ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of the reservation services for apartments in the Capriona Residence and related services (‘the Services’) offered by the Capriona Residence
(‘the Provider’ or the Capriona Residence) to consumers and non-professional customers (‘the Customers’ or ‘the Customer’) on the Capriona Residence website.
The customer is obliged to read them before booking. The choice and purchase of a Service is the sole responsibility of the Customer.
The Customer declares :
● Have the full legal capacity to commit to the present Terms and Conditions.
● Book apartments and ancillary services for personal use.
● Be able to save and print these General Terms and Conditions of Sale.
The contact details for La Résidence Capriona are as follows:
81 Résidence Capriona
20140 Porto Pollo
Tel : 07.84.40.38.62
The present General Terms and Conditions of Sale are accessible at all times on the Résidence Capriona website and will prevail, where applicable, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded in the service provider’s computer system constitutes proof of all transactions concluded with the Customer. Thus, the entry of bank details,
the acceptance of the General Terms and Conditions of Sale, the Tariff Terms and Conditions of Sale or the Reservation Request, has the same value between the Residence and the Customer as a handwritten signature on paper.
The computerized records kept in the computer systems of the Residence will be kept in reasonable conditions of security and considered as proof of communication,
order and payment between the Residence and the Customer.
Résidence Capriona will keep the written record of the conclusion of the contract in electronic or paper format for a maximum of 5 years.
The customer is informed that his IP address is recorded at the time of booking.
In accordance with the French Data Protection Act of January 6, 1978, the customer has the right to access, rectify,
and object to all his personal data at any time, by writing by post and providing proof of identity to : Résidence Capriona 81 Résidence Capriona 20140 Porto Pollo
These General Terms and Conditions of Sale also include the Privacy Policy.
The Customer declares that he/she has read these General Terms and Conditions of Sale (including the Personal Data Charter) and has accepted them by ticking the appropriate box before
implementing the online reservation procedure, as well as the General Terms and Conditions of Use of the Residence’s website.
Validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Customer acknowledges having the capacity required to contract and acquire the Services offered on the Residence Capriona website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website at the time of booking.
These General Terms and Conditions of Sale are applicable for the duration of the services offered by the Résidence Capriona on the Résidence website. The Residence reserves the right to temporarily or permanently close
access to its website.
ARTICLE 2 – Reservations
The customer selects the services he wishes to book on the website, as follows:
1. Select apartment type and rate
2. Selection of additional services if required
3. Check and validate booking details, total booking amount, fare conditions
4. Contact details
5. Enter your credit card details in the case of a guarantee or prepayment.
6. Consultation and acceptance of the general terms and conditions of sale and the terms and conditions of the selected fare prior to confirmation of the reservation.
7. Booking confirmation
8. Deposit
When booking on the website, you will be asked to pay 40% of the total cost of your booking, including options. Once the deposit has been paid online, the booking is confirmed and you will receive an email with the details
.
9. Security deposit
A security deposit will be required on arrival. This is a flat-rate deposit of €1,500 per apartment. On arrival, you will need a credit card, with which the
deposit will be made (without immediate debit). 24 hours after departure, the deposit will be cancelled, less any charges mentioned in the departure inventory.
10. arrival times
Arrivals are between 4pm and 10pm.
When you book on the website, we ask you for your approximate arrival time. If this changes, please contact us on +33 (0) 7 84 40 38 62 or e-mail us at contact@residence-capriona.com.
11.departure time
Departures are between 7am and 11am.
12.inventory of fixtures
An inventory of fixtures is carried out on arrival and departure. 24 hours after the inventory, it is considered final.
13.pets
Pets are not allowed in the residence.
14.children
Children of all ages are welcome. Children are the responsibility of accompanying adults. Minors must be accompanied by at least one adult per accommodation.
15.wifi connection
Your accommodation comes with a free wifi connection available throughout your stay.
Each apartment has its own wifi network: the name of the terminal and the security key for your wifi terminal are confidential.
16 Parking
The residence offers free parking for its tenants. Visitors and/or guests of residents are not permitted to use this parking lot. Each unit has its own parking space.
17.Options
The housekeeping package and other options are available on the site when you make your reservation.
If you have not selected any of these options at the time of booking, but would like to take advantage of them during your stay, please contact reception.
