booking terms of the services available on our booking platform via Elloha and having requested and obtained the necessary and/or additional information to make his booking with full knowledge of the facts. The Customer is solely responsible for his choice of services and their suitability to his needs, such that our Establishment cannot be held liable in this regard. The booking is deemed accepted by the Customer at the end of the booking process.
4. Booking process
Reservations made by the Customer are made via the electronic reservation form accessible online on our reservation platform. The reservation is deemed to be made upon receipt of the reservation form. The Customer undertakes, prior to any reservation, to complete the information requested on the voucher or reservation request. The Customer attests to the truthfulness and accuracy of the information provided. After the final choice of services to be reserved, the reservation procedure includes in particular the entry of the bank card in the event of a request for a guarantee or prepayment, the consultation and acceptance of the General Terms and Conditions of Sale and the conditions of sale of the reserved rate before validating the reservation and, finally, the validation of the reservation by the Customer.
5. Acknowledgment of receipt of reservation
Our booking platform acknowledges receipt of the Customer's booking by sending an email without delay. In the case of online booking, the acknowledgment of receipt of the booking by email summarizes the Contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the Customer, the date of the booking made, information relating to after-sales service, as well as the address to which the Customer can submit complaints.
6. Cancellation or modification by the customer
The Customer is reminded, in accordance with Article L. 221-28 of the French Consumer Code, that he/she does not have the right of withdrawal, this right not applying to rental contracts for accommodation properties, when a specific date or period of execution is provided. The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation. Prepaid reservations cannot be modified or cancelled. Advance payments, such as deposits, will not be refunded if the cancellation is due to the Customer.
In this case, it is mentioned in the conditions of sale of the rate. When the conditions of sale of the reserved rate allow it, the cancellation of the reservation can be made directly with our Establishment whose telephone contact details are specified on the confirmation of the reservation sent by email. All reservations are nominative and cannot under any circumstances be transferred to a third party, whether free of charge or for a fee.
7. Consumption of the service
Check-in is between 5:00 p.m. and 8:00 p.m.
Departures before: 11:00 a.m.
The rental is granted for a fixed and non-renewable period.
No renewal, even tacit, will be permitted.
Any request for an extension must be the subject of a new written agreement from our Establishment, which reserves the right to refuse it without justification.
In the event of occupation beyond the scheduled term, our Establishment reserves the right to charge a fixed compensation of €500 per calendar day, without prejudice to any action for eviction or compensation for the damage suffered.
The maximum capacity of the Residence is set at:
8 people.
Any higher occupancy or non-compliant use (festive events, subletting) is prohibited without prior written agreement.
The Client undertakes to respect the peaceful nature of the premises and to use them in accordance with their intended purpose.
Pets are not allowed.
In accordance with the regulations in force in certain countries, the Customer may be asked, upon arrival, to complete a police form. To do this, the Customer will be asked to present an identity document in order to check whether or not they must complete the police form. Any behavior contrary to good morals and public order will lead our Establishment to ask the Customer to leave the establishment without any compensation and/or without any refund if a payment has already been made. As our Establishment has Internal Regulations, the Customer accepts and undertakes to comply with said regulations. In the event of non-compliance by the Customer with one of the provisions of the Internal Regulations, our Establishment will be obliged to ask the Customer to leave the Establishment without any compensation and/or without any refund if a payment has already been made.
8. Liability
Our 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 Customer, in particular the unavailability of the internet network, inability to access the website, external intrusion, computer viruses or in the event of prepayment not authorized by the cardholder's bank. Any reservation or payment that is irregular, inoperative, 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.
9. Complaints
Complaints relating to the non-performance or poor performance of the reserved services must, under penalty of foreclosure, be brought to our attention in writing within fourteen days after the date of departure from the Establishment.
10. Price
The prices relating to the reservation of services are indicated before and at the time of booking. The prices are confirmed to the Customer in the amount inclusive of VAT, in the commercial currency of our Establishment, and are only valid for the duration indicated on the booking platform. If the debit made to our Establishment is made in a currency other than that confirmed on the reservation, the exchange fees are the responsibility of the Customer. All reservations, regardless of their origin, are payable in the local currency of our Establishment unless special arrangements are indicated on site. Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.), if applicable, shown on the price page, are to be paid directly on site to our Establishment. Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoice date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.
11. Payment
Payment for reservations made via our Establishment's website or services is handled through Stripe, an online payment service provider.
By making a reservation, the Customer also accepts the general conditions of use and the confidentiality policy of the STRIPE Company accessible at the following address: General Conditions of Sale in France
The banking information provided by the Customer is processed exclusively by Stripe and is kept for up to 24 hours after the customer's departure.
