General Terms and Conditions of Sale
- Order or RESERVATION or RENTAL: purchase of Services.
- SERVICES: rental accommodation or pitch.
- ACCOMMODATIONS: tent, caravan, mobile leisure residence and light leisure accommodation.
ARTICLE 1 - SCOPE
- These General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation or pitch on Oléla establishments 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 Oléla establishments.
- 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.
- 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.
- Under the terms and conditions defined by the Loi Informatique et Libertés (French Data Protection Act) and the European Data Protection Regulation, the Customer has, at any time, a right of access, rectification and opposition to all his personal data by writing, by post and with proof of his identity, to: Service réservations Oléla, 50, rue Jacques Yves Cousteau Bâtiment F, 2e étage, 85000 La Roche-sur-Yon, email@example.com.
- 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 (change/cancellation free of charge possible within 24 hours after payment of the first instalment).
- 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.
- For the rental of a camping pitch, only one installation (tent, caravan, motorhome) is allowed per pitch. The Service Provider reserves the right to cancel any reservation if information about the dimensions of the structure, requested at the time of booking, are not provided. The approval of all reservations is dependent on information provided by the Customer about said dimensions.
- Accommodation guests are not permitted to erect a tent on their site.
- 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 must be accompanied by their parents or legal guardians. 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 Service Provider is unable to guarantee any particular request made at the time of booking. The pitch number as well as the site plan will be provided on arrival.
- The plans and photos displayed on our publicity materials are for illustration purposes only.
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.
- They do not include the booking fees, which are invoiced in addition, under the conditions indicated on the website www.olela.co.uk and calculated prior to the booking being made.
- The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
- 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. The amount is determined per person and per day and varies according to the destination. It is to be paid at the time of booking. If the amount of the tax is increased, the Customer will be asked to pay the additional amount.
ARTICLE 4 - TERMS OF PAYMENT
The reservation is considered final on receipt of the deposit, all requested information and approval by the Service Provider.
- For the rental of a camping pitch, the reservation will be accompanied by a €100 deposit + booking fees + cancellation insurance (optional). The balance of the stay must be paid no later than 30 days prior to arrival, otherwise it will be cancelled.
- For the rental of accommodation, the booking must be accompanied by a payment corresponding to 30% of the total amount of the stay as a deposit + booking fees + cancellation insurance (optional). The balance of the stay must be paid no later than 30 days prior to arrival, otherwise it will be cancelled.
- They will be deducted from the amount of the fees but not reimbursed by the Service Provider (except in cases of force majeure and exceptional derogations provided for in paragraphs 6.3.2).
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. 2.37% 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, holiday vouchers (e-ANCV not accepted), bank cheque made out to the establishment (not accepted less than 30 days before arrival) or bank transfer (bank details of the establishment will be sent to you on request to the reservations department).
- The Customer has the option to pay for his stay in several instalments, free of charge, subject to an initial payment of the deposit at the time of booking and payment of the balance at the latest one month before arrival.
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 10 a.m. on the day of departure. The pitch may be occupied from 3 p.m. on the day of arrival and must be vacated by 12 noon on the day of departure.
- The accommodation and pitches 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.
- Accommodation and pitches will be returned in the same state of cleanliness as on delivery.
- Failing this, the tenant will have to pay a lump sum of €100 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.
5.2. SECURITY DEPOSIT
- For accommodation rentals, a security deposit of €300 (€200 for accommodation and €100 for cleaning costs) is required from the Tenant on the day the keys are handed over and is returned to the Tenant at the end of the rental period after deduction of any restoration costs.
- For pitch rentals, a security deposit of €90 (€65 for damage to the site + €25 for cleaning costs) is required from the tenant on the day the pitch is handed over and is returned to the tenant on the day the rental period ends, after deduction of any restoration costs.
- An inventory form will be given to you on arrival; this must be returned to reception within 24 hours. For departures, we ask you to read the instructions posted in the rental carefully and to respect them. The Service Provider checks each accommodation. Deposits are returned to you within 8 days.
- This deposit does not constitute a limit of liability.
- The Service Provider offers pre check-in, available from 10 days before arrival date on www.olela.co.uk, “My account”.
- 3 steps to save time at reception:
- Finalise details and validate all relevant information via your on-line account,
- Register your bank details (encryption by SSL security protocol) for on-line payment of any optional extras you may require,
- Authorisation charge, generated by a credit/debit card imprint, to cover: costs relating to any damage to Rentals or theft, or settlement of any outstanding optional extras.
