Terms and conditions of sale

1. Purpose

These general terms and conditions set out the rights and obligations of the parties in connection with the remote booking of services offered by our establishment, whose contact details are given in the booking confirmation document. They govern all the steps necessary for booking and for the follow-up of the booking between the contracting parties. The customer acknowledges having read and accepted these general terms and conditions of sale and the conditions of sale of the rate booked, which are available on our booking platform. These general terms and conditions of sale apply to all bookings made over the internet via our booking platform.

2. Booking

The customer chooses the services presented on our booking platform. The customer acknowledges having read about the nature, purpose and booking procedures of the services available on our booking platform, and having requested and obtained the necessary and/or additional information to make the booking in full knowledge of the facts. The customer is solely responsible for the choice of services and for their suitability to the customer’s needs, so that we cannot be held liable in this respect. The booking is deemed accepted by the customer at the end of the booking process.

Booking process

Bookings made by the customer are made using the electronic booking form available online on our booking platform. The booking is deemed to be made as soon as the booking form is received. Before making any booking, the customer undertakes to complete the information requested on the booking form or booking request. The customer certifies that the information provided is true and accurate. Once the services to be booked have been finally chosen, the booking procedure includes in particular entering the bank card details where a guarantee or prepayment is required, reading and accepting the general terms and conditions of sale and the conditions of sale of the rate booked before confirming the booking, and, finally, confirmation of the booking by the customer.

Acknowledgement of the booking

Our booking platform acknowledges receipt of the customer’s booking by sending an e-mail without delay. For online bookings, the e-mail acknowledging the booking summarises the contract offer, the services booked, the prices, the conditions of sale relating to the rate selected and accepted by the customer, the date on which the booking was made, information about after-sales service, and the address of the seller’s establishment to which the customer may submit any complaints.

3. Cancellation or modification by the customer

The customer is reminded that, in accordance with article L. 121-21-8 12° of the Code de la consommation (French Consumer Code), the customer does not have the right of withdrawal provided for in article L. 121-21 of the Code de la consommation. The conditions of sale of the rate booked specify the terms for cancelling and/or modifying the booking. Bookings with prepayment cannot be modified and/or cancelled. Sums paid in advance as a deposit (arrhes) will not be refunded. In this case, this is stated in the conditions of sale of the rate. Where the conditions of sale of the rate booked allow it, the booking may be cancelled directly with the establishment, whose telephone number is given on the booking confirmation sent by e-mail. All bookings are made in the customer’s name and may under no circumstances be transferred to a third party, whether free of charge or for payment.

4. Use of the service

In accordance with the regulations in force in certain countries, the customer may be asked on arrival to fill in a police registration form (fiche de police). To this end, the customer will be asked to present an identity document so that it can be checked whether or not the customer must complete the police registration form. Any behaviour contrary to accepted standards of decency and public order will lead the establishment to ask the customer to leave the establishment without any compensation and/or without any refund if payment has already been made. For establishments with house rules, the customer accepts and undertakes to comply with those rules. If the customer fails to comply with any of the provisions of the house rules, the establishment will be obliged to ask the customer to leave the establishment without any compensation and/or without any refund if payment has already been made.

5. Liability

The photographs shown on our booking platform are not contractually binding. Although every effort is made to ensure that the photographs, graphic representations and texts used to illustrate the establishments presented give as accurate an idea as possible of the services offered, variations may occur between the time of booking and the day the service is used. The establishment cannot be held liable for the non-performance or improper performance of the booking in the event of force majeure, or due to the act of a third party or of the customer, in particular unavailability of the internet network, inability to access the website, external intrusion, computer viruses, or in the event of a prepayment not authorised by the cardholder’s bank. Any booking or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer’s expense, without prejudice to any civil or criminal action against the customer.

6. Complaints

Complaints concerning the non-performance or improper performance of the services booked must be brought to our attention in writing within eight days of the date of departure from the establishment, failing which they will be time-barred.

