Reservation of accommodation or pitches by private individuals
Provider details:
Camping le Lavandin, operated by Mr Philippe Varlet.
Legal form: SAS,
Address: 591 route de la Distillerie 04800 Esparron de Verdon.
Telephone: 0492774131.
Mail: infos@campinglavandin.com
DEFINITIONS:
Booking and rental: Purchase of Services.
SERVICES: Seasonal rental of accommodation or bare “tourism” pitches.
ACCOMMODATION: Tent, caravan, mobile leisure home and light leisure home. SITE : Bare plot of land.
ARTICLE 1
SCOPE OF APPLICATION OF GENERAL TERMS AND CONDITIONS OF SALE: These General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation or bare pitches on the grounds of Camping le Lavandin, operated by Mr Varlet Philippe (‘the Provider’), to non-professional customers (‘the Customers’ or ‘the Customer’), on its website www.campinglavandin.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, which are covered by a “leisure” contract. The main characteristics of the Services are presented on the www.campinglavandin.com website, or in written form – paper or electronic – in the case of reservations made by means other than a distance 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 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 : 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.campinglavandin.com website, or, in the case of off-line bookings, by any other appropriate means.
ARTICLE 2
BOOKING CONDITIONS: Pitches and accommodation may only be booked via the online booking interface available on the www.campinglavandin.com website. The customer indicates the dates of stay and the number of people. The interface then proposes the available accommodations. The customer chooses the type of accommodation or pitch, and then provides the information required to finalize the booking (surname, first name, age, date of birth of the various participants, postal address, e-mail address, cell phone number). The customer can then choose any optional extras (electricity, refrigerator rental, bed linen rental, etc.), which may entail an additional cost indicated opposite each option. Cancellation insurance can be taken out after the options have been selected, but not after the reservation has been made. The customer may then finalize the booking by paying a deposit. It is the Customer’s responsibility to check the accuracy of the order and to notify the Supplier immediately of any errors. The order will only be considered definitive once confirmation of acceptance of the order has been sent to the Customer by the Service Provider, by e-mail or post, or by signature of the contract in the case of bookings made directly on the premises where the Service Provider markets the Services. Any Order placed on the www.campinglavandin.com website constitutes the formation of a distance contract between the Customer and the Service Provider. All Orders are non-transferable.
ARTICLE 3
PRICES. The Services offered by the Service Provider are provided at the prices in force on the website www.campinglavandin.com, or on any information medium of the Service Provider, when the order is placed by the Customer. Prices are expressed in Euros, exclusive of tax and VAT. Prices take into account any discounts granted by the Service Provider on the www.campinglavandin.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.campinglavandin.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. A tourist tax of €0.70 and an eco-participation fee of €0.30 will be added to the basic rate, calculated per person over 18 and per night. The payment requested from the customer corresponds to the total amount of the purchase, including the tourist tax and eco-participation charges.
TOURIST TAX The tourist tax, collected on behalf of the DLVA, is not included in the basic rates. The amount is determined per person over 18 and per day. It must be paid at the time of booking.
ARTICLE 4
PAYMENT TERMS
4.1 DEPOSIT Advance payments are deposits. They constitute a credit against the total price due by the Customer. A deposit corresponding to 25% of the total price for the provision of the Services ordered is required when the Customer places the order. It must be paid on receipt of the final rental contract. It will be deducted from the total amount of the order. The deposit will not be reimbursed by the Service Provider in the event of cancellation of the stay by the Customer. The balance of the stay must be paid in full 30 days before the date of arrival for accommodation bookings (otherwise the booking will be cancelled). If the reservation is made less than 30 days before the arrival date, the customer must pay the total amount of the stay at the time of reservation (otherwise the reservation will be cancelled). The balance of the stay must be paid on site for pitch bookings.
4.2 PAYMENTS Payments made by the Customer will only be considered definitive once the amounts due have been received by the Supplier. In the event of late payment and payment of sums due by the Customer after the deadline set out above, or after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the rate of 15% of the price of the provision of Services, inclusive of tax, will be automatically due and payable by the Provider, without any formality or prior 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 be entitled to 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 payment terms set out above, to suspend or cancel the supply of 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 AVAILABILITY AND USE OF SERVICES Arrivals for pitches and accommodation must take place during reception opening hours.
