General terms and conditions
These general terms andconditions of sale (hereinafter, the “General Terms and Conditions”) define the contractual relationship between any non-professional user (hereinafter, the “Customer”) of La maison Obono (hereinafter, the “Hotel”) and its website www.maison-obono. com (hereinafter, the “Site”), operated by SAS KERMOBE, a société par actions simplifiée (simplified joint stock company), registered with the Registre du Commerce et des Sociétés under number 884 605 858 00023, having its registered office at Impasse Kerdréan, 56400 LE BONO, FRANCE, whose intracommunity VAT number is FR18884605858 (hereinafter referred to as the “Service Provider”), from booking to the Customer’s departure from the Hotel, as well as the conditions applicable to all bookings made through the reservation services of the Hotel Site.
The Provider reserves the right to modify all or part of the General Terms and Conditions at any time. In this case, the new version of the General Terms and Conditions will be available on the Site with its effective date. The applicable conditions will be those in force on the date of validation of the Customer’s reservation.
The Customer declares that he/she has read the General Terms and Conditions, which must be accepted before any reservation can be validated. Any validated reservation implies express and complete acceptance of the General Terms and Conditions, and the waiver of any right to invoke the Customer’s own conditions of purchase or any other conditions. When a reservation is made on the Hotel’s website, the Customer declares that he/she has read the General Terms and Conditions and accepts them by checking the appropriate box before validating the reservation.
The Customer has the option of saving and editing these General Terms and Conditions using the standard features of his/her browser or computer.
SCOPE OF APPLICATION
The General Terms and Conditions apply to all bookings made directly with the Provider or by Internet via the reservation services on the Hotel’s Site.
The General Terms and Conditions apply to all services offered by the Hotel.
The recording of the reservation and the sending of the confirmation shall constitute proof of the transaction and acceptance of the operations carried out.
The Customer declares that he/she is acting for personal purposes that do not fall within the scope of his/her commercial, industrial, artisanal, liberal or agricultural activity and that he/she has full legal capacity enabling him/her to commit to the present General Conditions.
The Customer declares that he/she is responsible for the use of the Hotel Site reservation site, both in his/her own name and on behalf of third parties, in particular minors. In this respect, the Customer guarantees the truthfulness and accuracy of the information provided, both by himself/herself and by minors under his/her care at the time of booking.
Fraudulent use of the Hotel’s reservation services or which contravenes the General Terms and Conditions may result in refusal of access to the services offered and give rise to prosecution before the competent courts.
FORMATION OF CONTRACT
The contract is deemed to have been formed once a reservation number has been allocated by the Provider to the Customer, and communicated at the time of confirmation of the reservation, and this by any means of communication (telephone, e-mail, post, etc.).
The Customer chooses services from among those offered by the Provider and presented on the Hotel Site according to his/her needs.
The Customer acknowledges that he/she has taken cognizance of the nature, purpose and booking terms of the services available on the Hotel Site and has requested and obtained the necessary and/or additional information to make his/her booking with full knowledge of the facts.
The Customer is solely responsible for his choice of services and their suitability for his needs, and the Service Provider cannot be held liable in this respect.
The reservation is deemed accepted by the Customer at the end of the reservation process.
BOOKING TERMS AND CONDITIONS
Reservations for services offered by the Hotel may be made by telephone on the following number: +33(0) 2 97 57 84 00, by email or online via the Hotel’s website firstname.lastname@example.org
A written confirmation of the reservation will be sent to the Customer as soon as possible, and at the latest within eight (8) days of the reservation, by any means of communication.
This confirmation will include the essential elements of the reservation, such as the type of room reserved, the number of nights, the price and the expected date of availability, as well as any other services that may have been included by the Customer in his/her reservation request.
PROOF OF TRANSACTION
It is expressly agreed that, except in the case of manifest error proven by the Customer, the data stored in the Service Provider’s information system, on computer or electronic media, have evidential value concerning the reservations made by the Customer. Consequently, such data may be produced as evidence in any litigation or other proceedings, and will be admissible, valid and enforceable between the parties in the same manner, under the same conditions and with the same evidential force as any document that would be drawn up, received or kept in writing.
