GENERAL CONDITIONS OF SALE as of 20/12/2021
1. Purpose
These general conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by our establishment, the contact details of which are specified in this reservation confirmation document. They govern all the steps necessary for the reservation and the follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general conditions of sale and the conditions of sale of the reserved rate accessible on our reservation platform. These general conditions of sale apply to all reservations made online, via our reservation platform.
Article 1 Duration of stay :
the tenant of this contract concluded for a fixed period may under no circumstances claim any right to remain in the premises at the end of the stay.
Article 2 Conclusion of contract:
ORDER WITH PAYMENT OBLIGATION
the reservation becomes effective when the tenant has sent the owner a deposit of 50% of the total rental amount and a copy of the contract signed and completed in full, before the date indicated. A second copy is to be kept by the tenant. Upon receipt of the contract by the owner if the contract contains false information the owner reserves the right to immediately cancel the contract, in this case the owner will immediately inform the tenant and return the deposit to the tenant 15 clear days after receipt (if deposit paid).
The rental can only be granted to adults(18 years old), the owner reserves the right to check the civil status of the tenant before or after the signing of the rental contract and this until the end of the rental (surname, first name, date of birth, address,) and, possibly by request by mail or email before the signing of the contract or visual production on site of the parts of use
The rental concluded between the parties to this deed can in no case benefit even partially to third parties, natural or legal persons, except with the written agreement of the owner.
Any breach of this clause would be likely to result in the immediate termination of the rental at the fault of the tenant, the product of the rental remaining definitively acquired by the owner.
Article 3 Cancellation by the tenant :
any cancellation must be notified by registered letter with acknowledgment of receipt. or email
a) cancellation between 0 and 15 days of arrival in the premises: the deposit will remain with the owner.
If the cancellation occurs between 30 and 15 days before the scheduled date of entry into the premises, 50% of the amountreceived from the total reservation will be returned within 1 month after notification of the termination by registered letter with AR. or email
b) If the tenant does not appear within 24 hours following the date of his arrival on the contract, this contract becomes void and the owner can dispose of his accommodation. The deposit will remain with the owner.
c) If the stay is shortened, the price of the rental remains with the owner, there will be no refund
Article 4 Cancellation by the owner:
the owner pays the tenant twice the amount of the deposit collected.
Article 5 Arrival:
the tenant must present himself on the specified day and at the time mentioned in this contract. He must call the day before his arrival JOELLE BARANDON Tel. 06 63 82 37 01 or Caroline on 06 90 48 40 00 or by email: caroline.belenus@outlook.fr / joellebarandon@me.com to confirm these times. In case of late or deferred arrival, he must notify them as soon as possible.One or the other will welcome the tenant on his arrival at the Residence. COCONUT ISLANDS
Article 6 Payment of the balance :
the balance, it will be made by debiting the bank card registered 15 days before the date of rental , exceptionally by derogation from the regulations and agreement of the lessor in the first instance, and reciprocal agreement of the parties in a second time, at the entrance in the premises in cash or by check, or credit card payable to Mr or Mrs BARANDON
Article 7 State of play:
an inventory is drawn up and signed by the tenant and the owner or his representative on arrival and departure.
Article 8 Security deposit or surety:
upon arrival of the tenant, a security deposit of 300 euros is requested by the owner. After the contradictory establishment of the state
exit places, this deposit will be returned to the tenant, after deducting the cost of repairing the premises if damage is observed.
In the event of early departure (prior to the day and time mentioned on the rental contract) preventing the inventory of fixtures on the day of departure of the tenant, the security deposit is returned by the owner or his representative within a period n not exceeding one week.
Article 9 Use of premises :
the tenant must ensure the peaceful nature of the rental and make use of it in accordance with the destination of the premises.
Article 10 Capacity:
If the number of tenants exceeds the accommodation capacity, the owner or his representative may refuse
additional persons or terminate the contract. "Ti Coco 2 adults and 2 children", "Coco à l'eau" 4 people, "Coco Fesse" 6 people, "Ti Bambou" 2 people.
Article 11 Household:
before leaving the premises, the cleaning must be carried out, the dishes done and put away and the sheets as well as the bathroom linen and the dirty tea towels gathered in each room for the inventory of fixtures in the event that the cleaning service is not provided. not imposed.
Article 12 Basic rates :
are "Coco Fesse" 1 Person, "Coco à l'eau" 1 Person, "Ti Coco" 1 Person, "Ti Bambou" 1 Person, any additional person will be charged 15€ per day and per person.
