GENERAL TERMS AND CONDITIONS OF SALE AND USE

Article 1 - Definitions

We will refer to this as:

- Site' or 'service': the https://pont-roche.com/ site and all its pages.
- Services': all the accommodation services that can be booked on the site.
- Publisher' or 'Owner': The person, legal entity or natural person, who owns the accommodation offered and is responsible for the publication and content of the site.
- User': The Internet user visiting and using the site.
- Customer': The Internet user making a reservation on the site.

Article 2 - Information required by the law of confidence in the digital economy and purpose of the site

This site is published by Frederic Dansert Auto Entreprise.legal information concerning the host and publisher of the site, in particular contact details and any capital and registration details, is provided in the site's legal notice.information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter.The site is freely accessible to all Internet users and enables them to consult the accommodation on offer and to request a reservation for one or more types of accommodation.reserving accommodation or, more generally, browsing the site implies acceptance by the Internet user of all of these terms and conditions, who thereby acknowledges that he/she has read them in full. This acceptance may consist, for example, of the Internet user ticking the box corresponding to the sentence accepting these general terms and conditions, which might read, for example, "I acknowledge that I have read and accepted all the general terms and conditions of the site". The fact of ticking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user. Acceptance of these terms and conditions assumes that users have the legal capacity to do so. If the user is a minor or does not have this legal capacity, he/she declares that he/she has the authorisation of a guardian, curator or his/her legal representative.the internet user acknowledges the evidential value of the automatic recording systems of the publisher of the present site and, unless he/she can provide proof to the contrary, he/she waives the right to contest them in the event of a dispute.

The Publisher makes available to the Customer, on its Site, a confidentiality policy specifying all the information relating to the use of the Customer's personal data collected by the Publisher and to the rights which the Customer has in respect of such personal data. The data confidentiality policy forms part of the CGUV. Acceptance of these GCUVs therefore implies acceptance of the data confidentiality policy.

Article 3 - Characteristics of the accommodation offered

The services and accommodation offered are those shown on the pages of the site. Accommodation is offered subject to availability. Each accommodation is accompanied on the site by a description drawn up by the owner. The photographs of the accommodation offered reflect a faithful image of the accommodation but are not contractual insofar as they cannot ensure a perfect similarity with reality. The support service on this site is available by e-mail at the following address: contact@pont-roche.fr or by post at the address indicated in the legal notice, in which case the owner undertakes to provide a response within 7 days. Frederic Dansert also provides users of the site and its customers with a telephone helpline to answer their questions. The helpline can be contacted by telephone on 06 23 02 39 81 (price of a local call).

Article 4 - Rates

The prices of the accommodation shown on the website are net prices in Euros (VAT not applicable, in accordance with article 293 B of the French General Tax Code), excluding any tourist tax.

Frederic Dansert reserves the right to pass on any change in the VAT rate to the price of the accommodation. The owner also reserves the right to modify its prices at any time. Nevertheless the price appearing on the site the day of the order will be the only one applicable to the buyer.

Customers booking accommodation must pay a tourist tax, set by deliberation of the municipal council concerned by the accommodation booked, if they are not domiciled in the municipality and do not own a residence there for which they would be liable for council tax. This tourist tax, if not explicitly added to the price of the accommodation and paid at the time of booking, may be applied and requested on site at the end of the stay. In any case, it will be detailed to the customer, if applicable, on the invoice that will be given to him/her.

Article 5 - Duration of the stay

The client who signs this contract concluded for a fixed period may not under any circumstances claim any right to remain in the premises at the end of his stay.

Article 6 - Exemption from the publisher's liability in connection with the execution of this contract

Should access to the site be impossible due to technical problems or problems of any other nature, the user may not claim any damages and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more services offered by the site cannot constitute a prejudice for Internet users and cannot in any way give rise to the awarding of damages by the site editor. The photographs of the accommodation and services presented on the site are not contractual in nature, and the publisher of this site may not be held liable if the characteristics of the accommodation differ from the visuals presented on the site, or if the latter are incorrect or incomplete. The hypertext links present on this site may lead to other Internet sites and the publisher of this site may not be held liable if the content of these sites contravenes current legislation. Likewise, the publisher of the present site may not be held liable if the Internet user's visit to one of these sites causes him/her harm.

Article 7 - Intellectual property rights relating to the elements published on this site

All elements of this site belong to the publisher or to a third party authorised by the publisher, or are used by the publisher on the site with the authorisation of their owner. Any copy of the logos, textual, pictographic or video content, without this list being limitative, is strictly forbidden and is tantamount to counterfeiting.

