Article 1 – Scope and pre-contractual information
1 – These general rental conditions (hereinafter referred to as the “General Conditions”) apply to all rentals of bed and breakfasts or lodges (hereinafter the “Rooms”) concluded between the owner of the establishment ( hereinafter the “Lessor”) and the individual consumers (hereinafter the “Customer (s)”).
No special conditions may, without formal and written acceptance of the Lessor, prevail over these General Conditions, so that all the contrary conditions posed by the Customer will, in the absence of express acceptance of the Lessor, not opposable to the latter.
The Lessor reserves the right to modify these Terms and Conditions at any time, it being understood that the modifications will only be applicable to bookings made subsequent to said modifications.
2 – These General Conditions are communicated to any Customer who requests them and are in any case available on the website of the Lessor: gite-kerburu.com
They are also communicated during the Room Reservation Confirmation to the e-mail address indicated by the Customer.
Any booking of House and especially any payment of a deposit for the reservation implies the unconditional acceptance of these Terms and Conditions.
Accordingly, the Customer expressly acknowledges having had communication, prior to the reservation of the Chambers and the conclusion of the contract, in a legible and understandable manner, these General Conditions and all the information listed in Article L.121- 17 of the Consumer Code and in particular the following information:
the essential characteristics of the services and in particular the rooms proposed by the Lessor;
the price of the services and the hirings of the Chambers, as well as the means of payment accepted;
information relating to the identity, activity and contact details of the Lessor;
information relating to the absence of right of withdrawal.
These General Conditions are written in French in their original version, which is the only authentic version, taking precedence over any other version translated into a foreign language.
3 – These General Conditions are written in French in their original version, which is the only authentic version, taking precedence over any other version translated into a foreign language.
If any provision of these Terms and Conditions is declared null and void, whatever the legal basis of a Tribunal or any other authority or authority, such a decision shall in no way affect the validity of the other stipulations.
Failure to exercise, at any time, a prerogative or right hereby acknowledged, or not to require the performance of any of the terms hereof, shall in any way be construed or modified from time to time. contract, or as an express or implied waiver of the right to exercise such prerogative in the future, or the right to demand scrupulous fulfillment of the undertakings given herein.
Article 2 – Identity and details of the Lessor
The rental services of Rooms described in these General Conditions are proposed by the Lessor whose all information and contact details are indicated below:
Identity: KERBURU – Mr Narbeburu and Mrs Kerneis
Place called kergalet
Article 3 – Description of Services – Bed and Breakfast
3.1 – Rental services, rooms and all ancillary and / or additional services that may be offered by the renter are described in detail about their specificities and qualities on the website. GDS.
Although the Lessor makes every effort to ensure that the photographs on its website are faithful and updated reproductions of its Rooms and services, variations may occur due in particular to the technical characteristics and color resolution of the photographs. .
Similarly, for reasons of internal organization and to ensure the comfort of the rooms and the renewal of furniture and equipment, the Lessor may be required to replace some furniture and / or equipment on the photographs of the website.
The Customer can not therefore claim any compensation, or in any way question the reservation made due to shortcomings and delays in updating some photographs on its website.
The Customer has in any event the possibility to solicit the Lessor for any additional question and / or clarification on the details of the services and rooms offered by contacting him at the coordinates referred to in article 2 above.
Similarly, a specific estimate may be established by the Lessor in view of the specific needs and requests expressed by the Customer.
3.2 – The Customer is expressly informed that the Rooms proposed by the Owner are designed for a specific and determined number of people.
Accordingly, the Lessor may at any time, without liability in any manner and for any reason whatsoever, refuse entry and the presence of additional persons in the rooms initially rented.
The Customer expressly acknowledges and agrees that the rental services proposed by the Lessor are for a limited and determined period of time, so that he can not claim, for whatever reason and for whatever reason, a right to maintain places.
Article 4 – Formation of the contract – Booking conditions
4.1 – Confirmation of reservation
It is expressly reminded that the Customer can take note of the precise description of the rental services and Rooms offered by the Lessor, through the website of the latter and / or by contacting the Lessor according to the contact details referred to in the Article 2 above.