5.1.1 : Conditions for pitches : Pitches may be occupied from 3 p.m. on the day of arrival and must be vacated by 11 a.m. on the day of departure. Any departure from the camping pitch after 11 a.m. will result in the invoicing of an additional night’s stay. Any extension of the stay must be made at least 48 hours before the scheduled departure date. The balance of the stay must be paid in full on the day of arrival. The pitch is intended for a specific number of occupants at the time of rental, and may under no circumstances be occupied by a greater number of people.
5.1.2 : Accommodation conditions : Accommodation may be occupied from 3 p.m. on the day of arrival and must be vacated by 11 a.m. on the day of departure. Any key returned after 11 a.m. will result in the invoicing of an additional night’s stay. The balance of the stay must be paid in full 30 days before the arrival date (otherwise the rental will be cancelled). Any extension of the stay must be made at least 48 hours before the scheduled departure date. The accommodation is intended for a specific number of occupants at the time of rental, and may under no circumstances be occupied by a greater number of people. The accommodation and pitches must be returned in the same state of cleanliness as when delivered. Failing this, the tenant will be required to pay a flat-rate cleaning fee of €80. 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 of the rental period. If no notice is given, the rental will become available 8 hours after the arrival date stated on the booking contract. After this time, and in the absence of a written message, the reservation will be void and all payments will be forfeited to the campsite management.
5.2 DEPOSIT For accommodation rentals, a deposit of €290 is required from the customer on the day the keys are handed over. The deposit may be paid in cash, by credit card or by cheque. If the deposit is paid by cheque, the deposit must be paid by two cheques: a first cheque for 210 euros and a second cheque for 80 euros. The deposit will only be returned to the customer within a maximum of 7 days following departure from the campsite, after deduction of any costs incurred for repairs. This deposit does not constitute a limit of liability.
ARTICLE 6
DELAY, INTERRUPTION OR CANCELLATION OF STAY BY CUSTOMER No reduction will be granted in the event of late arrival, early departure or change in the number of people (whether for all or part of the planned stay). We advise you to take out cancellation insurance at the time of booking, which enables you to obtain reimbursement of sums paid in the event of cancellation of your stay or early departure under certain conditions (illness, accident).
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, and 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; in such cases, an additional charge may be requested. Any request to reduce the length of 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 will not give rise to any reimbursement by the Provider.
6.3 CANCELLATION In the event of cancellation of the Reservation by the Customer after its acceptance by the Provider more than 30 days at least before the scheduled date for any reason whatsoever except force majeure, the deposit paid on the Reservation, as defined in article 4 – PAYMENT CONDITIONS of the present General Terms and Conditions of Sale, shall be automatically acquired by the Provider as compensation, and shall not give rise to any reimbursement whatsoever. In the event of cancellation of the Reservation by the Customer after its acceptance by the Provider less than 30 days before the scheduled date for any reason whatsoever, except force majeure, the full amount of the stay, as defined in article 4 – PAYMENT CONDITIONS of these General Terms and Conditions of Sale, shall be automatically acquired by the Provider, by way of compensation, and may not give rise to any reimbursement whatsoever. In all cases of cancellation, the reservation fee (article 3) will be retained by the Service Provider.
ARTICLE 7
CUSTOMER’S OBLIGATIONS
7.1 CIVIL LIABILITY INSURANCE It is compulsory for customers staying on a pitch or in accommodation to be covered by civil liability insurance. A certificate of insurance may be requested from the Customer before the start of the service.
7.2 PETS Pets are accepted under the responsibility of their owners free of charge. 1st and 2nd category dogs are prohibited. Customers undertake to keep their pets on a leash on the campsite premises and on their pitch. Animal droppings must be collected or the contract will be terminated immediately, with no possibility of reimbursement. Pets are not allowed in the accommodation. The presence of pets without the owner’s consent will result in immediate termination of the present contract, with no possibility of reimbursement.
