Please read articles 9 and 11 of the present General Conditions of Sale relating to the flexibility of reservations and the responsibility of everyone towards Covid-19.
The terms "La Cazarelle" or "Establishment" or "we" refer to the owners of the guest house La Cazarelle, located impasse des Rainettes in Saint-Jean-de-Cuculles (34270).
The terms "Site" or "Website" refer to the website available at https://lacazarelle.fr.
The terms "Client" or "you" refer to the Client who has made the reservation as well as all persons present at La Cazarelle for the stay that they have booked.
The term "GTC" refers to these General Terms and Conditions of Sale.
2. Object and scope of application
These general terms and conditions define the rights and obligations of the parties within the framework of the remote reservation, the follow-up of this reservation, the use of the services offered by the Establishment, and within the framework of the Client's stay.
The Client acknowledges that he/she has the capacity to contract, i.e. that he/she is of legal majority and is not under guardianship or trusteeship.
The present general terms and conditions of sale apply to all reservations made via the Internet, via the Website or its partners or directly with the Establishment by any means whatsoever.
3. Opposability of the general terms and conditions
Any reservation implies on the part of the Customer the full and unreserved acceptance of these GCS, both for himself and for those accompanying him during his stay.
In any event, the version of the GCS that is binding on the Customer is the one in force at the time of his/her reservation, on the Site, with its partners or directly with the Establishment.
The Customer undertakes to respect and ensure that all participants in the holiday comply with all the instructions and regulations of the Establishment (in particular the smoking ban), the latter reserving the right to intervene if necessary.
Reservations can be made on the Site https://lacazarelle.fr, on the Institution's partner websites, or by email directly with the Institution.
The Customer is solely responsible for his choice of services and their adequacy to his needs, so that the Establishment's liability cannot be sought in this respect.
The Establishment may not be held liable for the non-execution or poor execution of the reservation in the event of force majeure, due to a third party, unforeseeable and insurmountable, caused by the Customer, in particular the unavailability of the Internet network, impossibility of access to the Site, external intrusion, computer viruses or in the event of unauthorised payment by the bearer's bank.
5. Right of retraction
The Customer is reminded, in accordance with Article L. 121-21-8 12° of the French Consumer Code, that he does not have the right of withdrawal provided for in Article L. 121-21 of the French Consumer Code. The GCS specify the terms and conditions for cancelling and/or modifying the reservation.
6. Methods of payment
Customer will pay 30% deposit at reservation and the balance 3 days before the beginning of the stay and the handing over of the keys.
If the reservation is made on the Site, payment will be made by credit card or bank transfer.
If the reservation is made on the websites of the Establishment's partners, the payment will be made by credit card.
If the reservation is made by e-mail directly to the Establishment, payment will be made by bank transfer.
Cheques are not accepted.
Payment for all services will be made in euros only.
The reservation will only become firm and definitive on receipt of the deposit by the Establishment, within the time limit specified, on receipt of the identity papers of all travellers during the stay, and only after the reservation has been accepted by the Establishment by e-mail.
Prices are indicated in Euros. VAT is always included.
The applicable prices are those in force on the day of booking. The Establishment is free to vary its prices at any time. Only the price indicated in the booking confirmation is binding.
It is reminded that the tourist tax is in addition to the price of the room stricto sensu.
The price indicated only includes the services strictly mentioned in the reservation.
Additional services (in particular drinks or snacks) provided by the Establishment during the stay will be added to the price mentioned in the reservation.
In the event that the tourist tax is omitted from the price of the reservation, the Customer shall bear in addition the tourist tax of €0.80 per night and per adult.
Any request to change a reservation must be made in writing and is subject to the written agreement of the Establishment.
9. Cancellation of the reservation or stay
Any cancellation of a reservation or stay must be made in writing to the Establishment.
Exceptionally, by derogation during the Covid-19 pandemic:
- The Establishment will fully reimburse the stay cancelled due to a new confinement or a traffic restriction decided by the Government. The same will apply if one of the owners of The Establishment was suffering from Covid-19 before the arrival of the Customer.