18 The Customer acknowledges having taken cognizance of the nature, destination and reservation terms of the Services offered by the Residence and having requested and obtained the necessary information to make
his reservation with full knowledge of the facts. The Customer is solely responsible for his/her choice of services and their suitability for his/her needs, and the Residence cannot be held liable in this respect.
19.the customer undertakes to complete the information requested on the booking form and attests to the truthfulness and accuracy of the information provided
The customer undertakes to enter the exact and definitive number of occupants of the apartment (adults and children combined). Should this rule not be respected, additional charges will be added according to the apartment rented,
the season and the number of extra guests.
Contractual information is presented in French and is confirmed at the latest when the reservation is validated by the customer.
It is therefore the customer’s responsibility to check the accuracy of the reservation and to immediately report any errors.
The sale of Services will only be considered definitive after the Service Provider has sent the Customer confirmation of acceptance of the reservation by e-mail and
has received payment in full.
Any reservation made on the Résidence Capriona website constitutes the formation of a contract concluded remotely between the Customer and the Service Provider.
Résidence Capriona reserves the right to cancel or refuse any reservation from a customer with whom there is a dispute relating to the payment of a previous reservation.
Each reservation is nominative and may under no circumstances be transferred to a third party.
Cancellation / Modification of a Non-Cancellable Non-Refundable reservation :
Cancellation policy
You have 48 hours from the validation of your reservation to send us your cancellation request.
Please send your request in writing to residencecapriona@gmx.com.
After this 48-hour period, the deposit is non-refundable.
If the Residence CAPRIONA is obliged to cancel your reservation, all deposits received will be refunded within 48 hours of cancellation.
In the event of cancellation or modification of the non-cancellable, non-refundable reservation by the Customer, for any reason whatsoever, a sum corresponding to 100% of the total prepaid amount will be automatically
acquired by the Service Provider and invoiced to the Customer. The same shall apply in the event of the Customer’s failure to arrive on the scheduled arrival date.
In the event of cancellation 7 days before the date of arrival, whatever the reason, the full amount of the stay is due.
ARTICLE 3 – Rates
The Services offered by the Provider are provided at the rates in force on the Residence Capriona website at the time the reservation is registered by the Provider. Prices are expressed in Euros, exclusive of tax and VAT.
Rates take into account any discounts that may be granted by the Service Provider under the conditions specified on the Residence’s website.
These rates are firm and non-revisable during their period of validity, as indicated on the Residence’s website, with the Service Provider reserving the right, outside this period of validity, to modify prices at any time.
Rates are quoted before and at the time of booking. They are per room for the number of people and the date selected.
Rates are confirmed to the customer as including VAT in the commercial currency of the residence. They include VAT at the rate applicable on the day of booking; any change in the applicable VAT rate
will automatically be reflected in the rates indicated on the billing date. The same applies to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
Visitor’s tax
The visitor’s tax is added to the total amount of your stay, at the rate in force by the Communauté de Commune de la Pieve de l’Ornano et du Taravo.
The Customer undertakes to pay these various taxes to Résidence Capriona without any dispute.
Unless otherwise stated on the Site, ancillary services (breakfast, etc.) are not included in the price.
An invoice for the amount of the stay on request is drawn up by the Service Provider and given to the Customer when the reserved Services are provided.
ARTICLE 4 – Terms of payment
At the time of booking, the customer provides his bank details, specifying the name of the credit card, the credit card number, the validity date (the credit card must be valid until the end date of the stay)
and the cryptogram.
Payment data is exchanged in encrypted mode
The customer must present the credit card used to pay for the reservation at the Residence. He/she may be asked to show proof of identity as part of procedures to prevent
credit card fraud.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not been paid in full in advance in accordance with the above conditions.
Payments made by the Customer will only be considered final once the amounts due have been received by the Service Provider.
On arrival, the Residence will ask the Customer to pay a security deposit or authorize the debiting of his/her bank card, in order to guarantee payment of the sums corresponding to the services consumed on site.
The customer will then communicate his bank details, specifying the name of the credit card, the credit card number, the validity date (the credit card must be valid until the end date of the stay)
and the cryptogram.
