General Terms & Conditions of Sale
Au Presbytère de Saigneville SAS, www.aupresbytere.eu, 2019,
valable pour des séjours à partir de juillet 2019
ONLY FRENCH VERSION IS FULLY LIABLE (See PDF file or latest potential update on the French version of this website) - the version below is an automated translation done by convenience
Article 1: Scope and pre-contractual information
1.1 These general terms and conditions of sale are intended for the use of the reservation of stays in guest rooms (hereinafter referred to as "Rooms"). They constitute the reservation contract between the operator (hereinafter the "Renter"), Au Presbytère de Saigneville SAS, validly represented by the managers Vanessa HUM and Joël WILMOT, and the clients (hereinafter the "Client") of a stay in a guest room.
No special condition may, without the lessor's formal and written acceptance, prevail over these General Terms and Conditions, so that all contrary conditions imposed by the Client shall, in the absence of the lessor's express acceptance, be unenforceable against the latter.
The Renter reserves the right to modify these General Conditions at any time, it being understood that the modifications will only be applicable to reservations made after the said modifications.
1.2. These General Conditions are communicated to any Client who so requests and are in any case available on the Renter's website: www.aupresbytere.eu
They are also communicated at the time of the Room Booking Confirmation to the e-mail address indicated by the Client.
Any reservation of a Room and in particular any payment for the reservation implies the unconditional acceptance of these General Conditions.
Consequently, the Client expressly acknowledges having been informed, prior to the reservation of the Rooms and the conclusion of the contract, in a readable and understandable manner, of these General Terms and Conditions and of all the information listed in Article L. 121-17 of the Consumer Code, and in particular the following information:
- the essential characteristics of the services and in particular the Rooms proposed by the Renter;
- the price of the services and rentals of the Rooms, as well as the accepted means of payment;
- information relating to the identity, activity and contact details of the Renter;
- information relating to the absence of a right of withdrawal.
1.3. These General Terms and Conditions are written in the French language in their original version, which alone is authoritative, taking precedence over any other version translated into a foreign language which is made available only for convenience.
Article 2 - Identity and contact details of the Renter
The room rental services described in these General Terms and Conditions are provided by the Renter, whose information and contact details are given below:
Identity: At the Presbytery of Saigneville SAS, registered under the number 851 154 575 in the Trade and Companies Register of Amiens validly represented by Vanessa Hum and Joël Wilmot.
3 rue de la Falise, 80230 SAIGNEVILLE
Article 3 - Description of services - guest rooms
3.1. The rental services, the Rooms as well as all the ancillary and/or additional services that may be offered by the Renter are described in detail as to their specific features and qualities on the Renter's website.
Although the Renter makes every effort to ensure that the photographs on its website are accurate and up-to-date reproductions of its Rooms and Services, variations may occur due in particular to the technical and colour resolution characteristics of the photographs.
Similarly, for reasons of internal organisation and in order to ensure the comfort of the Rooms and the renewal of furniture and equipment, the Renter may have to replace certain furniture and/or equipment shown in the photographs on the website.
The Client may not therefore claim any compensation, nor question in any way the reservation made due to the inadequacies and delays in updating certain photographs on its website.
In any case, the Client has the possibility to contact the Renter for any further question and/or clarification on the details of the services and Rooms offered by contacting him at the address provided on the Renter's website.
Similarly, a specific estimate may be drawn up by the Renter taking into account the specificities of the requests and needs expressed by the Client.
3.2. The Client is expressly informed that the Rooms offered by the Renter are designed for a specific and determined number of people.
Consequently, the Renter may at any time, without incurring liability in any way and for any reason whatsoever, refuse the entry and presence of additional persons in the Rooms initially rented.
The Client expressly acknowledges and accepts that the Room rental services offered by the Renter are for a limited and fixed period of time, so that he may not claim, in any capacity and at any time, a right to remain in the premises.
Article 4 - Formation of the contract - Booking conditions
4.1. Booking confirmation
It is expressly reminded that the Client may take note of the precise description of the rental services and Rooms offered by the Renter, through the latter's website and/or by contacting the Renter according to the details referred to in Article 2 above.
