GENERAL CONDITIONS OF SALE
Reservation of “tourism” accommodation or pitches by private individuals
Provider's contact details :
CAMPING DOMAINE LE QUERCY
894 chemin de Mont Marsis
46300 GOURDON
05.65.41.06.19
www.domainequercy.com
DEFINITIONS :
ORDER or RESERVATION or RENTAL: Purchase of Services.
SERVICES: seasonal rental of accommodation or bare pitches for “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 all rentals of accommodation or bare pitches on the Domaine le Quercy campsite (“the Provider”), to non-professional customers (“the Customers” or “the Customer”), on its website www.domainequercy.com or by telephone, post or electronic mail (e-mail), or in a place where the Provider markets the Services. They do not apply to pitch rentals for mobile homes (mobile homes), which are covered by a “leisure” contract.
The main characteristics of the Services are presented on the www.domainequercy.com website, or in written form - paper or electronic - in the event of reservation by means other than a remote order.
The Customer is obliged to familiarize himself/herself with 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, in particular those applicable to other sales channels for the Services.
These General Terms and Conditions of Sale are accessible at all times on the website and shall prevail, where applicable, over any other version or any other contractual document. The version applicable to the Customer is that in force on the website or communicated by the Service Provider on the date the Order is placed by the Customer.
In the absence of proof to the contrary, the data recorded in the Service Provider's computer system constitutes proof of all transactions entered into with the Customer.
Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, the Customer has the right, at any time, to access, rectify and oppose, if the processing is not essential to the execution of the order and the stay, as well as their consequences, all of his/her personal data by writing, by post and providing proof of his/her identity, to :
CAMPING DOMAINE LE QUERCY
894 chemin de Mont Marsis
46300 GROUDON
The customer declares that he/she has read these General Terms and Conditions of Sale and accepted them either by ticking the appropriate box before completing the online order procedure, or by accepting the general terms and conditions of use of the www.domainequercy.com website, or, in the case of off-line bookings, by any other appropriate means.
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, in accordance with the following terms and conditions:
- Availability ;
- Selection of stay ;
- Choice of options;
- Confirmation of order.
It is the Customer's responsibility to check the accuracy of the Order and to immediately notify the Service Provider of any errors. The Order will only be considered definitive once the Service Provider has sent the Customer confirmation of acceptance of the Order, by e-mail or post, or by signing the contract in the case of reservations made directly on the premises where the Service Provider markets the Services.
Any Order placed on the www.domainequercy.com website constitutes the formation of a distance contract between the Customer and the Service Provider.
All Orders are nominative and may not, under any circumstances, be transferred.
ARTICLE 3 - PRICES
The Services offered by the Service Provider are provided at the prices in force on the website www.domainequercy.com, or on any information medium of the Service Provider, at the time the Customer places the Order. Prices are expressed in Euros, exclusive of tax and VAT.
Prices take into account any discounts granted by the Service Provider on the www.domainequercy.com website or in any other information or communication medium.
These rates are firm and non-revisable during their period of validity, as indicated on the www.domainequercy.com website, in the e-mail or in the written proposal sent to the Customer. Beyond this validity period, the offer is null and void and the Service Provider is no longer bound by the prices.
They do not include the processing and administration costs of €20 per file, which are invoiced in addition, under the conditions indicated on the www.domainequercy.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 charges.
An invoice is drawn up by the Vendor and sent to the Customer at the latest upon payment of the balance of the price.
3.1. TOURIST TAX
The taxe de séjour, collected on behalf of the communauté de communes, is not included in the rates. The amount is determined per person per day and varies according to destination. It must be paid on arrival and is shown separately on the invoice.
3.2. ECO AWARENESS
An eco-awareness contribution has been set up to support our environmental projects. The amount is set as follows: 0.74€ per night and per person.
ARTICLE 4 - TERMS OF PAYMENT
4.1. PAYMENT IN ADVANCE
Sums paid in advance are deposits. They constitute an advance on the total price due by the Customer.
A deposit corresponding to 30% of the total price of the Services ordered is required when the order is placed by the Customer. It must be paid on receipt of the final rental contract, 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 Provider in the event of cancellation of the stay by the Customer (except in the cases provided for in article 6.4 of these terms and conditions).
The balance of the rental must be paid in full 30 days before the arrival date (otherwise the rental will be cancelled).
4.2. PAYMENTS
Payments made by the Customer will only be considered final once the amounts due have been received by the Supplier.
In the event of late payment and payment of sums due by the Customer beyond the deadline set out above, or after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the weekly rate of 10% of the amount including VAT of the price of the provision of Services, will be automatically and by right acquired by the Service Provider, without any formality or prior formal notice.
Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Service Provider may take against the Customer 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 terms of payment 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 after formal notice has remained without effect.
ARTICLE 5 - PROVISION OF SERVICES
5.1. PROVISION AND USE OF SERVICES
The accommodation and pitch may be occupied from 4pm on the day of arrival and must be vacated by 10am on the day of departure.