Article 13 The site and private places of the Coco d'Îles residence are equipped with a video surveillance camera located at the upper left corner of the terrace under the rainwater drainage channel of the "coco fesse" apartment. ", a reminder with a pictogram at the entrance to the residence indicates that this camera does not give rise to any recording or broadcasting, being simply instantaneous remote monitoring. The fact of entering the places indicated by the existence of a surveillance camera is worth prior authorization on your part and recognition.
Article 14: The lessor can in no way be held responsible for cancellation or non-presentation following climatic conditions (cyclone, flooding, natural disaster, health crisis as well as any other cause), cancellation of maritime transport by maritime companies serving the municipality of terre de bas , the customer must ensure the means of transport between Guadeloupe and terre de bas , any no-show will be the sole responsibility of the lessee, who must ensure the presence of the means of transport .
Article 15: The tenants must ask the agreement of the owner concerning the presence of animals.
Article 16: COVID 19 - In the event of total confinement officially decreed (decree) by the French state following a state of health emergency, concerning the location of the rental route de la plage 97136 terre de bas (Guadeloupe) orthe main place of residence of the tenant signing the contract the amount of the deposit or rental already received will be fully refunded to the tenant within a maximum period of one month.
Article 17: The lessor can in no way be held responsible in the following cases: force majeure
Internet: the minimum speed is in no way guaranteed by the owner, in the event of a significant need for speed, the lessee must check with the Orange Caraïbe supplier for the speed necessary for his obligations: tel: 05 90 38 29 95 n ° of the COCO D'ILES line
Article 18: Reservation
The customer chooses the services presented on our booking platform. He acknowledges having read the nature, destination and booking methods of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make his booking in full knowledge of the facts.The customer is solely responsible for his choice of services and their suitability for his needs, so that our liability cannot be sought in this regard. The reservation is deemed accepted by the customer at the end of the reservation process.
Booking process
Reservations made by the customer are made via the dematerialized reservation form accessible online on our reservation platform. The reservation is deemed to have been formed upon receipt of the reservation voucher and the effective and validated payment of 50% deposit. The customer agrees, prior to any reservation, to complete the information requested on the voucher or the reservation request. The customer certifies the veracity and accuracy of the information transmitted.After the final choice of the services to be reserved, the reservation procedure includes in particular the entry of the bank card in the event of a request for guarantee or prepayment, consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate. before the validation of the reservation and, finally, the validation of the reservation by the customer.
Acknowledgment of receipt of the reservation
Our reservation platform acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online booking, the acknowledgment of receipt of the reservation by e-mail summarizes the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the customer, the date of reservation made, as well as the address of the establishment, with which the customer can present his complaints.
Article 19: Cancellation or modification by the customer
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. consumption.
As a result, you do not have the right of withdrawal provided for in article L. 121-21 of the consumer code.
The conditions of sale article 3 and 4 specify the terms of cancellation and/or modification of the reservation. . All reservations are nominative and may under no circumstances be transferred to a third party, whether free of charge or against payment.
Consumption of the service
Pursuant to the regulations in force in certain countries, the client may be asked, on arrival, to complete a police form. To do this, the customer will be asked to present an identity document in order to check whether or not he must complete the police form.Any behavior 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 payment has already been made. For establishments with Internal Regulations, the customer accepts and undertakes to comply with said regulations. In the event of non-compliance by the customer with one of the provisions of the Internal Regulations, the establishment will be obliged to invite the customer to leave the establishment without any compensation and or without any refund if a regulation has already been been carried out.
Section 20: Liability
in the event of prepayment not authorized by the bearer's bank. Any reservation or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the latter.The customer must be insured against rental risks, theft, fire, water damage either by an extension of insurance covering his main residence or by any other special insurance for holidays. All objects or personal effects belonging to the tenant are his own responsibility. They are in no way covered by any insurance policy issued by the rental owner.
Article 21: Complaints
Complaints relating to the non-performance or poor performance of the reserved services must, under penalty of foreclosure, be brought to our attention in writing within eight days after the date of departure from the establishment.
Article 22: Price
The prices relating to the reservation of services are indicated before and during the reservation. The prices are confirmed to the customer, in the commercial currency of the establishment, and are only valid for the duration indicated on the booking platform.If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange costs are the responsibility of the customer. All reservations, whatever their origin, are payable in the local currency of the establishment, unless specific provisions are indicated on site. Unless otherwise stated, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.) if applicable, presented on the rates page, are to be paid directly on site with the establishment. Apart from the cleaning service which is paid in advance on booking with the deposit, any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the date of invoicing.