- If the Customer cancels his or her stay before arrival because he or she or one of his or her companions, whose identity document was provided at the time of booking, have contracted Covid-19, the stay will be refunded on the basis of a medical certificate expressly mentioning the Covid-19 condition.
Outside these cases:
If the Customer cancels his stay before 30 days before the date of arrival, the deposit paid at the time of booking will remain acquired by the Establishment without being able to give place to refunding.
If the Customer cancels his stay less than 30 days before the date scheduled for arrival, or if he shortens his stay, he will remain liable to pay the full price of the stay initially planned, without being able to claim any reimbursement of the sums paid.
In the event of non-arrival on the scheduled arrival date: unless otherwise agreed by the parties, the reserved room will be vacated the next day at 12:01 am and no refund of the stay will be made to the Client. In this case, the Establishment will be released from any obligation towards the Client.
In all cases, we invite you to take out cancellation insurance with the service provider of your choice.
10. Interruption of the stay
Any stay started is entirely due.
The Institution is not responsible for the availability, coverage and quality of the networks of fixed and mobile telephone and Internet operators.
The Customer must ensure the safekeeping of its goods and equipment. The Establishment is not liable in the event of theft, loss or damage to goods or objects belonging to the Customer, whether they are in the common areas or left in the room to which the key has been given to the Customer. The Client is obliged to lock the door of his room/gîte on leaving.
The Client must inform the Establishment of any damage caused by him/her. He is responsible for all damage caused by his intermediary and his companions and undertakes, in the event of damage to the premises or to the effects and objects made available (room or common areas) to bear the costs of repair. It is reminded that La Cazarelle is equipped with a natural spreading and that it is strictly forbidden to throw in the toilet anything other than toilet paper (no food, paper handkerchiefs, paper towels, wipes, hygienic protections). If you wish to open the mosquito nets, they must be handled with care.
A stay at La Cazarelle is devoted to calm and rest. For everyone's peace and quiet, the Client will take care to limit noise and preserve the silence of the premises, day and night, including the car park.
The client undertakes to respect the private areas of the owners.
The Customer undertakes to respect all of the Establishment's instructions (in particular the smoking ban). He/she will ensure that he/she and his/her companions do not disrupt the operation of the Establishment or jeopardise the safety of the Establishment and the people on it.
In this respect, smoking or the use of a barbecue or any device likely to create a fire hazard is strictly prohibited.
A fire extinguisher is present in each room and the Client is obliged to identify the place where it is stored upon arrival.
Any behaviour contrary to these GTC, to good morals, to public order, or considered as endangering the life of others or the integrity of the buildings will lead the Establishment to ask the Client to leave the Establishment without any indemnity or reimbursement of the sums paid.
In order to protect you and others, we at La Cazarelle will respect the strict barrier measures.
We also invite you to bring masks, the use of which is everyone's responsibility.
During your stay at any time in case of symptoms (see list below) we may be led to offer you a temperature reading by means of a forehead thermometer without contact, which you accept. If you refuse to take your temperature, your stay will be immediately interrupted for all the occupants of the room, with no refund of any sum whatsoever.
Reminder of Covid-19 symptoms: fever, dry cough, fatigue, aches and pains, sore throat, diarrhea, conjunctivitis, headache, loss of smell or taste, skin rash, discoloration of fingers or toes.
Severe symptoms: difficulty breathing or shortness of breath, tightness or pain in the chest, loss of speech or motor skills.
If you contract the Covid-19 during your stay, you undertake to leave the premises if your state of health allows it without reimbursement of the possible stay, or to remain confined to your room for the rest of your stay with the person(s) accompanying you.
In the event of suspicion of Covid-19 it will be imperative to consult a health professional immediately and to apply the governmental instructions.
It is reminded in particular that voluntarily hiding one or more symptoms of Covid-19, in particular by refusing to take the temperature proposed during a pandemic, could constitute the offence of endangering the life of another person criminally punishable under Article 223-1 of the Penal Code.
12. Identity documents
Each traveller's identity document must be scanned and sent by email within 24 hours of booking. Failing this, the reservation will not be accepted by the Establishment.
Access to the Establishment will be strictly forbidden to any person, major or minor, whose identity document has not been communicated to the Establishment at the time of booking.
