General Terms and Conditions of Sale
1. Purpose
These General Terms and Conditions define the rights and obligations of the parties in the context of remote booking of services offered by our establishment, whose contact details are specified in the booking confirmation document. They govern all the necessary steps for booking and follow-up between the contracting parties. The customer acknowledges having read and accepted these General Terms and Conditions and the sales conditions of the selected rate, which are accessible on our booking platform. These General Terms and Conditions apply to all bookings made online via our booking platform.
2. Booking
The customer selects the services presented on our booking platform. They acknowledge having been informed of the nature, destination, and booking terms of the services available on our platform and having obtained the necessary and/or additional information to make their booking with full knowledge of the facts. The customer is solely responsible for their choice of services and their suitability for their needs, so our liability cannot be sought in this regard. The booking is deemed accepted by the customer at the end of the booking process.
Note: The establishment is not accessible to people with reduced mobility.
3. Booking Process
Bookings are made by the customer via the dematerialized booking voucher available online on our booking platform. The booking is deemed final upon receipt of the booking voucher. The customer commits, prior to any booking, to completing the requested information on the voucher or booking request. The customer certifies the accuracy of the information provided. After the final selection of services to be booked, the booking procedure includes entering the bank card details for guarantee or prepayment, consulting and accepting the General Terms and Conditions and the sales conditions of the selected rate before validating the booking, and finally, the customer's validation of the booking.
4. Booking Confirmation
Our booking platform immediately acknowledges receipt of the customer's booking by sending an email. For online bookings, the email confirmation summarizes the contract offer, the booked services, prices, the sales conditions associated with the selected rate accepted by the customer, the booking date, after-sales service information, and the address of the establishment where the customer can submit complaints.
5. Cancellation or Modification by the Customer
The customer is reminded, in accordance with Article L. 121-21-8 12° of the French Consumer Code, that they do not have the right of withdrawal provided for in Article L. 121-21 of the French Consumer Code. The sales conditions of the selected rate specify the terms of cancellation and/or modification of the booking. Unless otherwise specified (e.g., non-refundable special offer at a reduced price), the customer may cancel their booking free of charge up to 24 hours before the scheduled arrival time, i.e., 5:00 PM the day before. The customer will be charged 100% of the total amount if they cancel after this date and time.
If the customer does not show up at the establishment, they will also be charged the full amount. The establishment reserves the right to grant more favorable conditions to the customer in exceptional cases upon presentation of supporting documents (please contact us). Non-cancelable bookings (special offers) cannot be canceled with a refund. They may, with the establishment's agreement, be postponed without charge, subject to room availability at the same rate, or by mutual agreement, with a supplement corresponding to the difference between the initial rate and that of the new chosen date (available on our website). However, if the new rate is lower, no refund will be made. Postponement is possible only once and within a maximum period of one year.
When the sales conditions of the selected rate allow, cancellation of the booking can be done directly by phone or email to the establishment, whose telephone contact details are provided in the booking confirmation email. All bookings are nominative and cannot under any circumstances be transferred to a third party, whether free of charge or for payment.
6. Consumption of the Service
In accordance with the regulations in force in certain countries, the customer may be asked, upon arrival, to fill out a police form. To do so, the customer will be asked to present an identity document to verify whether they need to complete the police form. Any behavior contrary to public order and morals will result in the establishment asking the customer to leave the premises without any compensation and/or refund if payment has already been made. For establishments with internal regulations, the customer accepts and undertakes to comply with said regulations. In the event of non-compliance by the customer with any of the provisions of the internal regulations, the establishment will be obliged to ask the customer to leave the premises without any compensation and/or refund if payment has already been made.
7. Liability
The photographs presented on our booking platform are not contractual. Although every effort is made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the establishments presented provide as accurate an overview as possible of the services offered, variations may occur between the time of booking and the day of service consumption. In the event of a dispute, textual descriptions take precedence over visuals.
The establishment cannot be held liable for the non-performance or poor performance of the booking in the event of force majeure, third-party actions, customer actions (e.g., unavailability of the internet network, inability to access the website, external intrusion, computer viruses), or unauthorized prepayment by the cardholder's bank. Any booking or payment that is irregular, inoperative, 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 latter.
8. Complaints
Complaints relating to the non-performance or poor performance of the booked services must be submitted to us in writing within fifteen days of the departure date from the establishment, otherwise they will be time-barred.
9. Prices
The prices for booking services are indicated before and during the booking. Prices are confirmed to the customer in VAT-inclusive amounts, in the establishment's commercial currency, and are only valid for the duration indicated on the booking platform. If the charge to the establishment is made in a currency other than that confirmed on the booking, exchange fees are the customer's responsibility. All bookings, regardless of their origin, are payable in the establishment's local currency in cash, by bank card, transfer, and holiday vouchers, and excluding bank checks.