The prices pertaining to the booking are indicated before and at the time of booking.
The sum to be paid by the Customer includes the price of the stay (unit price of the room selected by the Customer multiplied by the number of nights) plus any options chosen at the time of booking (unit price multiplied by the quantity ordered), where applicable. Unless otherwise stated on the Site, options (breakfast) not offered at the time of booking are not included in the price.
Prices are given inclusive of all taxes (VAT), in euros, and are valid only for the date or period indicated on the Site.
The tourist tax, indicated for each rate, must be paid directly to the hotel, unless otherwise specified at the time of booking.
Any change or introduction of new governmental or local taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the invoice date.
For reservations made online on the Hotel’s website, the Customer has a choice of several rates:
a preferential rate for a non-changeable and non-refundable reservation ;
a flexible rate for a modifiable and refundable reservation, for which the conditions of modification and refund are specified.
The Service Provider reserves the right to modify the prices shown on brochures and other commercial material, as well as the prices displayed in the establishments, at any time and without prior notice. Such changes will be inapplicable to reservations previously accepted by the Provider.
At the time of booking, the Customer must provide his/her credit card authentication details, in order to validate the booking. Failing this, the reservation will be automatically cancelled.
The Hotel may also ask the Customer to show proof of identity to prevent credit card fraud.
for the preferential rate with prepayment: the total price of the reservation is debited at the time of booking, to the credit card provided by the Customer. The Customer expressly acknowledges that this is a prepayment and that his/her card will be debited before his/her stay. The reservation validated by the Customer will only be considered effective once the relevant bank payment centers have given their approval. In the event of refusal by the aforementioned centers, the reservation will be automatically cancelled. Payment must be made using one of the credit cards indicated on the Site, via a secure web page. The Customer’s credit card details will be encrypted using SSL (Secured Socket Layer) protocol up to 128 bits. The customer’s credit card details can never be transmitted over the Internet without being encrypted.
for the flexible rate: no prepayment is required at the time of booking. The customer’s credit card number is required to validate the booking, but the customer’s credit card will not be debited. Payment for the reservation must be made to the Service Provider directly at the Hotel on the Customer’s departure.
for rates not prepaid online: the Hotel may ask the Customer, upon arrival, for a security deposit or authorization to debit the credit card in order to guarantee payment of the sums corresponding to the services consumed on site.
Payment of extras: any extras (bar, telephone, etc.) not explicitly included in the rates will be payable directly on site at the end of the stay. Failing this, the Customer expressly authorizes the Service Provider to debit the bank card left as a guarantee for the payment of extras.
MODIFICATION OF BOOKING
This provision does not apply to bookings made at the preferential rate.
Modification at the Customer’s request: booking modifications may be made free of charge, subject to availability. Any additional costs incurred as a result of modifications requested by the customer will be invoiced separately.
Modification at the Provider’s request: in the event of unavailability of the reserved rooms due to unforeseen circumstances, the Provider undertakes to relocate the Customer, at no extra charge, to a hotel of at least equivalent standing. Transfer costs related to this relocation will be borne by the Service Provider.
CANCELLATION OF THE BOOKING
The client is reminded that, in accordance with article L. 121-20-4 of the French Consumer Code, he/she does not have the right of withdrawal provided for in article L. 121-20 of the French Consumer Code.
Bookings made at the preferential rate cannot be cancelled by the customer.
For other bookings, all cancellations must be sent by email, quoting the booking number.
For reservations made on the Hotel’s website, the Customer may cancel the reservation by clicking on the link at the end of the confirmation e-mail and following the instructions displayed on the screen.
If the reservation includes a booking fee, this is non-refundable. The amount of the fee charged to the customer in the event of cancellation of the reservation is indicated at the time of booking.
In the event of cancellation, if the customer has paid all or part of the reservation online, this amount will be refunded after deduction of the cancellation fee.