13. Arrival and departure
For the year 2020: Arrivals are between 5:00 and 7:00 p.m. Your room must be vacated on the day of the end of your stay at the latest at 10am; otherwise you will be charged an extra night.
Upon departure, the Client agrees to return the key to his room. If the key is not returned, he will bear the cost of changing the lock.
For security reasons, the Establishment does not accept children under the age of 12, as La Cazarelle is not suitable for them (presence of low walls and unsafe slopes, fish pond, swimming pool without a closed fence to prevent access to the youngest).
15. Smoking ban
La Cazarelle is non-smoking. Smoking inside the house is strictly forbidden, as well as within the property due to the high risk of fire. Any offender will be asked to leave La Cazarelle immediately, without being able to claim any reimbursement for the stay.
16. Swimming pool and garden
Use of the Facility's swimming pool is not a service provided with the accommodation.
However, if we grant you access to it, it will only be for private use and until 7pm at the latest, within the framework of a reasonable and respectful use. Running and heckling around the swimming pool is prohibited. Do not be noisy and observe proper dress.
Swimming will take place room by room, in turn, to respect physical distance in times of pandemic. Please take a shower before bathing and if necessary rinse your feet. A shower is at your disposal by the pool. Perspiration, sunscreen, dirt and stones are not welcome in the water. Please use your personal towel to lie down on the armchairs and deckchairs.
Picnics around the pool and in the garden are not allowed.
The use of the garden is reserved to the owner after 7pm.
Failure to comply with these measures may result in immediate exclusion.
Animals are not accepted. Access to La Cazarelle will be refused to any person who presents himself with an animal and the stay will be considered as cancelled or interrupted by him without refund of the sums paid.
During your stay you will not be allowed to receive any visitors or guests, either inside your room or within the property.
Breakfast is served between 7am and 10am at a time to be determined together the day before according to your needs and our constraints, in particular to guarantee the physical distance between travellers in the different rooms.
20. Telephony and Internet
The Institution is not responsible for the availability, coverage or quality of the networks of fixed and mobile telephone and Internet operators. The Customer is informed that at La Cazarelle the quality of the Orange operator's network is poor in telephony and mobile Internet.
The Establishment offers free WIFI access enabling Customers to connect to the Internet. The Customer undertakes to ensure that the computer resources made available to him/her by the Establishment shall in no way be used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code when such authorisation is required. If the Customer does not comply with the aforementioned obligations, he may be charged with a counterfeiting offence (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years imprisonment. The Customer is furthermore required to comply with the security policy of the Establishment's Internet service provider, including the rules governing the use of the security means implemented in order to prevent the illicit use of computer resources and to refrain from any act undermining the effectiveness of these means.
The photographs presented on the Site of the Establishment have a merely indicative value. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Establishment presented give as accurate an overview as possible of the accommodation services offered, variations may occur, in particular due to changes in furniture or possible renovations.
The Establishment may not be held liable 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 Site, external intrusion, computer viruses or in the event of unauthorised payment by the bearer's bank.
21. Claims, disputes
All complaints must be made to the Establishment within 7 days of the end of the stay.
Recourse to a conventional mediation process or any alternative dispute resolution method must be made within a maximum period of 30 days. Neither of the parties will be able to refer the matter to the competent judicial court if they have not previously initiated an amicable settlement of disputes within the time limit, under penalty of foreclosure.
The decree of 30 October 2015 relating to the mediation of consumer disputes, which transposes into French law the directive 2013/11/EU of 21 May 2013 relating to the out-of-court settlement of consumer disputes, and the order no. 2015-1033 of 20 August 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 obliges 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 take place 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.
You will find all official information concerning mediation on the government website: http://www.economie.gouv.fr/mediation-conso.
We invite you to visit the Medicys website: https://www.mieist.bercy.gouv.fr. If you are a member of FEVAD or wish to consult or join: http://www.mediateurfevad.fr. The DGCCRF website is: https://www.economie.gouv.fr/dgccrf.
22. Applicable law
The French jurisdiction will be the only one competent to hear a dispute between the parties to the contract. The present general conditions of sale are subject to French law, the only law applicable to their disputes, whatever the nationality of the Customer.