GENERAL CONDITIONS OF SALE 2022
Reservation of accommodation or “tourism” sites by individuals
Contact details of the Provider :
- Camping Lou Castel, Prente Garde 24250 Castelnaud-la-Chapelle
- 05 53 29 89 24 firstname.lastname@example.org
ORDER or RESERVATION or RENTAL: Purchase of Services.
SERVICES: seasonal rental of accommodation or bare pitches “tourism”.
ACCOMMODATION: Tent, caravan, mobile leisure home and light leisure home, studio and gîte
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation or bare pitches on the Lou Castel campsite, operated by , to non-professional clients (“The Clients” or “the Client”), on its website www.loucastel.com or by telephone, post or electronic mail (e-mail), or at a location where the Service Provider markets the Services. They do not apply to location rentals intended to accommodate leisure mobile homes (mobile homes) which are the subject of a “leisure” contract.
The main characteristics of the Services are presented on the website www.loucastel.com or on a written medium – paper or electronic – in the case of a reservation by a means other than a remote order.
The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions of the Service Provider, and in particular those applicable to other marketing channels for the Services.
These General Conditions of Sale are accessible at any time on the website and will prevail, where applicable, over any other version or any other contractual document. The version applicable to the Customer is the one in force on the Website or communicated by the Service Provider on the date the Customer places the Order.
Unless proven otherwise, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Customer.
Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, the Customer has the right to access, rectify and oppose all personal data at any time, if the processing is not essential to the execution of the order and the stay as well as their consequences, by writing, by mail and proving his identity, to :
Camping Lou Castel, Prente Garde 24250 Castelnaud-la-Chapelle
ARTICLE 2 – RESERVATIONS
The Customer selects on the website or provides information on any document sent by the Service Provider the services he/she wishes to order, according to the following procedures:
- Selection of stay;
- Choice of options;
- Confirmation of the order.
It is the Client’s responsibility to check the accuracy of the Order and to notify the Service Provider immediately of any errors. The Order shall only be deemed final after the Service Provider has sent the Client confirmation of acceptance of the Order by e-mail or post, or by signing the contract in the event of a booking directly at the premises where the Service Provider markets the Services.
Any Order placed on the www.loucastel.com website constitutes the formation of a contract between the Client and the Service Provider.
All Orders are nominative and cannot, under any circumstances, be transferred.
ARTICLE 3 – PRICES
The Services offered by the Provider are provided at the rates in force on the website www.loucastel.com, or on any information medium of the Provider, at the time the Customer places the order. The prices are expressed in Euros, exclusive of tax and VAT.
The rates take into account any discounts that may be granted by the Service Provider on the website www.loucastel.com or on any information or communication medium.
These rates are firm and non-revisable during their period of validity, as indicated on the website www.loucastel.com, in the e-mail or in the written proposal sent to the Customer. After this period of validity, the offer shall lapse and the Provider shall no longer be bound by the prices.
They do not include handling and administration fees, which are invoiced in addition, under the conditions indicated on the www.loucastel.com website or in the information (mail, e-mail, etc.) communicated to the Customer beforehand, and calculated before the Order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer at the latest at the time of payment of the balance of the price.
3.1. TOURIST TAX
The tourist tax, collected on behalf of the municipality / community of municipalities, is not included in the rates. Its amount is determined per person and per day and is variable depending on the destinations. It must be paid when paying for the Service and is shown separately on the invoice.
ARTICLE 4 – PAYMENT CONDITIONS
Amounts paid in advance are down payments. They constitute a charge on the total price owed by the Customer.
A deposit corresponding to 25% of the total price of the supply of the Services ordered is required when placing the order by the Customer. It must be paid upon receipt of the final rental contract and attached to the copy to be returned. It will be deducted from the total amount of the order.
It will not be reimbursed by the Service Provider in the event of cancellation of the stay by the Customer less than 90 days before the scheduled date of arrival (except in cases provided for in article 6.4 of these general conditions).
The balance of the stay must be paid in full 30 days before the date of arrival (under penalty of cancellation of this rental).
Payments made by the Client shall be considered final only after the Service Provider has received the amounts due.
In the event of late payment and payment of the sums due by the Client after the deadline set out above, or after the payment date shown on the invoice sent to the Client, late payment penalties calculated at the weekly rate of 10% of the amount including tax of the price of the provision of the Services, will be automatically and automatically acquired by the Service Provider, without any formality or prior notice.
Late payment shall result in the immediate payment of all sums due by the Client, without prejudice to any other action that the Service Provider may be entitled to take against the Client in this respect.
4.3. NON-COMPLIANCE WITH PAYMENT TERMS
In addition, the Service Provider reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the provision of the Services ordered by the Client and/or to suspend the performance of its obligations after formal notice has remained without effect.
ARTICLE 5 – PROVISION OF SERVICES
5.1. PROVISION AND USE OF SERVICES
The accommodation and the site relating to it may be occupied from 4 p.m. on the day of arrival and must be vacated by 10 a.m. on the day of departure.
