Reservation of accommodation or “tourism” sites by individuals
CAMPING LE FORT ESPAGNOL
Route du Fort Espagnol-56950 Crac’h
02 97 55 14 88 – firstname.lastname@example.org
ORDER or RESERVATION or RENTAL Purchase of Services.
SERVICES : Seasonal rental of accommodation or bare pitch “tourism”.
ACCOMMODATION Tent, caravan, mobile home and light leisure accommodation, studio and gîte
ARTICLE 1 – SCOPE OF APPLICATION
The present General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation or bare pitches on the campsite CAMPING LE FORT ESPAGNOLto non-professional clients (“the Clients” or “the Client”), on its Internet site www.fort-espagnol.com or by telephone, post or electronic mail (emails), or in a place where the Service Provider markets the Services. They do not apply to location rentals intended to accommodate leisure mobile homes (mobile homes) which are the subject of a “leisure” contract.
The main characteristics of the Services are presented on the website www.fort-espagnol.com or on a written medium – paper or electronic – in the event of a reservation by a means other than a remote order.
The Customer is required to take cognizance of it before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions of the Service Provider, and in particular those applicable to other channels of marketing of the Services.
These General Conditions of Sale are accessible at any time on the website and will prevail, where applicable, over any other version or any other contractual document. The version applicable to the Customer is the one in force on the website or communicated by the Service Provider on the date the Order is placed by the Customer.
Unless proven otherwise, the data recorded in the IT system of the Service Provider constitutes proof of all the transactions concluded with the Customer.
Under the conditions defined by the Data Protection Act and the European data protection regulations, the Customer has, at any time, a right of access, rectification, and opposition if the processing is not essential for the execution of the order and the stay as well as their consequences, to all of his personal data by writing, by mail and justifying his identity, to:
CAMPING LE FORT ESPAGNOL
Route du Fort Espagnol-56950 Crac’h
The Customer declares to have read these General Conditions of Sale and to have accepted them either by checking the box provided for this purpose before implementing the online Ordering procedure, as well as the general conditions of use of the website. www.fort-espagnol.com, or, in the event of a reservation outside the Internet, by any other appropriate means.
ARTICLE 2 – RESERVATIONS
The Customer selects on the site or provides information on any document sent by the Service Provider the services he wishes to order, as follows:
- Selection of stay;
- Choice of options;
- Confirmation of the order.
It is the Customer’s responsibility to verify the accuracy of the Order and to immediately report any errors to the Service Provider. The Order will only be considered final after sending the Customer confirmation of the acceptance of the Order by the Service Provider, by email or post, or by signing the contract in the event of a reservation directly at the premises where the Provider markets the Services.
All orders placed on the website www.fort-espagnol.com constitutes the formation of a contract between the Client and the Service Provider.
All Orders are nominative and cannot, under any circumstances, be transferred.
ARTICLE 3 – PRICES
The Services offered by the Provider are provided at the rates in force on the website www.fort-espagnol.com, or on any information medium from the Service Provider, when placing the order by the Customer. The prices are expressed in Euros, HT and TTC.
The rates take into account any discounts that may be granted by the Provider on the website www.fort-espagnol.com or on any information or communication medium.
These rates are firm and non-revisable during their period of validity, as indicated on the website www.fort-espagnol.com , in the email or in the written proposal sent to the Client. Beyond this period of validity, the offer is null and void and the Service Provider is no longer bound by the prices.
They do not include processing and management fees, which are charged in addition, under the conditions indicated on the website www.fort-espagnol.com or in the information (mail, e-mail, etc.) communicated to the Customer beforehand, and calculated before the Order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer at the latest at the time of payment of the balance of the price.
3.1. TOURIST TAX
The tourist tax, collected on behalf of the municipality / community of municipalities, is not included in the rates. Its amount is determined per person and per day and is variable depending on the destinations. It is to be paid when paying for the Service and appears separately on the invoice.