Whatever the method of contact, the Renter sends the Client, at his postal address or e-mail address as indicated by the Client, a booking confirmation (hereinafter the "Booking Confirmation") containing details of the Reserved Room(s), prices and payment terms, including the deposit referred to in article 4.2 below, as well as these General Conditions.
4.2. Payment of a deposit
4.2.1. Unless otherwise agreed by the Renter, the conclusion of the rental contract is expressly subject to the prior payment of a deposit of one hundred percent (100%) of the total amount of the booking made, all taxes included (including VAT).
The Client is informed of the obligation to pay this deposit and the terms of payment in accordance with article 5.2 below, at the time of the Booking Confirmation referred to in article 4.1 above.
It is expressly agreed that the payment of the aforementioned percentage constitutes a "deposit", thus excluding the qualification of "deposit" in accordance with the provisions of Article L. 131-1 of the Consumer Code.
Consequently, the payment of this deposit by the Client and its collection by the Lessor is firmly and definitively binding on the Parties to the rental contract, subject to the provisions of Articles 4.5 and 4.6 below.
Any deposit paid by the Client is collected upon receipt by the Renter to firmly and definitively validate the reservation of the Room(s) and deducted from the invoice for the total amount of the stay.
It is expressly reminded that the payment of a deposit by the Client implies the unconditional acceptance of these General Terms and Conditions.
4.2.2. Notwithstanding the above stipulations, for reasons of internal organisation of his establishment and for stays of less than 2 nights, the Renter reserves the right to require from the Client a full cash payment prior to any firm and definitive reservation of Rooms.
In this case, the Client will be expressly informed at the time of the Booking Confirmation sent by the Renter.
4.3. Booking and online payment
4.3.1. The Client can make a room reservation directly from the Renter's website. In this case, the following steps must be followed:
- Dial the website address and follow the instructions of the website.
- Fill in, according to the instructions provided online, the reservation form made available to him/her, where he/she must include the information necessary for his/her identification, in particular his/her surnames, first names, postal address and e-mail address.
- Check the elements of the reservation and, if necessary, identify and correct any errors and omissions.
- Validate the reservation, the total price including all taxes (including VAT) and the payment of the deposit according to the conditions referred to in article 4.2 above.
- Follow the instructions of the online payment server to pay the all-inclusive price (including tax) or the deposit requested in accordance with Article 4.2.
The Customer then receives electronically and without delay a Booking Confirmation mentioning the acceptance of the payment and the validation of the booking made.
4.3.2. The Customer who has chosen to make his reservation from the website will definitively validate his reservation, in view of a summary displayed on the screen, by clicking on the tab "confirmation of reservation with payment obligation" to express his commitment, his knowledge and his acceptance of these General Conditions and the reservation made.
At the end of the booking process, it is recommended that the Client download, save or print these General Conditions.
4.4. No right of withdrawal
In accordance with Article L. 121-21-8, 12° of the Consumer Code and notwithstanding the modification and cancellation procedures referred to in Articles 4.5 and 4.6 below, the Client is expressly informed that he does not benefit from the legal right of withdrawal provided for in Article L. 121-21 of the Consumer Code.
4.5. Modification / Cancellation by the Client
4.5.1. Unless otherwise agreed by the Renter, Room reservations made as well as arrival dates may not be modified by the Client, as from their firm and definitive validation and in particular the receipt of the deposit referred to in Article 4.2 above.
In any event, the Client undertakes to notify the Renter of any late arrival in relation to the agreed date and time and in any event after 6 pm in accordance with Article 6.1 below.
In the absence of information and if the Client does not appear before the mandatory arrival times referred to in article 6.1 below, unless otherwise agreed by the Renter, the reservation will be deemed cancelled by the Client and the Renter may freely dispose of his Rooms.
