General Terms and Conditions of Sale

Maison Esperanza

Definitions:

- Order or RESERVATION or RENTAL: purchase of Services.
- SERVICES: rental accommodation.
- ACCOMMODATIONS: rooms and apartments.

ARTICLE 1 - SCOPE

These General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation in the Maison Esperanza to non-professional Customers (“the Customers” or “the Customer”) on its website www.olela.co.uk or by telephone on +33 (0)2 51 20 41 94.
These general terms and conditions of sale are applicable to all bookings in the Maison Esperanza.
The main characteristics of the Services are presented on the website www.olela.co.uk.
The Customer must read these before making a reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The contact details of the Service Provider are as follows: Oléla, 4, rue Auguste Herbert, 85560 Longeville-sur-Mer - France.
These terms and conditions apply to the exclusion of all other conditions, in particular those applicable to other marketing channels for the Services.
These General Terms and 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.
In the absence of proof to the contrary, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Customer.
The Client declares having read these General Terms and Conditions of Sale and having accepted them by ticking the box provided for this purpose before using the online reservation procedure as well as the general terms and conditions of use of the website www.olela.co.uk. For any reservation by telephone, the present General Terms and Conditions of Sale are sent to you by e-mail.
As these General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer's purchase is that in force on the website on the date the reservation is made.

ARTICLE 2 – BOOKINGS

The Customer selects the services that he wishes to order on the website, according to the following methods: the Customer selects himself, the establishment, the dates, the number of participants and the type of rental desired as well as the services. He validates the quote by means of payment by credit card.
It is the Customer's responsibility to check the accuracy of the booking and to immediately report any error. The reservation shall not be considered final until confirmation of acceptance of the reservation has been sent to the Customer by the Service Provider by e-mail.
Any reservation placed on the website www.olela.co.uk or by telephone on +33 (0)2 51 20 41 94 constitutes the formation of a contract concluded at a distance between the Customer and the Service Provider.
All reservations are by name and may not, under any circumstances, be transferred.
The Service Provider offers family oriented stays, in the traditional sense. It reserves the right to refuse any reservation which would be contrary to this principle, or which would seek to divert it. The accommodation offered is intended exclusively for individual Customers.
Minors unaccompanied by their parents or legal guardians are not allowed in the establishment. The Service Provider reserves the right to cancel any confirmed reservation for minors who are not accompanied by their parents or legal guardians. Payments made are non-refundable.
The plans and photos displayed on our publicity materials are for illustration purposes only.

2.1. GROUP BOOKINGS

The establishment, with its 27 rooms and 5 apartments, can be privatizsed for any type of event: wedding, seminar, cousinship, birthday, etc. For any request, please contact Oléla customer service on +33 (0)2 51 20 41 94.

ARTICLE 3 – PRICES

The Services offered by the Service Provider are provided at the prices in force on the website www.olela.co.uk or by telephone, when the Service Provider registers the booking. Prices are given in Euros and include VAT at a rate of 10% applicable on the day they were determined. Any subsequent change in the applicable VAT rate, which occurs between the time the rates were determined and the invoicing of the stay, will lead to a correlative change in the price including VAT, which the Customer shall accept unconditionally.
The prices take into account any discounts that may be granted by the Service Provider on the website www.olela.co.uk or by telephone.
These prices are firm and non-revisable during their period of validity, as indicated on the website www.olela.co.uk or by telephone, and the Service Provider reserves the right, outside this period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to:
- for the rental of a room: 30% of the total amount of the stay. The balance is to be paid on site on the day of arrival,
- for the rental of an apartment: 30% of the total amount of the stay + travel insurance (optional). The balance must be paid no later than 30 days before arrival.
An invoice is drawn up by the Service Provider and given to the Customer when the Services ordered are provided.

3.1. TOURIST TAX

The tourist tax, collected on behalf of the municipality / municipality community, is not included in the prices. It is equivalent to 4% of the total accommodation amount excluding tax + 10% departmental share. It is valid from 01/01 to 31/12 and its amount is applied to anyone aged 18 and over.
If the amount of the tax is increased, the Customer will be asked to pay the additional amount.

ARTICLE 4 - TERMS OF PAYMENT

4.1. DEPOSIT

The reservation is considered final on receipt of the deposit, all requested information and approval by the Service Provider.
For the rental of a room or an apartment, the booking must be accompanied by a payment corresponding to 30% of the total amount of the stay as a deposit + travel insurance (optional and only applicable for apartments).
For any room reservation, the balance of the stay must be paid on site on the day of arrival. For any reservation of an apartment, this must be paid no later than 30 days before arrival, under penalty of cancellation.

4.2. PAYMENTS

Payments made by the Customer will not be considered final until the Service Provider has actually received the sums due.
In the event of late payment and payment of the sums due by the Customer beyond the time limit set out above, and after the payment date appearing on the booking confirmation sent to the Customer, late payment penalties calculated at 3 times the legal interest rate, i.e. 24,48% of the amount (including VAT) of the price of the provision of Services, shall be automatically and by operation of law acquired by the Service Provider, without any formality or prior formal notice.