Unless otherwise stated on the booking platform, additional services are not included in the price. Local taxes (local taxes, tourist taxes, etc.), where applicable, presented on the rates page, are to be paid directly on-site to the establishment at the end of the stay and in cash only. They are calculated per adult and per night, excluding residents of the European Metropolis of Lille and seasonal workers (exemption upon presentation of proof). Prices take into account the applicable VAT rate on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoicing date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoicing date.
10. Payment
The customer provides their bank details as a guarantee for the booking, except for special conditions or rates, using a credit or private bank card (Visa, Mastercard, American Express, Diners Club, etc., depending on the options offered by the establishment's booking platform), by directly entering, in the designated secure area (SSL encryption), the card number without spaces, its expiry date (the card used must be valid at the time of service consumption), and the visual cryptogram. The customer must present themselves at the establishment with the bank card used to guarantee the booking. Payment is debited at the establishment during the stay, except in the case of special conditions or rates called "non-refundable," where the total payment is debited at the time of booking or on any date between the booking and the actual stay.
To guarantee the maintenance of a booking, the establishment reserves the right to debit the card for a deposit, generally 10% (or the price of the first night), depending on the "booking window" (e.g., ten days before the scheduled arrival) and after informing the customer by email. This prepayment is considered a deposit; it is refundable if the cancellation is made within the deadlines indicated in the subscribed offer; beyond that, it is acquired by the establishment in case of cancellation and otherwise deducted from the final invoice.
In the event of a "no-show" (non-canceled booking – customer not present), the establishment may debit the customer, as a flat-rate compensation, the total price of the booking. The establishment has chosen elloha.com/stripe.com to secure online card payments. The validity of the customer's payment card is verified by stripe.com. There may be a refusal of the payment card for several reasons: stolen card, blocked card, limit reached, entry error, etc. In case of a problem, the customer must contact their bank on the one hand and the establishment on the other to confirm their booking and payment method. In the case of a rate subject to online prepayment, the advance payment, which constitutes the deposit, is debited at the time of booking. The establishment provides an invoice (bill) electronically by default upon payment and can also provide a printed version, but only upon the customer's request.
The original file is certified and available online at the internet address communicated by the establishment.
11. Privacy Policy
The customer is informed, on each personal data collection form, of the mandatory or optional nature of the responses by the presence of an asterisk. The processed information is intended for the establishment, elloha.com, its entities, its partners, and its service providers (including online payment providers). The customer authorizes elloha.com to communicate their personal data to third parties, provided that such communication is compatible with the operations entrusted to elloha.com under these General Terms and Conditions and in connection with the Customer Data Protection Charter. In particular, during online payment, the customer's bank details must be transmitted by the payment provider stripe.com to the establishment's bank for the execution of the booking contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate personal data protection under the French Data Protection Act. However, the customer consents to this transfer, which is necessary for the execution of their booking. Constellation SAS/Stripe.com, in their capacity as professionals, have undertaken to the establishment to take all security measures and respect the confidentiality of data for said data transfers.
12. Evidence Agreement
The entry of the required banking information, as well as the acceptance of these General Terms and Conditions and the voucher or booking request, constitutes an electronic signature that has, between the parties, the same value as a handwritten signature. The computerized records kept in elloha.com's computer systems will be kept under reasonable security conditions and considered as proof of communications, orders, and payments made between the parties. The customer is informed that their IP address is recorded at the time of booking.
13. Force Majeure
Force majeure refers to any event external to the parties that is both unpredictable and insurmountable and prevents either the customer or the establishment from fulfilling all or part of the obligations provided for in the contract. Events considered as force majeure or unforeseen circumstances are those habitually recognized by the jurisprudence of French Courts and Tribunals. Neither party shall be liable to the other in the event of non-performance of 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 therefrom.
14. Dispute Resolution
These General Terms and Conditions are governed by the law of the country of the establishment, without prejudice to any mandatory protective provisions that may apply in the country of residence of consumers. In the event of a persistent dispute, the customer is informed that they can use the services of a consumer mediator free of charge. The contact details of the competent mediator are available upon request or on our website. In the event of failed mediation, for French individual customers, the courts of the customer's domicile shall have sole jurisdiction in accordance with the applicable legal provisions. For professional customers, the Lille Judicial Court shall have sole jurisdiction. In any case, only French law applies.
15. Entire Agreement
These General Terms and Conditions, the sales conditions of the rate selected by the customer, and the voucher or booking request express the entirety of the parties' obligations. 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 order of decreasing priority, the voucher or booking request (including the particular conditions of the selected rate) and these General Terms and Conditions. In the event of a contradiction between the booking voucher and the General Terms and Conditions, the provisions of the booking voucher shall be the only ones applicable to the obligation in question. These General Terms and Conditions of online sale may be modified and/or supplemented by the establishment at any time. In this case, the new version of the General Terms and Conditions of online sale will be posted online by the establishment. As soon as they are posted online, the new version of the General Terms and Conditions of online sale will automatically apply to all customers.
These General Terms and Conditions are written in French, and this version takes precedence over any translations.