It is advisable to cancel as soon as possible once the cause for cancellation has occurred.
For the purposes of calculating cancellation deadlines, it is agreed that the “Expected date of arrival” is the day of the first scheduled night at noon (12:00) local time.
Cancellation by the customer for a one-night stay: cancellation must be made at least one (1) day before the scheduled arrival date. For cancellations made less than one (1) day before the scheduled arrival date, or in the event of a no-show at the hotel, the full amount of the reservation will be charged, excluding extras.
Cancellation by the customer for a stay of more than one night: this cancellation must be made at least one (1) day before the scheduled arrival date. For cancellations made less than one (1) day before the scheduled arrival date, or in the event of a no-show at the Hotel, the first night will be billed, excluding extras.
Cancellation by the Provider: in the event of cancellation by the Provider, no fee will be charged to the Customer.
Reception is open 24 hours a day.
Unless expressly agreed otherwise, the Customer may arrive at the Hotel from 2 p.m. on the first day of his/her reservation and must leave the room before 11 a.m. on the day his/her reservation ends. Failure to do so will result in an additional charge of one night’s stay.
The Customer accepts and undertakes to use the room and the common areas made available to him/her in a responsible manner. Any behavior contrary to the principles of safety and/or hygiene, good morals and/or public order may lead the Provider to ask the Customer to leave the Hotel without any compensation and/or without any reimbursement if payment has already been made.
Any damage caused by the Customer to the reserved room may be billed directly to the Customer. Penalties equal to a maximum of the price of the room reserved may be applied if the Customer fails to comply with the sign prohibiting smoking in the room, when posted.
The Customer also undertakes to ensure that the computer resources made available by the Hotel (in particular the WiFi network) are in no way used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code where such authorization is required.
CUSTOMER DISCLAIMERS AND RESPONSIBILITY
The Customer is solely responsible for the information communicated at the time of account creation and/or any reservation. The Service Provider cannot be held responsible in the event of erroneous or fraudulent information communicated by the Customer. In addition, the Customer alone is responsible for the use of his/her account and for any reservation made, both in his/her own name and on behalf of third parties, including minors, unless it can be demonstrated that fraudulent use was not the result of any fault or negligence on his/her part. In this respect, the Service Provider must be immediately notified of any misappropriation or fraudulent use of the Customer’s e-mail address.
The Customer undertakes to use the Hotel Site and the services offered therein in compliance with the applicable regulations and the present General Terms and Conditions. Should the Customer fail to comply with his/her obligations under these General Terms and Conditions, he/she shall be liable for any damage caused by him/her to the Hotel, the Service Provider or third parties. In this respect, the Customer undertakes to indemnify the Supplier against all claims, actions or recourse of any nature whatsoever which may result therefrom, and to compensate the Supplier for all damages, costs or indemnities whatsoever arising therefrom.
In particular, by making a definitive reservation, the Customer undertakes to pay the price and to comply with any special conditions relating thereto.
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.
RESPONSIBILITY OF THE PROVIDER
In the online booking process, the Service Provider is bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network, such as data loss, intrusion, viruses, service interruptions, etc. Hypertext links may lead to sites other than the Hotel’s site, and the Hotel accepts no responsibility for the content of these sites or the services offered. The decision to consult third-party websites is therefore the sole responsibility of the Customer.
The photographs presented on the Hotel Site are not contractual. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel give as accurate an idea as possible of the services offered, variations may occur, particularly due to changes in furnishings or possible renovations. The Customer shall not be entitled to any claim in this respect.
In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements making up the offers presented on the Hotel Site are strictly prohibited.
The Provider shall not incur any liability for any indirect damage arising from the present, in particular from a third party, from the Customer or from the Hotel’s partners.
The Customer acknowledges and accepts that the Hotel, as the data controller, collects and processes the personal data required for the purposes of managing reservations and customers, for billing and payment purposes and for conducting its sales campaigns and satisfaction surveys. The data is intended for use by the Hotel and its service providers.
The Customer is informed, on each personal data collection form, of the compulsory or optional nature of the answers and information by the presence of an asterisk.