7. Prices

The prices for booking the services are shown before and during the booking. Prices are confirmed to the customer as amounts inclusive of all taxes, in the establishment’s trading currency, and are valid only for the period indicated on the booking platform. If the establishment debits the payment in a currency other than the one confirmed on the booking, any exchange fees are payable by the customer. All bookings, whatever their origin, are payable in the establishment’s local currency, unless special provisions are indicated on site. Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist tax, etc.), where shown on the rates page, are to be paid directly to the establishment on site. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the prices shown on the invoice date. Any change to or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices shown on the invoice date.

8. Payment

Unless special conditions or rates apply, the customer provides their bank details as a guarantee for the booking, by credit card or store card (Visa, Mastercard, American Express, Diners Club… depending on the options offered by the establishment’s booking platform), entering directly in the field provided for this purpose (secure entry with SSL encryption) the card number, without spaces between the digits, its expiry date (it should be noted that the bank card used must be valid at the time the service is used) and the card security code. The customer must present the bank card used to guarantee the booking at the establishment. Payment is debited at the establishment during the stay, except in the case of special conditions or rates where part or all of the payment is debited at the time of booking. This prepayment is classed as a deposit (arrhes). In the event of a no-show (booking not cancelled, customer not present) for a booking guaranteed by bank card, the establishment will charge the customer, as fixed compensation, the amount indicated in its general and specific conditions of sale.

The establishment has chosen elloha.com and stripe.com to secure online payments by bank card. The validity of the customer’s payment card is checked by stripe.com. A payment card may be refused for a number of reasons: stolen card, blocked card, limit reached, input error… In the event of a problem, the customer should contact their bank on the one hand and the establishment on the other, to confirm the booking and method of payment. For a rate subject to online prepayment, the sum paid in advance as a deposit (arrhes) is debited at the time of booking. Some establishments may issue invoices or bills electronically; the original file is certified and available online at the internet address provided by the establishment.

9. Privacy

On each form used to collect personal data, the customer is informed by means of an asterisk whether answers are mandatory or optional. The information processed is intended for the establishment, elloha.com, its entities, its partners and its service providers (in particular online payment providers). The customer authorises elloha.com to disclose their personal data to third parties provided that such disclosure is compatible with carrying out the operations for which elloha.com is responsible under these general terms and conditions and in accordance with the customer personal data protection charter. In particular, when paying online, the customer’s bank details will have to be transmitted by the payment provider stripe.com to the establishment’s bank for the performance of the booking contract. The customer is informed that this transfer of data may take place in foreign countries that do not provide adequate protection of personal data within the meaning of the loi Informatique et Libertés (French Data Protection Act). However, the customer consents to this transfer, which is necessary for the performance of the booking. Constellation SAS and Stripe, in their capacity as professionals, have undertaken to the establishment to take all security measures and to respect the confidentiality of the data for these transfers. See also our privacy policy.

10. Proof agreement

Entering the required bank details, and accepting these general terms and conditions and the booking form or booking request, constitutes an electronic signature which, between the parties, has the same value as a handwritten signature. The computerised records kept in the computer systems of elloha.com will be stored under reasonable security conditions and considered as proof of the communications, orders and payments made between the parties. The customer is informed that their IP address is recorded at the time of booking.

11. Force majeure

Force majeure means any event outside the control of the parties that is both unforeseeable and insurmountable and that prevents either the customer or the establishment from fulfilling all or part of the obligations provided for in the contract. Cases of force majeure or fortuitous events are those usually recognised by the case law of the French courts and tribunals. Neither party may be held liable to the other party for failure to perform its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends the performance of the parties’ reciprocal obligations and that each party bears the costs arising from it.

12. Dispute resolution

These general terms and conditions of sale are governed by the law of the country in which the establishment is located, without prejudice to any mandatory protective provisions that may apply in the consumer’s country of residence.

13. Entire agreement

These general terms and conditions of sale, the conditions of sale of the rate booked by the customer and the booking form or booking request constitute the entire obligations of the parties. No general or specific condition communicated by the customer may be incorporated into these general terms and conditions. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the booking form or booking request (including the specific conditions of the rate booked) and these general terms and conditions. In the event of any contradiction between the booking form and the general terms and conditions, the provisions of the booking form alone will apply to the obligation concerned. These general terms and conditions of sale may be amended and/or supplemented by the establishment at any time. In this case, the new version will be published online by the establishment and will apply automatically to all customers as soon as it is published.