The balance of the stay must be paid in full:
- 30 days before the date of arrival (under penalty of cancellation of this rental) ;
Bare pitches may be occupied from 2 p.m. on the day of arrival and must be vacated by 12 noon (noon) on the day of departure.
The balance of the stay must be paid in full:
- On arrival concerning the bare pitches (intended for motorhomes, caravans or tents).
The accommodation and pitches are designed for a specific number of occupants and can under no circumstances be occupied by a greater number of people. In addition, it is strictly forbidden to add other accommodation, whatever its nature, on said sites already provided with accommodation installed by the Service Provider.
Accommodation and pitches will be left in the same state of cleanliness as on delivery. Otherwise, the tenant will have to pay a lump sum for cleaning as specified on the Service Provider’s website. Any degradation of the accommodation or its accessories will give rise to immediate repairs at the expense of the tenant. The inventory at the end of the rental period must be exactly the same as at the beginning.
5.2. SECURITY DEPOSIT
For accommodation rentals, a deposit of 200 € is required from the Client on the day the keys are handed over and is returned to him on the day the rental ends, subject to deduction of any repair costs.
This deposit does not constitute a limit of liability.
ARTICLE 6 – DELAY, INTERRUPTION OR CANCELLATION OF STAY BY THE CUSTOMER
No reduction will be granted in the event of a delayed arrival, an early departure or a change in the number of people (whether for all or part of the planned stay).
In case of modification of dates or number of persons, the Provider will try to accept as much as possible the requests of modification of date within the limit of the availabilities, and this without prejudice of the possible additional expenses; it is in all cases a simple obligation of means, the Provider not being able to guarantee the availability of a site or an accommodation, or another date; a supplement of price can be asked in these cases.
Any request to reduce the duration of the stay will be considered by the Provider as a partial cancellation, the consequences of which are governed by Article 6.3.
An early departure cannot give rise to any reimbursement from the Provider.
If cancellation insurance has been validly taken out and validly exercised, the terms of cancellation and reimbursement must be carried out in accordance with the general conditions of the insurer.
Please note that cancellation insurance can only be taken out when making the initial reservation request and that the customer agrees to take note of the insurance conditions offered when making his initial reservation.
If no cancellation insurance has been validly taken out or validly exercised, the termination indemnities will be calculated as follows:
- Cancellation before the 90th day before the planned arrival date: the cancellation will be made without charge and the full amount paid will be refunded by the Provider;
- Cancellation from the 90th day to the 31st day before the scheduled arrival date: 25% of the total amount of the stay will be retained by the Provider (corresponding to the amount of the security deposit);
- Cancellation from the 30th day to the 16th day before the scheduled arrival date: 50% of the total amount of the stay will be retained by the Provider;
- Cancellation from the 15th day to the scheduled arrival date: 100% of the total amount of the stay will be retained by the Provider.
In all cases of cancellation other than a cancellation before the 90th day before the scheduled arrival date, the processing and management fees (article 3) will be retained by the Provider.
6.4. CANCELLATION IN CASE OF PANDEMIC
6.4.1. As an exception to Article 6.3 CANCELLATION, in the event of total or partial closure of the establishment during the dates of the reserved stay (which is assimilated to a measure of total or partial ban on reception of the public, insofar as the Customer is directly concerned by the application of this measure) decided by the public authorities, and which is not attributable to the Service Provider, the sums paid in advance by the Customer for the reservation of the stay that cannot be made will be reimbursed. in accordance with the legal or regulatory provisions governing said closure or its consequences.
However, the Service Provider cannot be held liable for additional compensation beyond this reimbursement of the sums already paid for the reservation of the stay.
6.4.2. Any cancellation of the stay duly justified by the fact that the Customer would be affected by COVID 19 (infection) or other infection considered to be a pandemic, or would be identified as a contact case, and that this situation would call into question his participation in the stay on the scheduled dates will be done without termination indemnity or reimbursement from the Service Provider. It is the client’s responsibility to take out cancellation insurance in accordance with article 6.3 CANCELLATION.
6.4.3. In the event that the Customer is forced to cancel the stay in full due to government measures not allowing participants to move (general or local confinement, travel ban, border closures), even though the campsite is able to fulfill its obligation and welcome Customers, the Service Provider will not be required to make any specific reimbursement. Please refer to article 6.3 CANCELLATION.
6.4.4 – In the event that the Customer takes out specific insurance covering the risks listed in article 6.4.2 or article 6.4.3, the Customer must take all necessary steps with the insurer.
ARTICLE 7 – OBLIGATIONS OF THE CLIENT
7.1. PUBLIC LIABILITY INSURANCE
The Customer lodged on a site or in an accommodation must be insured for civil liability. An insurance certificate may be requested from the Customer before the start of the service.
Pets are accepted, under the responsibility of their owners, with the exception of new pets (NAC) and dangerous animals, in particular category 1 and 2 dogs (L.211-11 and L.211-12 of rural code).