The Customer may be asked to show proof of identity as part of the procedures to prevent credit card fraud
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the price has not first been paid to the Service Provider in full in accordance with the above conditions
Payments made by the Customer shall only be considered final once the amounts due have been received by the Service Provider.
ARTICLE 5 – Supply of Services
The Residence is an entirely non-smoking area. The customer will be held responsible for any direct and/or indirect, consequential damage resulting from the act of smoking in the Hotel. He/she will therefore be liable for the full amount
of the cost of cleaning and restoring the damaged element or space to its original state.
Personal belongings left in the apartment or in public areas of the Residence are the sole responsibility of the Customer. The Résidence Capriona cannot be held
responsible for the loss, theft, deterioration or damage caused to said belongings.
The customer accepts and undertakes to use the apartment with good manners. Any behavior contrary to good morals and public order will lead Residence Capriona to ask the customer to leave the establishment without
any compensation and without any reimbursement if 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 will be held responsible for all direct and/or indirect, consequential damage caused by him/her in the apartment reserved or that he/she may cause within the Résidence Capriona. Consequently,
undertakes to compensate the establishment for the amount of the said damage, without prejudice to any damages and interest that may be due, procedural and legal costs incurred by the establishment.
WIFI access (with or without a charge) enabling customers to connect to the Internet may be offered in accordance with the Residence Capriona’s current policy. The customer undertakes to ensure that the computer resources made available to him
by the establishment will not be used in any way 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 authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code when
such authorization is required. Should the customer fail to comply with the above obligations, he or she risks being accused of counterfeiting (article L.335-3 of the French Intellectual Property Code), punishable by a
fine of 300,000 euros and three years’ imprisonment. The customer is also required to comply with the security policy of the Residence’s Internet service provider, including the rules for using the
security measures implemented to prevent the illicit use of IT resources, and to refrain from any action that might undermine the effectiveness of these measures.
Unless expressly agreed otherwise, the apartment will be made available to the Customer on the day of arrival from 4 p.m. and the Customer will leave the apartment on the day of departure by 11 a.m. at the latest. Failing this, the Customer will be billed for an additional night
. Customers must check their departure date. In the event of early departure, no refund will be made.
The Service Provider undertakes to use its best efforts to provide the Services booked by the Customer, on a best-efforts basis.
The Customer shall have a period of 8 days from the date of departure from the Hotel in which to express, in writing, any reservations or complaints concerning the provision of the Services, together with all supporting documentation,
to the Hotel.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.
In the absence of reservations or complaints expressly made within this time limit by the Customer upon receipt of the Services, the latter shall be deemed to be in conformity with the reservation, in terms of quantity and quality.
In the event of eviction :
ARTICLE 6 – Right of withdrawal
In accordance with article L 221-28 of the French Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the French Consumer Code, given the nature of the services provided.
The contract is therefore definitively concluded as soon as the reservation is made by the Customer in accordance with the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 7 – Service Provider’s liability – Warranty
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a failure to perform the Services reserved and
actually paid for under the terms and conditions defined in these General Terms and Conditions of Sale.
The Services provided via the Résidence website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation
of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for choosing the Services requested, to check.
ARTICLE 8 – Data protection
In application of the French law 78-17 of January 6, 1978, it is reminded that the personal data requested from the customer is necessary for the processing of the reservation and, in particular, for the preparation of invoices.
This data is processed and intended for Résidence Capriona and may be communicated to any of its partners responsible for the execution, processing, management and payment of reservations and the customer’s stay.
In addition, Residence Capriona may send its customers newsletters, promotional offers and satisfaction questionnaires by e-mail following their hotel stay.
The processing of information communicated via the Hotel’s website has been declared to the CNIL.
In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.
This right may be exercised under the terms and conditions defined on the Résidence Capriona website.
The personal data protection policy can be consulted in the Personal Data Protection Charter available on the Hotel’s website.
ARTICLE 9 – Consumer information on the possibility of objecting to telephone canvassing
Under the French Data Protection Act of January 6, 1978, everyone has the right to object to the use or transfer of their personal data. This enables
consumers to object to various forms of commercial canvassing by professionals using their data.
These provisions were reinforced by the HAMON law, which inserted into article L. 223-2 of the Consumer Code, the obligation for any professional collecting telephone data from a consumer
to inform the latter of his or her right to register on the opposition list against telephone canvassing. This obligation came into force on June 1, 2016.