4.3. NON-COMPLIANCE WITH THE TERMS OF PAYMENT

In addition, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.

4.4. PAYMENT METHODS

No additional costs in excess of the costs incurred by the Service Provider for the use of a means of payment may be charged to the Customer.
Payment can be made by credit card or bank transfer (bank details of the establishment will be sent to you on request to the reservations department).

ARTICLE 5 - PROVISION OF SERVICES

5.1. PROVISION AND USE OF SERVICES

The accommodation may be occupied from 4 p.m. on the day of arrival and must be vacated by 11 a.m. on the day of departure.
The rooms and apartments are provided for a fixed number of occupants and may not be occupied by more than a certain number of people, bearing in mind that a baby counts as one person. If the number of people exceeds the maximum capacity of the accommodation, the Service Provider reserves the right to refuse access to the establishment and the sums paid will not be refunded.
For any stay in an apartment, accommodation will be returned in the same state of cleanliness as on delivery. Failing this, the tenant will have to pay a lump sum of 200 € for cleaning. Any damage to the accommodation or its accessories will be repaired immediately at the expense of the tenant. The inventory at the end of the rental period must be exactly the same as at the beginning of the rental period.
The Service Provider cannot guarantee any specific request made during the Order. The accommodation number will be communicated to you upon arrival.

5.2. SECURITY DEPOSIT

For any stay in an apartment, a security deposit of 200 € is required by credit card from the Tenant on the day the keys are handed over and is returned to the Tenant within 8 days of the end of the rental period, after deduction of any restoration costs.
This deposit does not constitute a limit of liability.

ARTICLE 6 – DELAY, INTERRUPTION OR CANCELLATION OF THE STAY BY THE CUSTOMER

No reduction will be granted in the case of late arrival, early departure or change in the number of people (whether for all or part of the planned stay).
The manager reserves the right to let the rental go if there is no news 24 hours after the scheduled date.

6.1. MODIFICATION OF STAY IN A ROOM

In the event of cancellation or modification of the reservation by the Customer after its acceptance by the Service Provider, for any reason whatsoever other than force majeure, the following conditions will apply:
- up to D-5: free of charge,
- between D-5 and D-1: amount of deposit,
- between D-1 and D0 or no-show: 100% of the stay.
A premature departure cannot give rise to any reimbursement from the latter.

6.2. MODIFICATION OF STAY IN AN APARTMENT

In the event of cancellation or modification of the reservation by the Customer after its acceptance by the Service Provider, for any reason whatsoever other than force majeure, the following conditions will apply:
- up to D-30: 30% costs as termination compensation corresponding to the deposit paid,
- between D-30 and D0: 100% costs as termination compensation.
No refund of amounts paid will be possible, regardless of the modification request made. The following modification fees will be applied:
- 15 € for any file less than 350 €,
- 30 € for any file between 351 € and 650 €,
- 50 € for any file between 651 € and 1799 €,
- 80 € for any file greater than or equal to 1 800 €.
Any change in the number of people that may result in a variation in the amount of the fee, more or less, must be specified upon arrival (tourist tax). In the event of an inaccurate declaration by the lessee, this contract will be terminated automatically and the sums paid will remain acquired by the Service Provider. It is possible, subject to acceptance, to modify the name of a participant during their stay.
A premature departure cannot give rise to any reimbursement from the latter. Any request to reduce the length of stay will be considered by the Service Provider as a partial cancellation, the consequences of which are governed by article 6.

6.3. TRAVEL INSURANCE

For any stay in an apartment, the Service Provider suggests that you take out travel and interruption of stay insurance, through its partner Gritchen Affinity. This insurance offers the Customer the possibility of being reimbursed by Gritchen Affinity for the cancellation costs of their reservation in the event of the occurrence of an event preventing their departure, or the nights not consumed during their stay in the event of the occurrence of an event delaying their arrival or shortening their stay.
Its amount, corresponding to 5% of the accommodation cost, is payable in full and only when booking.
Events covered by the Cancellation Insurance policy are set out in the Cancellation Insurance Terms and Conditions available on our website www.olela.co.uk/travel-insurance.
In the event of an open claim, the Customer must directly notify the establishment of their withdrawal and contact Gritchen Affinity following the procedures described in the general conditions of travel insurance, within 10 days following the occurrence of the claim, and by providing Gritchen Affinity with the necessary information with supporting documents.

ARTICLE 7 - RESPONSIBILITY OF THE CUSTOMER

7.1. CIVIL LIABILITY

Customers hosted on a pitch or in an accommodation must compulsorily be insured for civil liability. An insurance certificate may be requested from the Customer before the start of the service.

7.2. PETS

Pets are not allowed in the establishment.

7.3. INTERNAL RULES

Internal rules are displayed at the entrance and at the reception desk. The Customer is obliged to take note of these rules and respect them. In the event of non-compliance with the internal rules, the Service Provider reserves the right to terminate the contract after a 24-hour notice period. The sums paid will remain the property of the Service Provider.

