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General terms and conditions of sale

1. Subject These terms and conditions define the rights and obligations of the parties in connection with the remote reservation of services offered by the establishment Le Clos Poulain on its Site and its Mobile Services. They govern all steps necessary for the reservation and monitoring of the reservation between the parties. Any reservation therefore implies on the part of the client full and unreserved adherence to these conditions. All clients acknowledge that they have the capacity to contract, i.e. that they are of legal majority and are not under guardianship or trusteeship. The names "Le Clos Poulain" and "site" refer throughout this text to the site named and corresponding to the domain name available for consultation at 2. Scope of application These general terms and conditions of sale apply to all bookings made over the Internet, via the Website or the Mobile Services and its partners. 3. Opposability of the general terms and conditions In any event, the version of the general terms and conditions of sale that is binding on the customer is the one in force at the time of his reservation on the Website or the Mobile Services or with its partners. 4. Booking Reservations can be made on the website, by telephone, e-mail or post. The reservation will be effective only if the latter is guaranteed by the client, either by communicating a credit card number with validity date or by payment of a deposit, and after receipt of a detailed booking confirmation. Payment for all services will be made directly to the establishment (exceptions made for prepaid reservations at the time of booking). The establishment reserves the right to refuse any reservation in the event of an incorrect credit card number or incomplete reservation. Reservations regardless of origin will be payable in Euros only. The establishment accepts the following credit cards: Visa, Mastercard, and has a secure booking system (SSL) which protects and encrypts all sensitive data transmitted with the booking to prevent disclosure to third parties. Upon registration of the reservation, authorization to charge the credit card will be made. This will be done for information purposes, and will in no case be a debit to the account except in the following cases: - Non-cancellable - non-refundable" promotional offer. - If the validity date of the credit card is prior to the date of arrival. If the date of arrival is more than 60 days from the date of reservation. The client is solely responsible for his choice of services and their adequacy to his needs, so that the responsibility of the establishment cannot be sought in this regard. 5. Payment The client must come to the establishment with the credit card that enabled him/her to guarantee the reservation or to make the prepayment. The establishment may also ask the guest to show proof of identity in order to prevent credit card fraud. Payment is debited from the hotel during the stay or before arrival, except in the case of special conditions or rates where payment is debited at the time of booking (online prepayment on certain rates). This prepayment is called a deposit. In the case of a rate that is not prepaid online, the establishment may ask the customer, upon arrival, for a deposit or authorization to debit the credit card, in order to guarantee payment of the sums corresponding to the services consumed on site. There are two possible methods of payment of the deposit: - either by cheque payable to the establishment and sent directly to the establishment - either by credit card -either by bank transfer to the account of the institution whose details will be provided. In this case, the reservation will only become firm and definitive on receipt of the deposit by the establishment, within the time limit. Payment of the balance of the stay will be made on site at the establishment or before arrival. 6. Right of retraction The customer is reminded, in accordance with Article L. 121-21-8 12° of the Consumer Code, that he does not have the right of withdrawal provided for in Article L. 121-21 of the Consumer Code. The Terms and Conditions of Sale of the reserved fare specify the terms and conditions for cancelling and/or modifying the reservation. 7. Modification of the stay Any change of reservation will have to be the subject of a request by email to the establishment or by telephone. The request will only become effective once the establishment has confirmed its acceptance in writing. In the event of a change of stay, the following conditions apply (except in cases of force majeure): - In case of no-show on the scheduled arrival date, your credit card will be debited for the total amount of the reservation. - Any stay started is entirely due. 8. Cancellation of stay Any cancellation of a reservation must be requested by email to the establishment or by telephone. The request will only become effective once the establishment has confirmed its acceptance in writing. In case of cancellation of stay, the following conditions apply (except in case of force majeure): - For any request made less than 7 days before the scheduled arrival date, the total amount of the stay will be charged. - In case of no-show on the scheduled arrival date, your credit card will be charged the total amount of the reservation. - Any stay started is fully due. 9. Force majeure Force majeure is understood to mean any event outside the parties that is unforeseeable, insurmountable and external to the parties that prevents either the customer or the establishment from fulfilling all or part of the obligations provided for in the contract. Are considered as cases of force majeure or fortuitous events those usually recognized by the jurisprudence of the French Courts and Tribunals. Each party shall not be held liable to the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party shall bear the costs arising therefrom. 