Our Establishment declines all responsibility in the event of payment refusal or incident attributable to Stripe
The Customer provides their bank details as a guarantee of the reservation, except for special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club, etc., depending on the possibilities offered by the establishment's reservation platform) by indicating directly, in the area provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the numbers, as well as its expiry date (it is specified that the bank card used must be valid at the time of consumption of the service) and the visual cryptogram. They must present themselves with the bank card that allowed them to guarantee the reservation. The payment is debited from our Establishment during the stay, except in the case of special conditions or rates where the partial or total debit of the payment is made at the time of reservation. This prepayment is called a deposit. In the event of a no-show (reservation not canceled - Customer not present) for a reservation guaranteed by credit card, our Establishment will debit the Customer, as a fixed compensation, the amount indicated in the reservation voucher or reservation request. The establishment has chosen Stripe, the STRIPE Company, to secure online payments by credit 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, limit reached, input error, etc. In the event of a problem, the Customer must contact their bank on the one hand, and our Establishment on the other hand, to confirm their reservation and payment method. In the case of a rate subject to online prepayment, the amount paid in advance, which are the deposits, is debited at the time of reservation.
12. Protection of personal data
12.1. Processing of data by the Establishment
As part of booking management, the Establishment may collect and process personal data concerning the Client. This processing is carried out in accordance with applicable data protection regulations.
The data controller is:
LE HUB DES ALPES, hereinafter the Establishment (SARL with capital of €100,000, 37 AVENUE DES MASSETTES, 73190 CHALLES-LES-EAUX, registered under number 835 147 299 RCS CHAMBERY
The data collected is necessary for the management of reservations, the execution of the Contract, and, where applicable, the management of claims and legal obligations. It is kept for the period strictly necessary for these purposes, and for a maximum of 3 years after the end of the stay, unless otherwise required by law.
On each collection form, the mandatory or optional nature of the data is indicated by an asterisk (*). If the mandatory data is not provided, the reservation cannot be processed.
In accordance with regulations, the Client has the right to access, rectify, erase, limit, oppose, and transfer their data. They may also withdraw their consent at any time, when the processing is based on consent.
These rights can be exercised by contacting: contact@villa-oh.fr
or by mail to the address of our Establishment's headquarters.
In case of reasonable doubt about the identity of the applicant, proof of identity may be requested.
The Customer also has the right to file a complaint with the CNIL ( www.cnil.fr ).
12.2. Data processing by third-party providers (elloha.com, Stripe.com)
As part of the reservation and payment process, our Establishment uses third-party technical service providers, including:
elloha.com, reservation management platform
stripe.com, online payment provider,
These service providers act as independent data controllers for purposes related to the security, execution, and management of payments. Our Establishment declines all responsibility for the processing carried out directly by these third parties, which are subject to their own privacy policies, which the Client is invited to consult:
Elloha Privacy Policy: https://www.elloha.com/campus-cguv
stripe.com Privacy Policy: https://stripe.com/fr/privacy
These third parties may be required to transfer certain data (particularly banking data) to countries outside the European Union, which do not always benefit from an adequate level of protection within the meaning of the GDPR. The Client expressly consents to this transfer, which is necessary for the performance of the contract.
The above-mentioned service providers have contractually undertaken to implement appropriate technical and organizational measures to ensure the security and confidentiality of the data transmitted.
13. Caution
A security deposit of €2,000 is required upon arrival, by bank imprint or transfer.
If payment is not made on the agreed date, the delivery of the keys may be refused, without this giving rise to any right to reimbursement or compensation.
It will be returned within 7 days after departure, less any damage or missing items noted.
14. Insurance
The tenant is required to be covered by civil liability insurance covering damage caused to third parties and to the rented property.
15. Evidence Agreement
Entering the required banking information, as well as accepting these General Terms and Conditions and the booking voucher or request, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature. The computerized records stored in the elloha.com computer systems will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the Parties. The Customer is informed that his IP address is recorded at the time of booking.
16. Force majeure
Force majeure means any event external to the parties that is both unforeseeable and insurmountable and prevents either the customer or the establishment from fulfilling all or part of the obligations set out in the contract. Cases of force majeure or fortuitous events are considered to be those usually recognized by the case law of the French Courts and Tribunals. Neither Party may be held liable to 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 performance of their reciprocal obligations and that each party bears the cost of the resulting costs.
17. Dispute resolution and allocation of jurisdiction
These General Terms and Conditions are governed by the law of the country of the Establishment without prejudice to any mandatory protective provisions that may be applicable in the country of residence of consumers.
In accordance with Articles L. 611-1 et seq. of the Consumer Code, any customer with consumer status may have recourse free of charge to a consumer mediator in the event of a dispute with the establishment, after having sent a written complaint which has remained without a satisfactory response.
The designated mediator is: The Tourism Travel Mediator https://www.mtv.travel/
The Customer may also use the European online dispute resolution (ODR) platform accessible at the following address: https://ec.europa.eu/consumers/odr
IN THE EVENT OF A DISPUTE WITH A COMMERCIAL COMPANY, EXCLUSIVE JURISDICTION IS ASSIGNED TO THE COMMERCIAL COURT OF CHAMBERY, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS OR A CALL FOR THIRD PARTY ACTION.