Whatever the mode of contact, the Lessor sends to the Customer, at his postal address or email as directed by the Customer, a booking confirmation (hereinafter the “Booking Confirmation”) containing the details of the or Chamber (s) reserved, prices and methods of payment, including the deposit referred to in Article 4.2 below, and these General Conditions.
4.2 – Payment of a down payment
4.2.1 – Unless otherwise agreed by the Lessor, the conclusion of the rental agreement is expressly subject to the prior payment of a deposit of twenty-five percent (30%) of the total amount of the reservation made, all taxes included (VAT included) .
The Customer is informed of the obligation to pay this deposit and the payment terms in accordance with article 5.2 below, at the Confirmation of Reservation referred to in article 4.1 above.
It is expressly agreed that the payment of the aforementioned percentage constitutes a “down payment”, thus excluding the qualification of “down payment” in accordance with the provisions of Article L.131-1 of the French Consumer Code.
Consequently, the payment of this deposit by the Customer and its receipt by the Lessor binds the parties to the rental agreement firmly and definitively, subject to the stipulations of articles 4.5 and 4.6 below.
Any deposit paid by the Client is cashed upon receipt by the Lessor to validate firmly and definitively the reservation of the Room (s) and deducted from the invoice for the total amount of the stay.
It is expressly reminded that the payment of a deposit by the Customer entails the unconditional acceptance of these Terms and Conditions.
4.2.2 – Notwithstanding the aforementioned stipulations, for reasons of internal organization of his establishment and for stays of less than 3 nights, the Lessor reserves the right to require the Customer to pay in full cash prior to any firm and final reservation. of Rooms.
In this case, the Customer will be expressly informed during the Booking Confirmation sent by the Lessor.
4.3 – Online booking and payment
4.3.1 – The Customer can make a reservation of rooms directly from the website of the renter. In this case, it must obligatorily follow the following steps:
Compose the address of the website and follow the instructions of that site.
Fill out, according to the instructions provided to him online, the booking form made available to him where he must include the necessary information for his identification, including his name, first name, postal address, e-mail address.
Check the elements of the reservation and if necessary, identify and correct any errors and omissions.
Validate the reservation, the total price including all taxes (TTC) as well as the payment of the deposit according to the conditions referred to in article 4.2 above.
Follow the instructions of the online payment server to pay the price inclusive of taxes (VAT included) or the deposit requested in accordance with article 4.2.
The Customer then receives electronically and without delay a Confirmation of Reservation mentioning the acceptance of the payment and the validation of the reservation made.
4.3.2 – The Customer who has chosen to make a reservation from the website will definitively validate their reservation, given a summary displayed on the screen, by clicking on the “booking confirmation with payment obligation” tab. express your commitment, knowledge and acceptance of these Terms and Conditions and the reservation made.
At the end of the booking process, it is recommended that the Customer download, save or print these Terms and Conditions.
4.4 – No right of withdrawal
In accordance with Article L.121-21-8, 12 ° of the Consumer Code and notwithstanding the modalities of modification and cancellation referred to in Articles 4.5 and 4.6 below, the Customer is expressly informed that he does not benefit from not lawful right of withdrawal provided for in Article L.121-21 of the French Consumer Code.4.5 – Modification / Cancellation by the Client4.5.1 – Unless otherwise agreed by the Lessor, the bookings of Rooms made as the dates of arrival can not be modified by the Customer, as from their firm and final validation and in particular the receipt of the deposit referred to in article 4.2 above.
In any case, the Customer undertakes to inform the Lessor of any late arrival in relation to the agreed date and time and in any case after 19 hours in accordance with Article 6.1 below.
In the absence of information and if the Customer does not appear before the imperative arrival times referred to in article 6.1 below, unless the Landlord has agreed otherwise, the booking will be deemed canceled by the Customer and the Lessor may dispose of freely from its Chambers.
