General rental terms and conditions
UNUSUAL ACCOMMODATIONS
Article 1: Terms: "Customer" - "Seller/Service Provider"
The "Customer" or "Customers" refers to any person who clearly provides their details when booking accommodation either on the Seller/Service Provider's website, by email, or by telephone. Only Customers of legal age may make, confirm, and pay for a booking.
The "Seller/ServiceProvider" refers to the company "S.A.S DECARIS PATRICIA," which offers short-term furnished rentals of unique accommodations and a traditional room.
Article 2: Purpose and scope
These General Terms and Conditions of Sale ("GTC") constitute, in accordance with Article L. 441-1 of the French Commercial Code, the sole basis for the commercial relationship between the parties. Their purpose is to define the conditions under which S.A.S DECARIS PATRICIA, owner of the accommodation, provides services to Customers who request them via the Seller/Service Provider's website or by email.
They apply automatically, without restriction or reservation, to all accommodation rental services agreed between the Seller/Service Provider and the Customer. In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to any Customer who requests them from the Seller/Service Provider in order to enable them to book one or more accommodation rental services.
Any service implies, on the part of the Customer, acceptance of these General Terms and Conditions of Sale and the general terms and conditions of use of the Seller/Service Provider's website. The information appearing on all media (flyers, brochures, and price lists) of the Seller/Service Provider is provided for informational purposes only and is subject to change at any time. The Seller/Service Provider is entitled to make any changes it deems necessary.
Article 3: Identification of the Seller/Service Provider
- Company name:DECARIS PATRICIA
- Legal form: S .A.S. (simplified joint stock company)
- Share capital: 1,000.00 Euros
- Headquarters: 46B rue de la commanderie 41200 VILLEFRANCHE SUR CHER
- SIRET: 942 318 825 R.C.S. Blois
- Intra-community VAT number: FR30942318825
- Email: aupresdemonarbre-sologne@gmail.com
- Phone: 612-73-82-21-76
Article 4: Services
Presentation
Information relating to the characteristics of the services is provided in the commercial documents or on the Seller/Service Provider's website, without this presentation constituting a contractual commitment. The Seller/Service Provider reserves the right to modify the information or technical characteristics of its services at any time.
Availability
The Seller/Service Provider's offers are valid subject to the availability of services. If the service requested by the Customer is unavailable, the Seller/Service Provider will inform the Customer as soon as possible and offer alternative dates.
Article 5: Booking conditions
Validation
A reservation is considered final after:
- Written confirmation (by email or text message) from the Customer;
- Express agreement of the Seller;
- Receipt of payment of either the 50% deposit or the full amount
A 50% deposit is required from the Customer at the time of booking, which will only be effective upon receipt of payment. The balance will be paid upon arrival. Any deposit payment validates the booking and constitutes acceptance of these terms and conditions.Ifthe Customer cancels their booking 24 hours before arrival, the deposit will be forfeited.
The Customer may, if they wish, pay the full amount at the time of booking, which will only be effective upon receipt of payment. A welcome gift will be offered to them on arrival by the Seller/Service Provider. Any payment validating the booking constitutes acceptance of these terms and conditions.Ifthe Customer cancels their booking 24 hours before arrival, half of the payment will be retained.
A security deposit is required on the day of arrival at the time of the inventory check. It will be returned on the day of departure after the inventory check, unless damage or deterioration is found.
Reservation requests can be made by any means agreed between the Seller/Service Provider and the Customer (contact form available on the website, email, text message, telephone).
The Customer will receive confirmation of the reservation by email. This confirmation will include the dates, terms and conditions of the reservation, price, and payment information. It will be archived by the Seller and will be considered proof of the Customer's confirmation of the reservation.
Any changes to accommodation rental reservations must be requested by the Customer in writing 15 days before the date requested by the Customer. The Seller/Service Provider reserves the right to accept or refuse such changes.
The reservation is exclusively validated and dedicated to the Customer named in the reservation confirmation. The Customer is strictly prohibited from subletting or making the accommodation available to a third party (or several third parties), unless the Seller/Service Provider has been informed and has given its prior written consent, which will be the subject of an amendment to the reservation confirmation. If, however, this prohibition is not respected, it will immediately result in the cancellation of the reservation at the Customer's expense, and no refund may be claimed by the Customer from the Seller/Service Provider.
Accommodation capacity
The number of guests is agreed upon at the time of booking between the Customer and the Seller/Service Provider. If, upon arrival, the number of guests exceeds the capacity confirmed in the booking confirmation, the Seller/Service Provider may refuse the additional guests. If such a case arises, it will immediately result in the cancellation of the reservation at the Customer's expense, and no refund may be requested by the Customer from the Seller/Service Provider.