Article 8 - Marks

The trademarks and logos contained in the site are registered by Frederic Dansert, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions provided for in articles L.713-2 and following of the Code of intellectual property.

Article 9 - Limitation of liability

The site editor, particularly in the online booking process, is only bound by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, breakdown in service, or other. The publisher of the site, Frederic Dansert, cannot be held responsible for the non-execution of the contract concluded due to the occurrence of an event of force majeure. Users expressly acknowledge that they use the site at their own risk and under their sole responsibility. The site provides the user with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any event, Frederic Dansert cannot be held responsible for :- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result from the use of the site, or on the contrary from the impossibility of its use;- malfunction, unavailability of access, incorrect use, incorrect configuration of the user's computer, or the use of a browser that is not widely used by the user; - the content of advertisements and other links or external sources accessible by the user from the site.

Article 10 - Access to the site

The site editor may not be held liable for technical unavailability of the connection, whether this is due to force majeure, maintenance, updating or modification of the site, intervention by the host, an internal or external strike, a network failure, a power cut or incorrect configuration or use of the user's computer.

Article 11 - Applicable law and mediation

The present general conditions are subject to the application of French law. They may be modified at any time by the site editor or his representative. The general conditions applicable to the user are those in force on the day of his reservation or his connection to the present site. The publisher undertakes to keep all its former general conditions and to send them to any user who requests them. Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions could, before any legal action, be submitted to the appreciation of the publisher of the site in view of an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal concerned.
Consumer mediation: According to article L.612-1 of the Consumer Code, "every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme". In this respect, Frederic Dansert Auto Entreprise offers its private customers the possibility of mediation by the MEDIATEUR DE LA CONSOMMATION AGREE - Société Médiation Professionnelle, whose contact details are as follows:

  • Name of mediator: Société Médiation Professionnelle
  • Address: 24 rue Albert de Mun, 33 000 Bordeaux
  • Website: https://www.mediateur-consommation-smp.fr/
  • Email address: saisine@www.mediateur-consommation-smp.fr

Mediation is not compulsory, but is offered solely as a means of resolving disputes without resorting to the courts.

The Consumer is hereby informed that he/she has the right to register on the "opposition to telephone canvassing" list if he/she does not wish to be canvassed by telephone. To this end, the Consumer may register on the https://www.bloctel.gouv.fr/ website or by post to the following address: Worldline - Service Bloctel - CS 61311 - 41013 Blois Cedex.

Article 12 - Use of Cookies

A "Cookie" enables the identification of the user of a site, the personalisation of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use "cookies" mainly to 1) obtain browsing statistics in order to improve the user experience, and 2) allow access to content that is not accessible without memory of the user's actions (particularly in the booking process). The user acknowledges that he/she has been informed of this practice and authorises the site publisher to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition. Users may refuse to accept cookies or configure their browser to warn them before accepting cookies. To do this, the User must set the parameters of their browser:
- For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari: https://support.apple.com/fr-fr/ht1677
- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

Article 13 - Booking process and conclusion of the booking contract

The "Basket" defined below is the immaterial object containing all the services selected by the site user with a view to making a reservation. Once the Internet user considers that they have selected and added to their basket all the services they wish to book, they will be able to confirm their booking. They will then be redirected to a summary page where they will be informed of the number and characteristics of the nights booked, as well as their unit price. If they wish to validate their order, Internet users must tick the box relating to ratification of these general terms and conditions and click on the validation button. The Internet user will then be redirected to a page where they will have to fill in the booking form fields. They will then be redirected to a page where they will be asked to fill in the booking form fields, in which case they will be asked to enter a number of personal details that are necessary for the booking process to run smoothly. The Internet user will then be able to confirm the booking with the site, and the user will be given payment instructions to complete the booking, using the payment methods listed in the section of these general terms and conditions relating to payments. The Internet user is asked to pay the full amount of the price of the nights booked within a maximum of two days (but more quickly if the booking is made with less notice). Once this payment has been received, the booking becomes firm and this contract is concluded. By making this payment, the customer confirms that he/she is in full agreement with these general terms and conditions. Please note that if payment is not received within the specified period, the reservation will not be confirmed and, consequently, the owner reserves the right to reclaim the accommodation requested. Once the booking is confirmed, the Internet user will receive a booking confirmation by e-mail or post, reminding him/her of the content of the booking and the services requested, and the price of these. Consumption and additional services not mentioned in this contract must be paid by the customer to the owner, at the latest at the end of the stay.