4.5.2 – Except in case of force majeure, in case of cancellation of the reservation by the Customer:
six (6) weeks or more before the start date of the stay: the Lessor agrees to reimburse the Customer the full amount paid;
less than six (6) weeks before the start date of the stay: the Lessor keeps the entire deposit paid;
less than eight (8) calendar days before the date of the beginning of the stay: the Lessor (i) keeps the whole of the deposit paid and (ii) reserves the right to request the total amount, all taxes included (TTC) , of all the nights reserved, with the exception of additional services not consumed.
4.5.3 – Similarly, in the event of no-show of the Client, without information or warning in this respect from the Lessor, as in the case of shortened stay, the Lessor retains the full amount of the deposit paid and reserves the right to ask for the total amount, including all taxes (including tax), of all booked nights, except for extra non-consumed services.
4.5.4 – In any case, the Customer undertakes to inform the Lessor of any modification and / or cancellation by any written means (letter, fax, e-mail).
4.6 – Modification / Cancellation by the Lessor
4.6.1 – Given the management constraints specific to the booking of rooms and for reasons of security and / or temporary rehabilitation of the rooms, the renter reserves the right to change the room initially reserved by a room of the same capacity and standard or higher capacity and standard.
In this case and unless otherwise agreed by the Lessor, the Customer may not request any reduction in the price of the reservation made.
4.6.2 – Except in case of force majeure, in case of cancellation of the reservation by the Lessor:
less than six (6) weeks before the start date of the stay: the Lessor shall reimburse the Client the full amount of the deposit paid;
less than eight (8) calendar days before the date of the beginning of the stay: the Lessor (i) refunds the whole of the deposit paid and, in the absence of amicable solution agreed to relocate the Customer (ii) pays an indemnity equal to the total amount, inclusive of all taxes (including tax), of all booked nights, except for extra non-consumed services.
4.6.3 – In any case, the Lessor undertakes to inform the Customer of any modification and / or cancellation by any written means (letter, fax, e-mail).
Article 5 – Prices and methods of payment
5.1 – Price
The rental prices of the rooms and any additional or additional services are indicated by the renter on its website and / or in all brochures, documents and internet platforms provided and / or accessible to the Customer, as well as in the Booking Confirmation addressed. in accordance with Article 4.1 above.
Unless otherwise stated, these prices are inclusive of all taxes (VAT included) taking into account the VAT rate applicable on the day of booking with the exception of the tourist tax.
The Lessor reserves the right to modify its prices at any time, it being understood that the price changes will only be applicable to bookings made after such modifications.
5.2 – Terms of payment
On the day of departure, the Lessor establishes an invoice corresponding to the total amount, inclusive of all taxes (including tax), of the stay booked, minus the deposit previously paid in accordance with article 4.2 above.
The balance of the invoice is to be paid by the Customer on the day of departure. The additional services consumed by the Customer during his stay will also be subject to an invoice and a payment at the end of his stay.
The means of payment available to the Customer are: cash, credit card, transfer, check, holiday voucher
Article 6 – Obligations of the Lessor
6.1 – Subject to the regular completion of the booking formalities by the Customer and in particular the payment of the deposit referred to in article 4.2 above, the Lessor undertakes to make available to the Customer the House (s) booked according to the dates and length of stay agreed.
In this context, unless otherwise agreed by the Lessor, the Customer is expressly informed of the mandatory arrival and departure times below:
Arrival times: 16h, it being specified that the Customer must imperatively inform the Lessor in case of arrival after 19h
Departure times: no later than
6.2 – Subject to the provisions of article 4.6.1. above, the Lessor undertakes to guarantee the Customer the peaceful enjoyment of the rented room and the availability of its equipment and furniture.
Article 7 – Obligations of the Customer
7.1 – Use of rooms and places
7.1.1 – The Client is required to use and enjoy peacefully as a “good father” of the rented House (s), as well as furniture and equipment thereof.
It is strictly forbidden to smoke in the rooms as well as the common areas of the establishment of the renter.