The balance of the stay must be paid in full:
- 30 days before the arrival date (under penalty of cancellation of this rental);
Bare pitches may be occupied from 3pm on the day of arrival and must be vacated by 11am on the day of departure.
The balance of the stay must be paid in full:
- 30 days before the arrival date (under penalty of cancellation of this rental);
The accommodation and pitches are designed for a specific number of occupants and may under no circumstances be occupied by a greater number of people. In addition, it is strictly forbidden to add any other type of accommodation to pitches already equipped with accommodation installed by the Service Provider.
Accommodation and pitches must be returned in the same state of cleanliness as on delivery. Failing this, the hirer must pay a fixed fee for cleaning as specified on the Provider's website. Any damage to the accommodation or its accessories will be repaired immediately at the tenant's expense. 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 security deposit of 300€ is required from the customer on the day the keys are handed over, and is returned on the day the rental ends, subject to deduction of any repair costs.
For bare pitches, a deposit of 30€ is required from the customer on the day of arrival. This deposit will be payable if the access badge is lost or damaged.
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 late arrival, early departure or a change in the number of people (whether for all or part of the planned stay).
6.1. MODIFICATION
In the event of a change in dates or number of people, the Provider will do its utmost to accept requests for date changes within the limits of availability, without prejudice to any additional charges; in all cases, this is merely an obligation of means, as the Provider cannot guarantee the availability of a pitch or accommodation, or another date; an additional charge may be requested in such cases.
Any request to reduce the length of the stay will be considered by the Provider as a partial cancellation, the consequences of which are governed by article 6.3.
6.2. INTERRUPTION
Early departure shall not give rise to any reimbursement by the Provider.
6.3. CANCELLATION
If a cancellation guarantee has been validly subscribed to and exercised, cancellation and reimbursement procedures are to be carried out in accordance with the general conditions of this guarantee.
It should be noted that the cancellation guarantee can only be taken out at the time of the initial reservation request, and that the customer undertakes to take note of the guarantee conditions proposed at the time of the initial reservation.
If no cancellation guarantee has been validly subscribed or validly exercised, no compensation will be granted to the customer.
In all cases of cancellation, the processing and management fees (article 3) will be retained by the Service Provider.
6.4. CANCELLATION IN THE EVENT OF A 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 booked stay (which is assimilated to a measure of total or partial prohibition of 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 Provider, the sums paid in advance by the Customer in respect of the booking of the stay which cannot be carried out will be the subject of a credit note in accordance with the legal or regulatory provisions governing the said closure or its consequences.
However, the Service Provider cannot be held liable for any additional compensation beyond this credit balance of the sums already paid for the reservation of the stay.
6.4.2. Any cancellation of the holiday duly justified by the fact that the Customer is affected by COVID 19 (infection) or any other infection considered to be part of a pandemic, or is identified as a contact case, and that this situation would jeopardize his/her participation in the holiday on the scheduled dates, will be made without any compensation or reimbursement from the Provider. It is the customer'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 entire stay due to government measures preventing participants from traveling (general or local confinement, travel bans, border closures), even though the campsite is able to fulfill its obligation and welcome Customers, the Provider will not be required to make any specific reimbursement. Please refer to article 6.3 CANCELLATION.
6.4.4 If the Customer has taken 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 - CUSTOMER OBLIGATIONS
7.1. CIVIL LIABILITY INSURANCE
Customers staying on a pitch or in accommodation must be covered by public liability insurance. A certificate of insurance may be requested from the Customer before the start of the service.
7.2. PETS
Pets are accepted in certain rentals only (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 the French rural code)), for a fee payable at the time of booking (only one pet per booking). Dogs remain the responsibility of their owners, must be kept on a leash at all times, and their droppings must be collected. Pets are not allowed near swimming pools, in or on the terraces of food shops or in buildings. Vaccination records must be up to date.
7.3. HOUSE RULES
Rules and regulations are posted at the entrance to the establishment and at reception. Customers are required to read and respect these rules. They are available on request.
7.4. RECHARGEABLE VEHICLE
Recharging a vehicle is prohibited. The Service Provider reserves the right to debit the Customer's entire deposit if this rule is breached.
7.5. VISITORS
Visitors are not permitted on the campsite premises. The Service Provider reserves the right to debit the Customer's Deposit if this rule is breached.
7.6 IMAGE
You expressly authorize the Service Provider, without compensation, to use photographs and/or films that may be taken during your stay for the communication needs of the campsite.
Any holidaymaker refusing to be photographed or filmed during their stay must inform the Service Provider in writing beforehand. You also authorize their distribution, publication and marketing on any type of media likely to be used.
ARTICLE 8 - OBLIGATIONS OF THE SERVICE PROVIDER - WARRANTY
The Service Provider guarantees the Customer, in accordance with legal provisions and without additional payment, against any lack of conformity or latent defect arising from a fault in the design or manufacture of the Services ordered.