If information relating to a consumer’s telephone details is collected when a contract is concluded, the contract must clearly and comprehensibly mention the existence of this right
for the consumer. This is a new statement to be added to the general terms and conditions of any professional dealing with consumers.
In addition to its obligation to provide information, Residence Capriona will be prohibited from canvassing consumers on this list, except in the case of prior customers.
It is therefore the responsibility of professionals wishing to carry out a canvassing campaign to check that their customers are not on this list by registering on the bloctel.gouv.fr website.
He will therefore have to purge his prospecting file of the contact details of people registered on this list. It should also be noted that the sale or rental of files containing telephone data and
the contact details of one or more consumers registered on the opposition to telephone canvassing list is prohibited.
These prohibitions do not apply to protection for the supply of newspapers, periodicals or magazines. Any professional who fails to comply with these provisions is liable to an administrative fine
of up to €15,000 if he or she is a natural person, and up to €75,000 if he or she is a legal entity.
ARTICLE 10 – Intellectual property
The content of the Résidence Capriona website is the property of the Seller and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 – Anticipation
The present General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the French Civil Code for all Service operations from the Service Provider to the Customer. The Service Provider
and the Customer hereby waive their right to invoke the provisions of article 1195 of the French Civil Code and the unforeseeable circumstances regime provided for therein, and undertake to assume their obligations even if the contractual balance
is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences
.
ARTICLE 12 – Force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure,
as defined in article 1218 of the French Civil Code.
Force Majeure : All events, of whatever nature, beyond the control of the company SARL DOLOREAL , irresistible, unforeseeable and tending to delay or prevent a stay at the Residence Capriona , constitute ,
by express agreement, a cause for suspension and/or extinction of the obligations of the company SARL DOLOREAL towards its customers , without compensation to the customer.
Article 13: Miscellaneous provisions
The present General Terms and Conditions of Sale, the Personal Data Charter, the Terms and Conditions of Sale of the fare booked by the Customer, the Booking Request, the Booking Confirmation by the Customer,
constitute the entire agreement between the parties within the limits of its purpose. They consequently replace and cancel, within this limit, any previous verbal or written agreement.
No tolerance, whatever its nature, extent, duration or frequency, may be considered as creating any right whatsoever and may not lead to limiting in any way whatsoever
the possibility of invoking each of the clauses of these General Terms and Conditions of Sale, at any time, without any restriction whatsoever.
Any clause of these General Terms and Conditions of Sale which may be declared invalid or unlawful by a competent court shall be rendered ineffective, but its invalidity shall not affect the other stipulations,
or the validity of the General Terms and Conditions of Sale as a whole or their legal effect.
ARTICLE 14 – Applicable law – Language
These General Terms and Conditions of Sale and any transactions arising therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of litigation.
ARTICLE 15 – Disputes
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning both their validity, their interpretation,
their execution, their termination, their consequences and their consequences and which could not be resolved between Residence Capriona and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or to any
alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.
Failing an amicable agreement, the consumer has the option of :
1) refer the matter free of charge to the consumer ombudsman responsible for the professional, i.e. the Association des Médiateurs Européens (AME CONSO), within one year of the written complaint
sent to the professional. Referral to the consumer ombudsman must be made :
– either by completing the form provided on the AME CONSO website: www.mediationconso-ame.com;
– or by post to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS.
2) register your complaint on the European online dispute resolution platform: ec.europa.eu/consumers/odr
ARTICLE 16 – Pre-contractual information – Customer acceptance
The Customer acknowledges having been informed, prior to booking and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions of
Sale and of all the information listed in article L. 221-5 of the French Consumer Code, and in particular the following information:
● the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
● the price of Services and ancillary costs ;
● in the absence of immediate execution of the contract, the date or deadline by which the Service Provider undertakes to provide the reserved Services;
● information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
● information on legal and contractual warranties and how to make use of them;
● the functionalities of the digital content and, where applicable, its interoperability ;
● the possibility of resorting to conventional mediation in the event of a dispute ;
● information on important contractual conditions.
● accepted means of payment.
The fact that an individual (or legal entity) makes a reservation on the Résidence Capriona website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay
for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.