More generally, in order to ensure the tranquility and peaceful enjoyment of the premises by all the customers of the Landlord, each Client undertakes to respect a reasonable and appropriate savoir-vivre, as well as any instructions that would be communicated by the Landlord and not not appear in these Terms and Conditions.
7.1.2 – In accordance with Article 1731 of the Civil Code, the Customer is presumed to have received the rented room, its furniture and equipment in a good state of use and conservation and is obliged to return them to the lessor in the same state .
Therefore, the Customer responds and is obliged to compensate the Lessor for any damage and / or losses occurring during the stay, rendering the rented House unsuitable for its destination and any new rental, unless such damage and / or loss have occurred without his fault.
The Customer is obliged to send to the Lessor his claims relating to the compliance and / or the state of the reserved Rooms within a period of three (3) calendar days from the date of entry into the premises.
In any case, the Customer is obliged to inform the Lessor as soon as possible of any incident, deterioration and / or damage that may or may not occur, from the moment of entry into the premises and for the duration of the stay. stay.
Unless otherwise agreed upon at the time of booking, pets are not allowed in the property owner’s establishment.
In case of non-compliance with this directive, the Lessor may cancel the stay booked by the Customer, without the latter may claim any right to reimbursement or any compensation whatsoever.
However, guide dogs for the blind or visually impaired are accepted by the Lessor, unless otherwise indicated at the time of booking.
7.3 – Liability towards minors
The Client is expressly informed and alerted that the minors present and evolving in the establishment of the Lessor are placed under the sole and complete responsibility of their parents and / or any person having authority over them.
7.4 – Personal property
The personal property of the Customer is placed under the sole and entire responsibility of the latter, to whom it is necessary to take all precautionary and security measures useful and necessary for their conservation and / or the damage that they could cause.
Subject to the legal provisions in this matter, the Lessor shall not be liable for any loss, theft, injury and / or damage to the property and / or persons in the Lessor’s business, whatever be the cause and the moment.
Article 8 – Force majeure
8.1 – In accordance with Article 1148 of the Civil Code and the definition used in the case law of French courts and tribunals, force majeure means any event outside the control of the Parties that is both unpredictable and irresistible and / or inevitable.
Accordingly, it is expressly agreed that in case of default of one of the Parties to any of the obligations provided for and / or arising from these General Conditions due to an event of force majeure within the meaning of this article, the defaulting Party can not be held liable to the other Party.
8.2 – In particular, the Customer is expressly informed that the Lessor may be prevented, against his will, from respecting all or part of his obligations provided for and / or arising from these General Conditions due to an event of force majeure, such as, but not limited to: weather, earthquakes, fires, storms, floods, water damage and any weather events making it impossible to accommodate and / or accommodate guests under normal and legal conditions of safety.
In such cases, it is expressly agreed that the Lessor shall not be liable for any reason whatsoever, or be liable for any compensation to the Client for the total or partial non-performance of his obligations.
Article 9 – Personal data
The information and data concerning the Customer are collected and collected by the Lessor solely for the purpose of processing the bookings of Rooms.
This information and data may be collected and stored in a file of customers belonging to the Lessor.
In accordance with the “Loi Informatique et Libertés” of January 6, 1978, the Customer has the right to access, withdraw and rectify his personal data from the Lessor by contacting the latter according to the contact details referred to in Article 2 .
Similarly, the Customer is expressly informed that during the process of booking rooms, he may be required to accept or refuse to receive subsequent commercial and / or promotional offers from the lessor.
Article 10 – Applicable Law and Dispute Resolution
10.1 These General Terms and Conditions and any contractual relationship arising between the Parties, are exclusively governed by French law, with the exception of any other legislation and / or foreign regulations.
For any dispute concerning the validity, interpretation, execution, non-performance, interruption and / or termination of these General Terms and Conditions and any obligations arising therefrom, the jurisdiction of the Courts shall be determined in accordance with the rules of procedures and applicable international regulations and conventions.
10.2 Mediation: in case of dispute, the sectoral mediator concerned is Mediation Tourism Travel, BP80303, 75823 Paris Cedex 17, www.mtv.travel