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 will refund or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 2 days of the Service Provider's discovery of the defect or fault. Reimbursement will be made by credit to the Customer's bank account or by cheque sent to the Customer.
The Service Provider's guarantee is limited to the reimbursement of Services actually paid for by the Customer. The Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of an event of force majeure as usually recognized by French case law.
The Services provided through the Provider's website www.domainequercy.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 French Consumer Code.
ARTICLE 10 - PROTECTION OF PERSONAL DATA
The Service Provider, who writes this document, implements personal data processing operations that have as their legal basis:
The legitimate interest pursued by the Service Provider when it pursues the following purposes:
-prospecting
-Managing the relationship with its customers and prospects,
-the organization, registration and invitation to events of the Service Provider,
-processing, execution, prospecting, production, management, follow-up of requests and customer files,
-drafting acts on behalf of its clients.
Compliance with legal and regulatory obligations when it implements processing for the following purposes:
-prevention of money laundering and terrorist financing and the fight against corruption,
-billing,
-the accounting.
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 regard, customer data is stored for the duration of contractual relationships plus 3 years for promotional and prospecting purposes, without prejudice to retention obligations or limitation periods.
In the area of prevention of money laundering and terrorist financing, data is kept for 5 years after the end of the relationship with the Service Provider. In accounting terms, they are kept for 10 years from the end of the financial year.
The data of the prospects are kept for a period of 3 years if no participation or registration to the events of the Service Provider has taken place.
The data processed are intended for the authorised persons of the Service Provider.
Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, individuals have a right to access their data, to correct, query, limit, transfer or erase it.
Data subjects have also the right to object at any time, for reasons related to their particular situation, to a processing of personal data based on the legal basis of the legitimate interest of the Service Provider, and a right to object to commercial prospecting.
They also have the right to define general and specific guidelines defining how they intend to exercise, after their death, the above-mentioned rights
-by email at contact@domainequercy.com
-or by post to the following address: DOMAINE DE QUERCY, 894 chemin de Mont Marsis, 46300 GOURDON.
The persons concerned have the right to lodge a complaint with the CNIL.
ARTICLE 11-INTELLECTUAL PROPERTY
The content of the website www.domainequercy.com is the property of the Service Provider and its partners and is protected by French and international intellectual property laws.
Any reproduction, distribution, use or partial use of this content is strictly prohibited and may constitute a crime of infringement.
In addition, the Service Provider remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer) for the purpose of providing the Services to the Client. The Client therefore prohibits any reproduction or exploitation of such studies, designs, models and prototypes, etc., without the express prior written permission of the Service Provider who may condition it to a financial consideration.
The same applies to names, logos or more generally any graphic or text representation belonging to the Service Provider or used and disseminated by it.
ARTICLE 12 -APPLICABLE LAW -LANGUAGE
These General Terms and Conditions of Sale and the transactions resulting therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. If they are translated into one or more foreign languages, only the French text will be authentic in case of dispute.
ARTICLE 13 –DISPUTES
All disputes to which the purchase and sale transactions concluded in application of these general terms and conditions of sale could give rise, regarding their validity, interpretation, execution, their termination, consequences and consequences that could not have been resolved between the Service Provider and the Client shall be submitted to the competent courts under the conditions of ordinary law.
The Client is informed that he may in any case resort, in case of dispute, to a conventional mediation procedure or any other alternative mode of dispute resolution.
He can, in particular, make free use of the Ombudsman for Consumer Affairs.
By decision of 15 February 2021, the Commission d'évaluation et de contrôle de la médiation de la consommation (CECMC) has announced the removal of the Centre de médiation et de cyber-services –MEDICYS from the list of consumer mediators available on this site. As of the notification of this decision on 16 February 2021, MEDICYS may not engage in or pursue any mediation activity
Consumers who intend, after this decision of the CECMC, to submit a mediation request to MEDICYS will have to ask the professional with whom they have a dispute for the contact details of the new mediator appointed by that professional.
ARTICLE 14 -PRE-CONTRACTUAL INFORMATION -ACCEPTANCE OF THE CLIENT
The Customer acknowledges that he has been informed, prior to placing his order, in a legible and understandable way, of these General Terms and Conditions of Sale and all the information and information referred to in articles L 111-1 to L111-7 of the consumer code, in addition to the information required pursuant to the Decree of 22 October 2008 on prior information for consumers on the characteristics of rental accommodation in outdoor 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 associated fees;
-information relating to the Service Provider's identity, postal, telephone and electronic contact details, and its activities, if they are not clear from the context;
-information on legal and contractual guarantees and their implementation; the functionalities of digital content and, where appropriate, its interoperability;
-the possibility of using conventional mediation in case of dispute;
-information on the terms of termination and other important contractual conditions.
The fact that a natural person (or legal entity) orders on the www.domainequercy.com website constitutes full acceptance of these General Terms and Conditions, which is expressly acknowledged by the Customer, who renounces, in particular, to rely on any contradictory document, which would be unenforceable against the Service Provider.