10. Prices Prices are indicated in Euros. VAT is always included. The prices indicated only include the services strictly mentioned in the reservation. The additional services provided by the establishment during the stay and, if necessary, the tourist tax will be added to the price mentioned in the reservation. The applicable prices are those in force on the day of the booking. The establishments, independent professionals, are free to vary their prices at any time. Only the price indicated in the booking confirmation is contractual. 11. Complaints, disputes Any complaint must be made to the establishment within 7 days of the date of stay. Failing recourse to the conventional mediation procedure or to any alternative dispute resolution method within 30 days, either party may refer the matter to the competent judicial court. 12. Responsibilities It is the responsibility of the Establishment to take all guarantees and insurance necessary to welcome the public in its Establishment and to carry out its activity. The responsibility of the Establishment is limited in the event of theft of goods or objects when they have been entrusted to its custody only. The client must ensure the safekeeping of his goods and materials. The customer must inform the establishment of any damage caused by him/her. He is responsible for all damage caused by his intermediary and undertakes, in the event of damage to the premises made available (bedroom, common areas such as garden, lounge, sanitary facilities) to bear the costs of restoration. Also any behaviour contrary to morality and public order will lead the establishment to ask the customer to leave the establishment without any compensation and or without any refund if a payment has already been made. If no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment. The customer undertakes not to invite any person whose behaviour is likely to be prejudicial to the establishment, the latter reserving the right to intervene if necessary. The customer will not be able to bring from outside neither drinks nor food without prior authorization of the management. The customer undertakes to ensure that the participants and their guests respect all the instructions and regulations of the establishment (in particular the ban on smoking). The customer will ensure that the participants do not disturb the operation of the establishment or jeopardize the safety of the establishment and the people in it. Unless expressly provided otherwise, the guest must leave the room no later than 10:00 a.m. on the day of the end of the reservation. Failure to do so will result in an additional night's stay being charged. Pets are not allowed in the establishment Le Clos Poulain. The establishment Le Clos Poulain offers free WIFI access allowing guests to connect to the internet. The customer agrees that the computer resources made available by the establishment will not be used in any way for purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the permission of the holders of rights provided in Books I and II of the Intellectual Property Code when such permission is required. If the customer does not comply with the aforementioned obligations, he or she may be charged with the offence of counterfeiting (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years imprisonment. In addition, the customer is required to comply with the security policy of the establishment's Internet service provider, including the rules for using the security means implemented in order to prevent the illicit use of computer resources and to refrain from any act that would undermine the effectiveness of these means. The photographs presented on the Site and the Mobile Services of the establishment or those of the partners are for information purposes only. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate a picture as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture or possible renovations. The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to a third party, unforeseeable and insurmountable, on the part of the customer, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of prepayment not authorised by the bearer's bank.  13. Dislocation In the event of an exceptional event or the impossibility of making the reserved room available to the client or in the event of force majeure, the establishment reserves the possibility of having the client stay totally or partially in an establishment of an equivalent category, for services of the same nature and subject to the prior agreement of the client. Any additional cost of the room, transport between the two establishments and a telephone call remain the responsibility of the establishment.  14. Mediation The decree of October 30, 2015 relating to the mediation of consumer disputes, which transposes into French law Directive 2013/11/EU of May 21, 2013 relating to the out-of-court settlement of consumer disputes, and Order No. 2015-1033 of August 20, 2015 relating to the out-of-court settlement of consumer disputes, specify the conditions of application of Article L152-1 of the French Consumer Code, which requires professionals in all consumer sectors to offer a mediation procedure in the event of a dispute with their customers. According to the law, the outcome of the mediation must be reached within 90 days. We invite you to formulate your requests exclusively by e-mail, which will provide a date of your correspondence and to keep a personal archive of it. Internal mediation For all disputes that have not been resolved, we invite you to contact the Internal Mediation service, which undertakes to provide you with a satisfactory response within 30 days. In the event of dissatisfaction, you will be informed of the possibility of recourse to an external mediator of your choice. External Mediation You will find all official information about mediation on the government website: We invite you to visit the Medicys website: If you are a member of FEVAD or want to consult or join: The DGCCRF website: You can also consult the appeals of the European Commission: We bring to your attention the existence of the European authority, which is called upon to issue binding decisions on disputes concerning cross-border processing activities, thus ensuring uniform application of EU rules and avoiding different responses to the same case in different jurisdictions:  15. Applicable law The present conditions of sale are subject to French and European law.