They are accepted through the packages available from the Service Provider and payable locally.
7.3. INTERNAL REGULATIONS
Rules of procedure are posted at the entrance of the establishment and at the reception. The Customer is required to take cognizance of it and to respect it. It is available on request.
ARTICLE 8 – OBLIGATIONS OF THE PROVIDER – GUARANTEE
The Service Provider warrants to the Client, in accordance with the legal provisions and without additional payment, against any lack of conformity or latent defect, resulting from a design or manufacturing defect of the ordered Services.
In order to assert its rights, the Customer must inform the Service Provider, in writing with acknowledgement of receipt, of the existence of the defects or lack of conformity within a maximum period of 24 hours from the provision of the Services.
The Service Provider shall refund or rectify or cause to be rectified (to the extent possible) the services found to be defective as soon as possible and no later than 2 days after the Service Provider has discovered the defect or fault. The refund will be made by crediting the Customer’s bank account or by bank check sent to the Customer.
The Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer. The Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event as usually recognized by French case law.
The Services provided through the Provider’s website www.loucastel.com comply with the regulations in force in France.
ARTICLE 9 – RIGHT OF WITHDRAWAL
Activities related to the organization and sale of stays or excursions on a specific date or during a specified period are not subject to the withdrawal period applicable to distance and off-premises sales, in accordance with the provisions of Article L221-28 of the Consumer Code.
ARTICLE 10 – PROTECTION OF PERSONAL DATA
The Service Provider, the writer of the present document, implements the processing of personal data which have as their legal basis :
● Or the legitimate interest pursued by the Service Provider when it pursues the following purposes:
– management of the relationship with its customers and prospects,
– organizing, registering and inviting to events of the Provider,
– processing, execution, prospecting, production, management and follow-up of clients’ requests and files,
– drafting deeds on behalf of its clients.
● Or compliance with legal and regulatory obligations when it implements processing for the purpose of:
– the prevention of money laundering and terrorist financing and the fight against corruption,
The Service Provider only keeps the data for the time necessary for the operations for which they were collected and in compliance with the regulations in force.
In this respect, customer data is kept for the duration of the contractual relationship plus 3 years for animation and prospecting purposes, without prejudice to conservation obligations or limitation periods.
With regard to the prevention of money laundering and the financing of terrorism, the data are kept for 5 years after the end of the relationship with the Service Provider. For accounting purposes, they are kept for 10 years from the end of the accounting period.
Prospective customers’ data is kept for a period of 3 years if no participation or registration to the Provider’s events has taken place.
The data processed are intended for authorized persons of the Service Provider.
Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, individuals have the right to access, rectify, question, limit, portability and delete data concerning them.
The persons concerned by the processing carried out also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data whose legal basis is the legitimate interest of the Service Provider, as well as the right to object to commercial prospecting.
They also have the right to define general and specific directives defining the way in which they intend to exercise, after their death, the rights mentioned above.
- by e-mail to the following address: email@example.com
- or by post to the following address Lou Castel
Prente Garde 24250 Castelnaud-la-Chapelle
The persons concerned have the right to lodge a complaint with the CNIL.
ARTICLE 11 – INTELLECTUAL PROPERTY
The content of the website is the property of the Provider and its partners and is protected by French and international laws relating to intellectual property.
Any reproduction, distribution, total or partial use of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
In addition, the Service Provider remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) with a view to providing the Services to the Customer. The Client is therefore prohibited from reproducing or exploiting the said studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of the Service Provider, which may be conditional on a financial consideration.
The same applies to names, logos or more broadly any graphic or text representation belonging to the Service Provider or used and distributed by him.
ARTICLE 12 – APPLICABLE LAW – LANGUAGE
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 13 – DISPUTES
All disputes to which the purchase and sale operations concluded in application of these general terms and conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the Service Provider and the Customer shall be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may, in any event, in the event of a dispute, resort to a conventional mediation procedure or any other alternative dispute resolution method.
In accordance with the provisions of the Consumer Code concerning “the mediation process for consumer disputes”, the client has the right to have recourse free of charge to the mediation service for consumer disputes offered by Camping Lou Castel.
The “consumer law” mediator thus proposed is CM2C (currently being validated by the CECMC).
This mediation system can be reached electronically: https://cm2c.net or by post: CM2C – 14 rue Saint Jean 75017 PARIS.
ARTICLE 14 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Client acknowledges having been informed, prior to placing his/her Order, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information and details referred to in articles L 111-1 to L111-7 of the French Consumer Code, in addition to the information required in application of the Order of 22 October 2008 relating to the prior information of the consumer on the characteristics of the rental accommodation in open-air hotels and in particular
- the essential characteristics of the Services, taking into account the communication medium used and the Services concerned;
- the price of the Services and related costs;
- 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 guarantees and their implementation procedures; 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 relating to the terms of termination and other important contractual conditions.
The fact for a natural (or legal) person to order on the website www.loucastel.com implies full and complete acceptance of these General Terms and Conditions of Sale, 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 Provider.