7.3 INTERNAL RULES Internal rules are posted at the entrance to the establishment and at reception. Customers are required to read and comply with them. They are available on request.
ARTICLE 8
SERVICE SUPPLIER’S OBLIGATIONS – GUARANTEE
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 design or manufacturing fault in 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 conformity within a maximum period of 7 days from the provision of the Services. The Service Provider will reimburse or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 30 days of the Service Provider’s discovery of the defect or fault. Reimbursement will be made by crediting the Customer’s bank account or by cheque sent to the Customer. The Service Provider’s warranty 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.campinglavandin.com comply with the regulations in force in France.
ARTICLE 9
RIGHT OF WITHDRAWAL
Activities relating 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, as drafter of the present document, implements the processing of personal data whose legal basis is:
Either the legitimate interest pursued by the Service Provider when it pursues the following purposes: – canvassing – managing relations with customers and prospects, – organizing, registering for and inviting to the Service Provider’s events, – processing, executing, canvassing, producing, managing and following up customers’ requests and files, – drafting deeds on behalf of its customers.
the prevention of money laundering and the financing of terrorism and the fight against corruption, – invoicing, – accounting. The Service Provider retains data only for as long as is necessary for the operations for which it was collected, and in compliance with current regulations. In this respect, customer data is kept for the duration of the contractual relationship, plus 3 years for marketing and prospecting purposes, without prejudice to retention obligations or limitation periods. With regard to the prevention of money laundering and the financing of terrorism, data is kept for 5 years after the end of the relationship with the Service Provider. For accounting purposes, data is kept for 10 years from the end of the financial year. Prospective customers’ data is kept for a period of 3 years if no participation or registration in the Provider’s events has taken place. The data processed is intended for use by the Service Provider’s authorized personnel. Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, individuals have the right to access, rectify, query, limit, portability and delete data concerning them. Data subjects also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data whose legal basis is the legitimate interest of the Service Provider, as well as the right to object to commercial canvassing. They also have the right to define general and specific directives defining the way in which they intend the above-mentioned rights to be exercised after their death – by e-mail to the following address e-mail address – or by post to the following address: Surname, first name Company name Postal address accompanied by a copy of a signed identity document. The persons concerned have the right to lodge a complaint with the CNIL.
ARTICLE 11 –
INTELLECTUAL PROPERTY
The content of the www.campinglavandin.com website is the property of the Service Provider and its partners and is protected by French and international intellectual property laws. Any reproduction, distribution or use of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright. In addition, the Service Provider retains all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) with a view to providing the Services to the Customer. The Customer therefore refrains from reproducing or exploiting said studies, drawings, models, prototypes, etc., without the express, written and prior authorization of the Service Provider, which may be subject to financial consideration. The same applies to names, logos or, more generally, any graphic representation or text belonging to or used and distributed by the Service Provider.
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. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 13
DISPUTES
All disputes to which the purchase and sale operations concluded in application of the present general terms and conditions of sale may give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved between the Service Provider and the Customer, will be submitted to the competent courts under the conditions of common law. The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method. In particular, they may have free recourse to the following Consumer Mediator:
CM2C – 14 rue Saint Jean 75017 PARIS – 01 89 47 00 14 – https://cm2c.net
ARTICLE 14
PRE-CONTRACTUAL INFORMATION
CUSTOMER ACCEPTANCE The Customer acknowledges that, prior to placing his Order, he has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information and details referred to in articles L 111-1 to L111-7 of the French Consumer Code, in addition to the information required in application of the decree of October 22, 2008 relating to prior consumer information 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 concerning the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context; – information on legal and contractual warranties and how to enforce them; the functionalities of the digital content and, where applicable, its interoperability; – the possibility of recourse to conventional mediation in the event of a dispute; – information on termination terms and other important contractual conditions. The fact that a natural person (or legal entity) places an order on the www.campinglehounta.com website implies full acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who notably waives the right to invoke any contradictory document, which would be unenforceable against the Service Provider.