Article 14 - Information concerning the payment of the reservation

Internet users can place orders on this site and pay by credit card at the time of booking or before arriving at the accommodation. Once at the accommodation, the following methods of payment are accepted: cheque or cash. Credit card payments via the site are made using secure transactions provided by an online payment platform provider. This site does not have access to any data relating to the user's means of payment. Payment is made directly to the bank or payment service provider receiving the customer's payment.

Article 15 - Booking cancellation conditions

Cancellation by the customer: Any cancellation must be notified to the owner as soon as possible by e-mail, post, fax or telephone. In accordance with article L.221-28 of the French Consumer Code, the reservation of accommodation services is excluded from the right of withdrawal for contracts concluded at a distance. The legal 14-day cooling-off period (article L.221-18 of the French Consumer Code) therefore does not apply. The owner of the accommodation does, however, offer refund facilities in the event of cancellation or no-show, in accordance with the following terms and conditions:

  • For any stay cancelled as soon as the reservation is made, we will retain the equivalent of 20 % of the stay.
  • Between 30 and 15 days before the stay, 50 % of the amount will be retained.
  • Between 15 and 7 days before the stay, 75 % of the amount will be retained.
  • For any stay cancelled within 7 days before the date of arrival, interrupted or not consumed for any reason whatsoever, the total amount of the stay booked will be due or will be retained by the Domaine Pont-Roche and SPA.

In the event of a shortened stay, the price corresponding to the cost of the accommodation will be retained in full by the owner. Any additional services not used will be refunded. Cancellation by the owner of the accommodation: If the owner wishes to cancel the reservation before the start of the stay, the customer will be informed as soon as possible by e-mail, post, fax or telephone. Without prejudice to any claims for damages, the customer will be immediately reimbursed for all sums paid at the time of booking or subsequently and relating to this booking (any deposits, advances, etc.).

Article 16 - Conditions of stay, rules of life and respect for the premises

Arrival and departure times are posted on the site and must be respected by the customer. The customer must arrive on the day indicated on the booking confirmation. In the event of late or delayed arrival, the customer must inform the owner. Use of the accommodation: The customer must respect the peaceful nature of the premises (accommodation and environment) and use them in accordance with their intended purpose. They undertake to return the accommodation in good condition. Capacity: The accommodation offered on the site is for a specific or maximum number of people. If the number of guests exceeds the number given in the description of the accommodation or in the order confirmation, the owner is entitled to refuse additional guests or to request payment of an additional sum. This refusal can in no way be considered as a modification or a breach of contract on the owner's initiative, so that in the event of the departure of more guests than those refused, no reimbursement can be considered. Pets: Unless otherwise specified in the descriptions of the accommodation offered, pets are not accepted in the accommodation, and the stay of these pets will be refused by the owner. If the owner refuses to accept certain pets in the accommodation, this refusal may under no circumstances be considered as a modification or breach of contract at the owner's initiative, so that in the event of the customer leaving, no refund may be considered.

Article 17 - Archiving

Frederic Dansert will archive the order forms and invoices on a reliable and durable support constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 18 - Framework for conditions

If any provision of the Terms and Conditions is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms describe the entire agreement between the User and the Website. They supersede all prior or contemporaneous written or oral agreements. The general conditions are not assignable, transferable or sub-licensable by the user himself.

A printed version of the Terms and Conditions and of any notices given in electronic form may be requested in any legal or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions shall be in the French language.

Article 19 - Notifications

Any notification or notice regarding these terms and conditions, legal notices or the personal data charter must be in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognized courier service that allows regular tracking of packages, or by email to the addresses indicated in the legal notices of the site, specifying your full name, contact information and the subject of the notice.

Article 20 - Complaints

Any claim relating to the use of the website, the service, or any other linked service, the site's pages on any social networks or the general terms and conditions, legal notice or personal data charter must be filed within 365 days of the day on which the problem giving rise to the claim arose, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be inapplicable in court.

Article 21 - Misstatements

It is possible that, to a limited extent, the website and the services offered may contain inaccuracies or errors, or information that does not comply with the general terms and conditions, the legal notices or the personal data charter. In addition, it is possible that unauthorised modifications may be made by third parties on the site or on related services (social networks, etc.). We do our utmost to ensure that such discrepancies are corrected. In the event that such a situation should elude us, please contact us by post or by e-mail at the addresses indicated in the site's legal notices with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For requests relating to copyright, please refer to the section on intellectual property.

All rights reserved - 03 September 2018