4.5.2. Except in cases of force majeure, in the event of cancellation of the reservation by the Client:
- nine (9) days or more before the start of the stay: the Renter undertakes to reimburse the Client half (50%) of the deposit paid;
- less than eight (8) calendar days before the start of the stay: the Renter (i) keeps the entire deposit paid and (ii) reserves the right to request the total amount, all taxes included (TTC), of all nights booked, with the exception of additional services not consumed.
4.5.3. Similarly, in the event of the Client's non-attendance, without any information or warning from the Renter, as well as in the event of a shortened stay, the Renter retains the full amount of the deposit paid and reserves the right to request the total amount, including all taxes (including VAT), of all nights booked, with the exception of additional services that are not consumed.
4.5.4. In any event, the Client undertakes to inform the Renter of any modification and/or cancellation by any written means (letter or e-mail).
4.6. Modification / Cancellation by the Renter
4.6.1. In view of the management constraints specific to the reservation of Rooms and for reasons of security and/or temporary rehabilitation of the Rooms, the Renter reserves the right to change the Room initially reserved to a Room of the same capacity and standard or of higher capacity and standard.
In this case and unless otherwise agreed by the Renter, the Client may not request any reduction in the price of the booking made.
4.6.2. Except in cases of force majeure, in the event of cancellation of the reservation by the Renter and in the absence of an amicable solution agreed upon to relocate the Client, the Renter shall reimburse the Client in full for the deposit paid;
4.6.3. In any event, the Renter undertakes to inform the Client of any modification and/or cancellation by any written means (letter, e-mail).
Article 5 - Prices and payment terms
The prices of the rental of the Rooms and any ancillary or additional services are indicated by the Renter on his website and/or in any brochures, documents and Internet platforms provided and/or accessible to the Client, as well as in the Booking Confirmation sent in accordance with Article 4.1 above.
Unless otherwise indicated, these prices are inclusive of all taxes (including VAT) and take into account the VAT rate applicable on the day of booking, with the exception of the tourist tax.
The Renter reserves the right to change its prices at any time, it being understood that the price changes will only be applicable to bookings made after the said changes.
5.2. Methods of payment
On the day of departure, the Renter shall issue an invoice corresponding to the total amount, including all taxes (including VAT), of the booked stay, less the deposit previously paid in accordance with Article 4.2 above.
Any balance of the invoice must be paid by the Client on the day of departure. The additional services consumed by the Client during his stay will also be invoiced and paid for at the end of his stay.
The payment methods available to the Customer are: credit cards or cash (on site).
The Customer communicates his bank details as a guarantee of the reservation except for special conditions or rates, by credit or private credit card (Visa, Mastercard,... according to the possibilities offered by the Renter'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 validity date (it is specified that the bank card used must be valid at the time the service is used) and the visual cryptogram. In the event of a no show (reservation not cancelled - customer not present) of a reservation guaranteed by credit card, the Renter will charge the Customer, as a fixed compensation, the amount indicated in these general conditions (see article 4.5).
The Renter has chosen elloha.com/stripe.com to secure online credit card payments. 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, ceiling reached, error of entry... In case of problem, the customer will have to contact his bank on the one hand, the establishment on the other hand to confirm his reservation and his payment method.
Article 6 - Obligations of the Renter
6.1. Subject to the regular completion of the booking formalities by the Client and in particular the payment of the deposit referred to in Article 4.2 above, the Renter undertakes to make the Booked Room(s) available to the Client according to the agreed dates and duration of the stay.
In this context, unless otherwise agreed by the Renter, the Client is expressly informed of the mandatory arrival and departure times below:
- Arrival times: 4 pm, it being specified that the Client must inform the Renter in the event of arrival after 6 pm;
- Departure times: no later than 11 am.
6.2. Subject to the provisions of article 4.6.1. above, the Renter undertakes to guarantee to the Client the peaceful enjoyment of the rented room and the availability of its equipment and furniture.
Article 7 - Obligations of the Client
7.1. Use of rooms and places
7.1.1. The Client is required to use and enjoy peacefully as a "good family man" the rented Room(s), as well as their furniture and equipment.