ARTICLE 8 - LIABILITY OF THE PROVIDER - GUARANTEE

The Service Provider guarantees the Customer, in accordance with the legal provisions and without additional payment, against any lack of compliance or latent defect resulting from a defect in the design or execution of the Services ordered.
In order to assert its rights, the Customer must inform the Service Provider, in writing, of the existence of the defects or lack of compliance within a maximum period of 24 hours from provision of the Services.
The Service Provider will reimburse or rectify or have rectified (as far as possible) the services deemed to be defective as soon as possible and no later than 7 days following the Service Provider's discovery of the defect or fault. Reimbursement will be made by crediting the Customer's bank account or by bank cheque sent to the Customer.
The Service Provider's guarantee is limited to the reimbursement of the Services actually paid for by the Customer and the Service Provider shall not be considered liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognised by French case law.
The Services provided through the Service Provider's website www.olela.co.uk comply with the regulations in force in France.

ARTICLE 9 - RIGHT OF WITHDRAWAL

Activities related to the organisation 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 selling.

ARTICLE 10 – PROTECTION OF PERSONAL DATA

The Service Provider, who is the author of these terms and conditions, processes personal data on a legal basis:
Either the legitimate interest pursued by the Service Provider when it serves the following purposes:
- prospecting,
- management of the relationship with its Customers and prospects,
- the organisation, registration and invitation to the Service Provider's events,
- processing, execution, canvassing, production, management, follow-up of Customer requests and files,
- the drafting of deeds on behalf of its Customers.
Or compliance with legal and regulatory obligations when carrying out a processing operation whose purpose is:
- the prevention of money laundering, the financing of terrorism and combatting corruption,
- invoicing,
- accountancy.
The Service Provider keeps the data only for the duration necessary for the operations for which it was collected and in compliance with the regulations in force.
In this respect, Customer data is retained for the duration of the contractual relationship plus 3 years for the purposes of promotion and canvassing, without prejudice to retention obligations or limitation periods.
With regard to the prevention of money laundering and the financing of terrorism, the data is kept 5 years after the end of the relationship with the Service Provider. It is kept for accounting purposes for 10 years from the end of the financial year.
Prospective customers' data is retained for a period of 3 years if no participation or registration for the Service Provider's events has taken place.
The data processed is intended for use by the Service Provider's authorised persons.
Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, natural persons have the right to access, rectify, query, limit, transfer 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 having as a legal basis the legitimate interest of the Service Provider, as well as the right to object to commercial prospecting.
They also have the right to lay down general and specific directives defining the manner in which they intend to exercise the above-mentioned rights after their death:
- by e-mail to the following address: rgpd@olela.fr,
- by post to the following address: Oléla, Service Clients RGPD, 4 rue Auguste Herbert, 85560 Longeville-sur-Mer - France,
accompanied by a copy of a signed identity document.
Participants reserve the right to file a complaint with the CNIL. The persons concerned have the right to lodge a complaint with the CNIL.

ARTICLE 11 - INTELLECTUAL PROPERTY

The content of the website www.olela.co.uk is the property of the Service Provider and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute a counterfeiting offence.
In addition, the Service Provider remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc, produced (even at the Customer's request) for the purpose of providing the Services to the Customer. The Customer therefore refrains 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 make it subject to a financial consideration.

ARTICLE 12 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

ARTICLE 13 – DISPUTES

In the event of a dispute during your stay, the Customer must contact the reception desk within 24 hours. They may send a letter to Service Client Oléla, 4 rue Auguste Herbert, 85560 Longeville sur Mer or an e-mail to relation.client@olela.fr, within 15 days of the end of their stay (after this period, the request will not be considered). No post-stay complaints will be taken into account if the facts have not been declared at the reception desk of the establishment during the stay. The Service Provider undertakes to reply within one month of receipt of the request.
All disputes to which the purchase and sale operations concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences and aftermath, 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, in the event of a dispute, he may in any event have recourse to a conventional mediation procedure or any other alternative dispute resolution method.
After contacting Oléla customer service and in the absence of a satisfactory response within one month, the Customer can contact the Tourism and Travel Mediator, whose contact details and referral procedures are available on its website: www.mtv.travel.

ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE

The Customer acknowledges having been informed, prior to making his booking, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information and details referred to in Articles L 111-1 to L 111-7 of the French Consumer Code, in addition to the information required in application of the decree of 22 October 2008 relating to the prior information of the consumer on the characteristics of 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 ancillary 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;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to, terms of termination and other important contractual conditions.
The fact that an individual (or legal entity) makes a booking on the website www.olela.co.uk and or by telephone on +33 (0)2 51 20 41 94, implies full and complete adherence and acceptance of these General Terms and Conditions of Sale, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.
Image rights: the Customer expressly authorises, without compensation, the establishment and Oléla to use, on any communication medium, the photos and videos of himself or his children that may be taken during his stay, for the advertising needs of the establishment and the Oléla group, for a period of 10 years. The re-use of Oléla photos, videos and other visuals, for any personal or other use, is prohibited.

Version applicable as from 02/12/2024