Arrival times / Departure times
The Customer must comply with and arrive at the date and times indicated in the booking confirmation. In the event of a change in schedule (before or after), the Customer must inform the Seller/Owner, who reserves the right to give their consent or not.
Article 6: Prices and payment terms
Prices are quoted in euros, including all taxes.
The tourist tax is included in the price; it is a mandatory local tax for the Customer. The Seller/Owner must pay the tourist tax to the relevant intermunicipal tax collection service.
The Seller/Service Provider reserves the right to modify its rates at any time. However, the price applied will be the one in effect at the time of booking confirmation.
Payment shall be made by bank transfer, credit card, or cash. If payment (deposit or full amount) is not made by the Customer and received by the Seller/Service Provider on the agreed date, the reservation shall be deemed canceled, and therefore no refund may be requested by the Customer.
Article 7: No right of withdrawal
For reservations made remotely, the Customer does not benefit from the withdrawal period, in accordance with Article L221-28 of the Consumer Code relating in particular to accommodation services provided on a date agreed between the Customer and the Seller/Service Provider.
Article 8: Force majeure
Neither the Seller/Service Provider nor the Customer shall be held liable for any breach of their obligations resulting from a force majeure event (natural disaster, strike, lockout, pandemic, government action, etc.) that makes it impossible to perform the contract. In such cases, the performance deadlines shall be extended by a period equivalent to the duration of the event.
Article 9: Confidentiality
The Customer and the Seller/Service Provider undertake to maintain the confidentiality of all information, documents, and know-how exchanged in connection with the performance hereof, throughout the term of the contract and after its expiration.
Article 10: Use of the Site
The Website provides, in particular, information to help Customers choose between unusual accommodation and/or a traditional room. If fraudulent use of this website contravenes these general terms and conditions of sale, the Seller/Service Provider reserves the right to take legal action against the fraudster, who will then be liable for the legal costs.
Article 11: Personal Data
Personal data collected from Customers is processed electronically by the Seller/Service Provider. It is stored in its Customer database and is essential for processing orders. This personal information and data is also stored for security purposes, in order to comply with legal and regulatory obligations. It will be stored for as long as necessary to fulfill orders.
The data controller is the Seller/Service Provider. Where applicable, access to personal data will be strictly limited to employees of the data controller who are authorized to process such data due to their duties. The information collected may be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Customer's authorization being required.
Except in the cases set out above, the Seller/Service Provider shall refrain from selling, renting, transferring, or giving access to the data to third parties without the Customer's prior consent, unless compelled to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Customer will be informed and safeguards will be put in place to secure the data (e.g., for the United States, in accordance with the European Commission's adequacy decision of July 10, 2023, finding that the United States provides a level of protection equivalent to that of the EU, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified to them.
In accordance with applicable regulations, the Customer has the right to access, rectify, erase, and transfer data concerning him/her, as well as the right to object to the processing of such data on legitimate grounds. These rights may be exercised by contacting the data controller at the following email address: decarispat@gmail.com. In the event of a complaint, the Customer may submit a complaint to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés).
Article 12: Disputes and applicable law
In accordance with Article 1530 of the Code of Civil Procedure, in the event of difficulties arising from the performance, interpretation, or termination of their contract, the Parties undertake, prior to any legal action, to submit their dispute to a competent Consumer Mediation Center in accordance with the provisions of that center's rules. In accordance with the provisions of Article 122 of the Code of Civil Procedure, during the mediation procedure, the Parties shall refrain from taking legal action against each other, failing which they shall be liable to a dismissal.
During the mediation process, the statute of limitations is suspended, so that after thirty (30) days, the mediation attempt will be deemed to have been completed. Furthermore, pursuant to Article 1531 of the Code of Civil Procedure, the Mediator is subject to a duty of confidentiality.
The costs and fees of this Mediator shall be shared equally between the Parties.
These Terms and Conditions and the transactions arising therefrom are governed exclusively by French law.
They are written in French in accordance with Law 94-664 of August 4, 1994. In the event that they are translated into one or more languages in one or more parts of the website, only the French text shall be deemed authentic in the event of a dispute. The fact that, where applicable, the usual exchanges between the Seller/Service Provider and the Customer take place wholly or partly in a language other than French shall in no way be considered as a waiver of the application of these general terms and conditions of sale or any of their provisions.
Article 13: Acceptance by the Customer
These Terms and Conditions are expressly agreed to and accepted by the Customer, who declares and acknowledges that they are fully aware of them, and therefore waives the right to invoke any contradictory document.