It is strictly forbidden to smoke or vaporize in the Rooms as well as in the common areas of the Renter's establishment.
More generally, in order to ensure the quietude and peaceful enjoyment of the premises by all the Renter's clients, each Client undertakes to respect a reasonable and adequate standard of living, as well as any instructions that may be communicated by the Renter and that are not included in these General Conditions.
7.1.2. In accordance with article 1731 of the Civil Code, the Client is presumed to have received the rented room, its furniture and equipment in good condition of use and conservation and is required to return them to the Renter in the same condition.
Consequently, the Client is liable and obliged to compensate the Renter for any damage and/or loss occurring during the stay, making the Rented Room unfit for its destination and any new rental, unless such damage and/or loss occurred without his fault.
The Client is required to send to the Renter any complaints relating to the conformity and/or condition of the reserved Rooms within three (3) calendar days from the date of entry into the premises.
In any event, the Client is required to inform the Renter as soon as possible of any incident, deterioration and/or damage that may occur due to his fault or not, from the time of entry into the premises and throughout the duration of the stay.
Unless a special derogation agreement has to be agreed before finalising any reservation, pets are not accepted in the Renter's establishment.
In the event of non-compliance with this instruction, the Renter may cancel the stay booked by the Client, without the latter being able to claim any right to a refund or any compensation whatsoever.
However, guide dogs for blind or partially sighted people are accepted by the Renter, unless otherwise specified at the time of booking.
7.3. Liability towards minors
The Client is expressly informed and alerted of the fact that minors present and working in the Renter's establishment are placed under the sole and entire responsibility of their parents and/or any person having authority over them.
7.4. Personal property
The Client's personal property is placed under the sole and entire responsibility of the latter, who is responsible for taking all precautionary and safety measures necessary for its conservation and/or any damage it may cause.
Subject to the relevant legal provisions, the Renter shall not be liable for any loss, theft, injury and/or damage to property and/or persons in the Renter's premises, regardless of the cause and time.
Article 8 - Force majeure
8.1. In accordance with Article 1148 of the Civil Code and the definition adopted by the case law of French courts and tribunals, force majeure means any event outside the control of the Parties and of an unpredictable and irresistible and/or inevitable nature.
Consequently, it is expressly agreed that in the event of default by one of the Parties to any of the obligations provided for and/or arising from these General Terms and Conditions as a result of an event of force majeure within the meaning of this article, the defaulting Party shall not be liable to the other Party.
8.2. More particularly, the Client is expressly informed that the Renter may be prevented, against his will, from complying with all or part of his obligations under these General Conditions and/or arising from these General Conditions due to an event of force majeure, such as, in particular, but not limited to: death or serious illness, bad weather, earthquakes, fires, storms, floods, water damage and any climatic event making it impossible to receive and/or accommodate clients in normal and legal safety conditions.
In such cases, it is expressly agreed that the Renter may not be held liable for any reason whatsoever, nor be liable to pay any compensation to the Client for the total or partial non-performance of its obligations.
Article 9 - Personal data
Information and data concerning the Client are collected and collected by the Renter only for the purpose of processing Room bookings.
This information and data may be collected and recorded in a customer file belonging to the Renter.
In accordance with the "Loi Informatique et Libertés" of 6 January 1978, the Client has the right to access, withdraw and rectify his personal data with the Renter by contacting the latter according to the details referred to in Article 2.
Similarly, the Client is expressly informed of the fact that during the Chambers' booking process, he may subsequently accept or refuse to receive commercial and/or promotional offers from the Renter.
Article 10 - Applicable law and dispute resolution
These General Terms and Conditions and any contractual relationship arising therefrom between the Parties shall be governed exclusively by French law, with the exception of any other foreign legislation and/or regulations.
For any dispute relating to the validity, interpretation, execution, non-execution, interruption and/or termination of these General Terms and Conditions and any obligations arising therefrom, the jurisdiction of the Courts shall be determined in accordance with the rules of procedure and applicable international regulations and conventions.