ARTICLE 4 – TERMS OF PAYMENT
Amounts paid in advance are down payments. They constitute a charge on the total price owed by the Customer.
A deposit corresponding to 25% of the total price of the supply of the Services ordered is required when placing the order by the Customer. It must be paid upon receipt of the final rental contract and attached to the copy to be returned. It will be deducted from the total amount of the order.
It will not be reimbursed by the Service Provider in the event of cancellation of the stay by the Customer less than 90 days before the scheduled date of arrival (except in cases provided for in article 6.4 of these general conditions).
The balance of the stay must be paid in full 30 days before the date of arrival (under penalty of cancellation of this rental).
Payments made by the Customer will only be considered final after actual receipt of the sums due by the Service Provider.
In the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadline, or after the payment date appearing on the invoice addressed to the latter, late penalties calculated at the weekly rate of 10% of the amount including tax of the price of the provision of the Services will be acquired automatically and automatically from the Service Provider, without any formalities or prior formal notice.
The delay in payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Service Provider would be entitled to bring, in this respect, against the Customer. .
4.3. NON-COMPLIANCE WITH PAYMENT TERMS
In addition, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Customer and / or to suspend the performance of its obligations. after formal notice remained ineffective.
ARTICLE 5 – PROVISION OF SERVICES
5.1. PROVISION AND USE OF SERVICES
The accommodation and the site relating to it may be occupied from 4 p.m. on the day of arrival and must be vacated by 10 a.m. on the day of departure.
The balance of the stay must be paid in full:
- 30 days before the date of arrival (under penalty of cancellation of this rental);
Bare pitches may be occupied from 2 p.m. on the day of arrival and must be vacated by 12 noon (noon) on the day of departure.
The balance of the stay must be paid in full:
- On arrival concerning the bare pitches (intended for motorhomes, caravans or tents).
Accommodation and pitches are provided for a determined number of occupants for hire and may in no case be occupied by a greater number of people. In addition, it is strictly forbidden to add other accommodation, whatever its nature, on said sites already provided with accommodation installed by the Service Provider.
Accommodation and pitches will be left in the same state of cleanliness as on delivery. Otherwise, the tenant will have to pay a lump sum for cleaning as specified on the Service Provider’s website. Any degradation of the accommodation or its accessories will give rise to immediate repairs at the expense of the tenant. The inventory at the end of the rental must be exactly the same as that at the start of the rental.
5.2. SECURITY DEPOSIT
For accommodation rentals, a security deposit of € 200 is required from the Customer on the day the keys are handed over and returned to him on the day of the end of the rental, subject to possible deduction of repair costs.
This deposit does not constitute a limit of liability.
ARTICLE 6 – DELAY, INTERRUPTION OR CANCELLATION OF STAY BY THE CUSTOMER
No reduction will be granted in the event of a delayed arrival, an early departure or a change in the number of people (whether for all or part of the planned stay).
In the event of a change in the dates or the number of people, the Service Provider will endeavor to accept as much as possible requests for change of date within the limit of availability, without prejudice to any additional costs; it is in all cases a simple obligation of means, the Service Provider cannot guarantee the availability of a pitch or accommodation, or of another date; a price supplement may be requested in these cases.
Any request to reduce the length of stay will be considered by the Service Provider. as a partial cancellation, the consequences of which are governed by article 6.3.
A premature departure cannot give rise to any reimbursement from the Service Provider.
If cancellation insurance has been validly taken out and validly exercised, the terms of cancellation and reimbursement must be carried out in accordance with the general conditions of the insurer.
Please note that cancellation insurance can only be taken out when making the initial reservation request and that the customer agrees to take note of the insurance conditions offered when making his initial reservation.