- Please note: your pre check-in authorization is final and cannot be modified or cancelled; any on-line payments made using this service cannot be refunded.
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.
- In the event of a change in the dates or type of accommodation, the Service Provider will endeavour to accept the request subject to availability, within the limit of one request per stay during the current season and in the same establishment.
- No changes will be approved within less than 30 days of the arrival date. Customers are not entitled to any refund for any payments already made, irrespective of the nature of the change requested. The following fees will be applied for changes:
- €15 on all bookings costing under €350,
- €30 on all bookings costing between €351 and €650,
- €50 on all bookings costing between €651 and €1799,
- €80 on all bookings greater than or equal to €1800.
- Any change in the number of persons that may result in a change in the amount of the fee, plus or minus, must be specified on arrival (tourist tax). In the event of an inaccurate declaration by the lessee, this contract shall be terminated by operation of law and the sums paid shall remain the property of the Service Provider. Subject to approval, Customers are permitted to change the name of a guest during their stay.
- Any request to reduce the duration of the stay will be considered by the Service Provider as a partial cancellation, the consequences of which are governed by Article 6.3.
- Premature departure will not give rise to any reimbursement on the part of the latter.
- In the event of cancellation of the booking by the Customer after being accepted by the Service Provider, for any reason other than force majeure, the following conditions shall apply: - Cancellation more than 30 days before arrival: 30% of expenses as a breakage compensation corresponding to the deposit paid for an accommodation rental or €100 of expenses corresponding to the deposit paid for a campsite pitch rental, - Cancellation less than 30 days from arrival date: 100% of the costs as a severance payment.
- In all cases of cancellation, the Service Provider shall retain the processing fees and the amount of the cancellation insurance taken out (Article 3).
- Notwithstanding paragraph 6.3.1, in the event that the Customer is forced to cancel the entire holiday due to government measures that do not allow guests to travel (local lockdown, travel ban), even though the campsite is able to fulfil its obligation and accommodate them, the Service Provider will issue a credit note or refund corresponding to the sums paid by the Customer, less the booking fees and the amount of the cancellation insurance taken out (Article 3), which will remain the property of the Service Provider. This credit, non-refundable and non-transferable, will be valid for 12 months.
- The Service Provider offers Trip Cancellation and Interruption Insurance, through its partner, Gritchen Affinity. This insurance allows Customers to claim cancellation costs from Gritchen Affinity in the event that they are unable to depart on holiday or claim for nights paid for, but not taken, in the event that they have to arrive late or need to leave early.
- The total amount corresponds to 5% of the total cost of the accommodation (rental or camping pitch with additional guests) and must be paid in full at the time of booking.
- You have made several bookings as part of the same reservation, and you have taken out Cancellation Insurance, the policy will cover all bookings included in this reservation.
- 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.
- In the event of an illness, accident etc., the Customer must inform Oléla about his cancellation and contact Gritchen Affinity, following the procedures described in the Cancellation Insurance Terms and Conditions within 10 days of said illness or accident etc., providing Gritchen Affinity with all the necessary documentation and supporting documentation.
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.
- Pets are accepted, under the responsibility of their masters, for a fee of €5/night and €35/week and must be declared at the time of booking. Only one pet will be tolerated per pitch. A vaccination record must be shown on arrival.
- 1st and 2nd category dogs, within the meaning of Article L 211-12 of the rural and sea fishing code, are forbidden.
- Pets are not allowed in the accommodation of the Standing range.
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:
- 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,
- 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: firstname.lastname@example.org, - by post to the following address: Oléla, Service Clients RGPD, 4 rue Auguste Herbert, 85560 Longeville-sur-Mer, 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, 50 rue Jacques Yves Cousteau, Bâtiment F, 2e étage, 85000 La Roche-sur-Yon or an e-mail to email@example.com, 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.
- In particular, he can have recourse free of charge to the following Consumer Ombudsman:
- MEDICYS from which we report electronically: https://app.medicys.fr
- or by post: MEDICYS, 73 Boulevard de Clichy, 75009 Paris.
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;
- 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 the establishment and Oléla to use, on any communication medium, 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. The re-use of photos, videos and other Oléla visuals, for any personal or other use, is prohibited.
Version applicable as from 14/04/2021