Article 23: Payment
The customer communicates his bank details as a guarantee of the reservation except conditions or special rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club... according to the possibilities offered by the reservation platform of the establishment. ) by indicating directly, in the area provided for this purpose (entry secured by SSL encryption), the card number, without spaces between the figures, as well as its validity date (it is specified that the bank card used must be valid at time of consumption of the service) and the visual cryptogram. The debit of the payment is made at the establishment on the date of reservation for 50% of the amount of the reservation as a deposit and the balance 15 days before the date of entry into the premises (handing over of the keys), except in the case of special conditions or rates where the partial or total debit of the payment is made when booking. This prepayment is called a deposit.In the event of a no show (reservation not canceled – customer not present) of a reservation guaranteed by credit card, the establishment will debit the customer, by way of fixed compensation, of the amount indicated in its general conditions and special conditions of sale. The establishment has chosen elloha.com/stripe.com to secure online payments by credit card. 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, input error... In the event of a problem, the customer must contact his bank on the one hand, the establishment on the other hand to confirm his reservation and his method of payment. In the case of a rate subject to online prepayment, the amount paid in advance, which is the deposit, is debited at the time of booking. the original file is certified and available online at the internet address provided by the institution.
Article 24: Respect for privacy
The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers by the presence of an asterisk. The information processed is intended for the establishments, elloha.com, its entities, its partners, its service providers (and in particular online payment service providers). The customer authorizes elloha.com to communicate his personal data to third parties on the condition that such communication proves to be compatible with the performance of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Protection Charter personal data. In particular when paying online, the customer's bank details must be transmitted by the payment provider stripe.com to the bank of the establishment, for the execution of the reservation contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate personal data protection within the meaning of the Data Protection Act.However, the customer agrees to this transfer necessary for the execution of his reservation. Constellation SAS / Stripe.com in their professional capacity, have undertaken vis-à-vis the establishment to take all security and data confidentiality measures for said data transfers.
Article 25: Agreement of proof
The entry of the required banking information, as well as the acceptance of these general conditions and the voucher or the reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records kept in the computer systems of elloha.com. will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that his IP address is registered at the time of booking.
Article 26: Force majeure
Force majeure means any event external to the parties that is both unpredictable and insurmountable and prevents either the client 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 event those usually recognized by the jurisprudence of the French Courts and Tribunals. Each party cannot 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 bears the cost of the resulting costs.
Article 27: Settlement of disputes
In the event of a dispute, you can contact the consumer mediator Consumer Dispute Mediation System
In accordance with articles of the consumer code L611-1 et seq. and R612-1 et seq., it is provided that for any dispute of a contractual nature relating to the execution of the sales contract and/or the provision of services which could not be resolved in the context of a complaint previously submitted to our customer service, the Consumer may have recourse to mediation free of charge. He will contact the National Association of Mediators (ANM) either by post by writing to 2 rue colmar 94300 VINCENNES Tel 0146812095 or by e-mail by completing the online referral form at the following address www.anm-conso.com .
Or Mediators to whom we report: https://www.barreau-guadeloupe.avocat.fr/fr/services-aux-particuliers/conciliation
These General Conditions of Sale are governed by the law of the country of establishment without obstructing the mandatory protective provisions that may be applicable in the country of residence of the consumers.
Article 28: Entirety
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the voucher or the reservation request express the entirety of the obligations of the parties. The order and expressly with obligation to purchase . No general or specific condition communicated by the customer can be incorporated into these general conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or the reservation request (including the special conditions of the reserved rate) and these general conditions. In the event of a contradiction between the booking form and the general conditions, the provisions appearing on the booking form will be the only ones applicable for the obligation in question. These general conditions of sale by internet may be modified and/or supplemented by the establishment at any time. In this case, the new version of the general conditions of sale by internet will be put online by the establishment.As soon as it is posted on the internet, the new version of the general conditions of sale by internet will automatically apply to all customers.
Article 29: lists of opposition to canvassing, right of access, right of opposition personal data
you have the right to register on the list of opposition to canvassing, in particular via the site www.bloctel.fr
Right of access, right of opposition Under the provisions of articles 38, 39 & 40 of the law of January 78, you have a right of access, rectification and opposition, to the collection and processing of your personal data. The right of access is exercised by simple mail with a copy of an identity document addressed to: COCO D'ILES route de la plage 97136 TERRE DE BAS
Article 30 : Acceptance of the general conditions:
The subscription to a contract governed by these general conditions, with the lessor who has signed this contract supposes the acceptance, by the customer lessee, of all of these general conditions. The Internet user acknowledges by the same fact having fully understood it and renouncing his own conditions. This acceptance will consist in the fact, for the client, to sign and write the words: "I acknowledge having read and accepted