If no cancellation insurance has been validly taken out or validly exercised, the termination indemnities will be calculated as follows:
- Cancellation before 90 th day preceding the expected date of arrival: the cancellation will be made free of charge and the full refund of the sums paid will be made by the Service Provider;
- Cancellation of 90 th day to 31 th day preceding the expected date of arrival: 25% of the total amount of the stay will be kept by the Service Provider (corresponding to the amount of the security deposit);
- Cancellation from 30 th day to 16 th day preceding the expected date of arrival: 50% of the total amount of the stay will be retained by the Service Provider;
- Cancellation from 15 th day on the scheduled arrival date: 100% of the total amount of the stay will be retained by the Service Provider.
In all cases of cancellation other than cancellation before 90 th day before the scheduled arrival date, the processing and management costs (article 3) will remain with the Service Provider.
6.4. CANCELLATION IN CASE OF PANDEMIC
6.4.1. As an exception to the article 6.3 CANCELLATION, in the event of total or partial closure of the establishment during the dates of the reserved stay (which is assimilated to a measure of total or partial ban on reception of the public, insofar as the Customer is directly concerned by the application of this measure) decided by the public authorities, and which is not attributable to the Service Provider, the sums paid in advance by the Customer for the reservation of the stay that cannot be made will be reimbursed. in accordance with the legal or regulatory provisions governing said closure or its consequences.
However, the Service Provider cannot be held liable for additional compensation beyond this reimbursement of the sums already paid for the reservation of the stay.
6.4.2. Any cancellation of the stay duly justified by the fact that the Customer would be affected by COVID 19 (infection) or other infection considered to be a pandemic, or would be identified as a contact case, and that this situation would call into question his participation in the stay on the scheduled dates will be done without termination indemnity or reimbursement from the Service Provider. It is the customer’s responsibility to take out cancellation insurance in accordance with article 6.3 CANCELLATION.
6.4.3. In the event that the Customer is forced to cancel the stay in full due to government measures not allowing participants to move (general or local confinement, travel ban, border closures), even though the campsite is able to fulfill its obligation and welcome Customers, the Service Provider will not be required to make any specific reimbursement. Please refer to the article 6.3 CANCELLATION .
6.4.4 – If the Customer takes out specific insurance covering the risks listed in article 6.4.2 or in article 6.4.3, the customer must take all steps with the insurer.
ARTICLE 7 – CLIENT’S OBLIGATIONS
7.1. CIVIL LIABILITY INSURANCE
The Customer lodged on a site or in an accommodation must be insured for civil liability. An insurance certificate may be requested from the Customer before the start of the service.
Pets are accepted, under the responsibility of their owners, with the exception of new pets (NAC) and dangerous animals, in particular category 1 and 2 dogs (L.211-11 and L.211-12 of rural code).
They are accepted through the packages available from the Service Provider and payable locally.
7.3. INTERNAL REGULATIONS
Rules of procedure are posted at the entrance of the establishment and at the reception. The Customer is required to take cognizance of it and to respect it. It is available on request.
ARTICLE 8 – SERVICE PROVIDER’S OBLIGATIONS – GUARANTEE
The Service Provider guarantees the Customer, in accordance with legal provisions and without additional payment, against any lack of conformity or hidden defect, resulting from a defect in the design or performance of the Services ordered.
In order to assert his rights, the Customer must inform the Service Provider, in writing with acknowledgment of receipt, of the existence of defects or lack of conformity within a maximum period of 24 hours from the provision of the Services.
The Service Provider will reimburse or rectify or have rectified (as far as possible) the services deemed to be defective as soon as possible and at the latest within 2 days following the finding by the Service Provider of the defect or vice. Reimbursement will be made by credit to the Customer’s bank account or by check sent to the Customer.
The Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer. The Service Provider cannot be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
The Services provided through the website www.fort-espagnol.com website comply with the regulations in force in France.
ARTICLE 9 – RIGHT OF WITHDRAWAL
Activities related to the organization and the sale of stays or excursions on a specific date or period specified are not subject to the withdrawal period applicable to the distance selling and off-premises, in accordance with the provisions of article L221-28 of the Consumer Code.