The processing of information communicated via the Hotel website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data.
In accordance with current national and European regulations, the Customer has the right to access, rectify and delete personal data concerning him/her, and may oppose the processing of his/her data. To exercise these rights, the Customer should contact the Hotel, by post or e-mail, at the following address
56400 LE BONO
Email : email@example.com
The Customer is also informed of his right, in application of article L.223-2 of the French Consumer Code, to register on the list of opposition to telephone canvassing at the time his telephone details are collected.
Concerning the use of the Hotel Site, the Provider is the owner of all intellectual property rights relating to the Site.
The elements accessible on the Site, notably in the form of texts, photographs, images, icons, sounds, videos, software and databases, are also protected by intellectual and industrial property rights and other private rights held by the Provider.
Except with the express, written and prior agreement of the Provider, it is expressly forbidden to reproduce, exploit, distribute or use for any purpose whatsoever, even partially, elements present on the Site, or to distribute a simple or hypertext link.
INTEGRALITY OF THE CONTRACT
The present General Conditions, the conditions of sale of the fare booked by the Customer and the booking confirmation express the entirety of the obligations of the parties and constitute the confirmation of the contract including all the information provided for in article L. 221-5 of the French Consumer Code within the meaning of article L. 221-13 of the French Consumer Code.
The documents forming the contractual commitments between the parties are, in descending order of priority, the booking confirmation, including the special conditions of the fare booked, which have been validated by the Customer, and the present General Conditions.
In the event of contradiction between the booking confirmation and the General Conditions, the provisions appearing on the booking confirmation validated by the Customer will be the only ones applicable for the obligation in question.
The Provider, the Hotel and the Customer may not be held liable in the event of non-performance of their obligations resulting from an event of force majeure, as defined in Article 1218 of the French Civil Code.
It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations.
Each of the parties shall bear the cost of all expenses incumbent upon it resulting from the force majeure event.
Any claim relating to a reservation must be sent by the Client by registered mail with acknowledgement of receipt to the following Hotel address, at the latest within fifteen (15) days following the last overnight stay, under penalty of foreclosure:
JURISDICTION & REFERRAL TO THE CONSUMER OMBUDSMAN
These General Terms and Conditions and the contractual relationship between the Service Provider and the Customer are governed by French law.
ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE GENERAL TERMS AND CONDITIONS COULD GIVE RISE CONCERNING BOTH THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR CONSEQUENCES AND THE CONSEQUENCES AND WHICH COULD NOT BE RESOLVED BETWEEN THE PROVIDER AND THE CLIENT WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
However, the customer undertakes to seek an amicable solution before taking any legal action.
The customer is hereby informed that he/she may, in any event, have recourse to conventional mediation, in particular with the Tourisme Voyage Mediator, whose contact details are as follows:
MTV Médiation Tourisme Voyage
BP 80 303
75823 Paris Cedex
Email : firstname.lastname@example.org
For further information on the Tourism and Travel Mediator, customers may consult his website: www.mtv.travel.
Customers are informed that they can visit the European platform for Online Dispute Resolution (ODR) between consumers and professionals: https://ec.europa.eu/consumers/odr/main/index.cfm
The Customer acknowledges having been provided, prior to confirmation of his reservation, on the Hotel Site, in a legible and comprehensible manner, and on a durable medium, with the present General Conditions and all the pre-contractual information provided for in Articles L. 221-5 and L. 221-11 of the French Consumer Code, and in particular:
- the essential characteristics of the services, taking into account the communication medium used and the service concerned;
- the price of the service and its ancillary costs;
in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to perform the service;
- information relating to the identity of the Provider, its postal, telephone and electronic contact details and its activities, insofar as they are not apparent from the context;
- information relating to legal warranties and how they apply;
- the functionalities of digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- the non-applicability of the right of withdrawal.
- information concerning, where applicable, the costs of using distance communication technology, the existence of codes of good conduct, where applicable sureties and guarantees, termination procedures, dispute settlement methods and other contractual conditions.