ARTICLE 10 – PROTECTION OF PERSONAL DATA
The Service Provider, who drafts these presents, implements the processing of personal data which has as a legal basis:
- Or the legitimate interest pursued by the Service Provider when it pursues the following purposes:
– the management of the relationship with its customers and prospects,
– the organization, registration and invitation to events of the Service Provider,
– processing, execution, prospecting, production, management, monitoring of customer requests and files,
– drafting of acts on behalf of its clients.
- Or compliance with legal and regulatory obligations when implementing processing for the purpose of:
– prevention of money laundering and terrorist financing and the fight against corruption,
The Service Provider only keeps the data for the time necessary for the operations for which they were collected and in compliance with the regulations in force.
In this regard, customer data is kept for the duration of the contractual relationship plus 3 years for the purposes of animation and prospecting, without prejudice to retention obligations or limitation periods.
With regard to the prevention of money laundering and the financing of terrorism, the data are kept for 5 years after the end of the relationship with the Service Provider. In terms of accounting, they are kept for 10 years from the end of the accounting year.
Prospects data are kept for a period of 3 years if no participation or registration in the events of the Service Provider has taken place.
The data processed are intended for authorized persons of the Service Provider.
Under the conditions defined by the Data Protection Act and the European data protection regulations, individuals have the right to access data concerning them, rectification, interrogation, limitation, portability, ‘erasure.
The persons concerned by the processing implemented also have the right to oppose at any time, for reasons relating to their particular situation, to the processing of personal data having as a legal basis the legitimate interest of the Service Provider. , as well as a right of opposition to commercial prospecting.
They also have the right to define general and specific directives defining the way in which they intend to exercise, after their death, the rights mentioned above.
- by e-mail to the following address email@example.com
- or by post to the following address CAMPING LE FORT ESPAGNOL Route du Fort Espagnol-56950 Crac’h
The persons concerned have the right to lodge a complaint with the CNIL.
ARTICLE 11 – INTELLECTUAL PROPERTY
The content of the website www.fort-espagnol.com is the property of the Provider and its partners and is protected by French and international laws relating to intellectual property.
Any reproduction, distribution, total or partial use of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
In addition, the Service Provider remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) with a view to providing the Services to the Customer. The Customer therefore refrains from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, prior written authorization of the Service Provider who may make it conditional on financial compensation.
The same applies to names, logos or more broadly any graphic or text representation belonging to the Service Provider or used and distributed by him.
ARTICLE 12 – APPLICABLE LAW – LANGUAGE
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 13 – DISPUTES
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been be resolved between the Service Provider and the Customer will be submitted to the competent courts under the conditions of common law.
The Client is informed that he may in any event have recourse, in the event of a dispute, to a conventional mediation procedure or any other alternative mode of dispute settlement.
In accordance with the provisions of the Consumer Code concerning “the mediation process for consumer disputes”, the customer has the right to have recourse free of charge to the mediation service for consumer disputes offered by CAMPING LE FORT ESPAGNOL :
The “consumer law” mediator thus proposed is CM2C (currently being validated by the CECMC).
This mediation system can be reached electronically: https://cm2c.net or by post: CM2C – 14 rue Saint Jean 75017 PARIS.
ARTICLE 14 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having had communication, prior to placing his Order, in a readable and understandable manner, of these General Conditions of Sale and of all the information and information referred to in Articles L 111-1 to L111-7 of the Code of consumption, in addition to the information required in application of the decree of 22 October 2008 relating to the prior information of the consumer on the characteristics of rental accommodation in outdoor hotels and in particular:
- the essential characteristics of the Services, taking into account the communication medium used and the Services concerned;
- the price of the Services and ancillary costs;
- information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if it is not apparent from the context;
- information relating to legal and contractual guarantees and their implementation methods; the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the terms of termination and other important contractual conditions.
The fact for a natural (or legal) person to order on the website www.fort-espagnol.com entails full and complete adhesion and acceptance of these General Terms and Conditions of Sale, which is expressly recognized by the Customer, who in particular waives the right to rely on any contradictory document, which would be unenforceable against the Service Provider.