GENERAL CONDITIONS OF SALE - UPDATED November 2024
PREAMBLE
Host Designation:
La Maison de Marquay, EURL, registered with the RCS of BERGERAC under number 929 944 619, whose head office is located at 6 rue de la Traverse, MARQUAY 24620.
Phone: 05 53 59 53 59
Email address: contact@maisondemarquay.fr
Website address: www.maisondemarquay.fr
Article 1 – Legal regime
This contract is subject to the status of guest houses . Consequently, the client cannot, on the one hand, rely on the legal provisions applicable to residential leases, in particular with regard to remaining on the premises, and on the other hand, he is prohibited from any domiciliation in the residence for private or professional purposes. This prohibition on domiciliation results in the client being unable to make any request for housing assistance.
The provisions of Articles 1952 et seq. of the Civil Code relating to hoteliers are not applicable to La Maison de Marquay. Its liability cannot be incurred in the event of theft or damage to personal effects in the apartments, in the common areas, in the car parks and in any other outbuildings or annexes of the establishment.
Article 2 – Reservations
The reservation of a room at La Maison de Marquay is only valid after acceptance of the guest's reservation by the host. Confirmation of the reservation remains at the sole discretion of the host.To be firm, the reservation must be guaranteed by the payment of a deposit using a valid credit card issued by a reputable establishment. The deposit represents 30% of the amount of the stay.
In the case of reservations not guaranteed by the payment of a deposit and in the absence of arrival of the customer at 6 p.m. on the day of the start of the stay, the host reserves the right to cancel the reservation and re-let the room. For reservations made online and in accordance with Article L. 121-20-4 of the Consumer Code, the customer is informed that he does not benefit from the right of withdrawal attached to distance selling.
Article 3 – Price
The price to be paid includes the provision of the room and breakfast. The optional services listed in the rental contract and the tourist tax.Optional services not included in the rental contract, consumed during the stay, are invoiced on the payment dates defined in article 4.
Article 4 – Payment terms
Invoices are issued in the name of the customer or the legal entity that is paying for the stay. The customer must provide proof that the said person is paying for their stay, failing which the invoice will be issued in their name, which they accept from now on. In this case, it is therefore they who will have to pay the price of their stay.
The customer pays the price of their stay upon arrival, with any additional services consumed being paid for upon departure.
Article 5 – Cancellations
In the event of cancellation of the reservation, cancellation compensation is collected automatically and without formalities by La Maison de Marquay, in the following cases and under the following conditions:
· No cancellation fees more than 8 days before the arrival date, refund of the deposit received,
· The deposit remains acquired by La Maison de Marquay in the event of cancellation between 2 and 7 days before the arrival date,
· 100% of the amount of the stay in the event of no-show or cancellation less than 24 hours in advance.
The amounts thus refunded and in relation to the cancellation conditions set out above, will be reduced by bank charges (at least 3%). The refund will be processed within 10 to 15 days.
It is recalled here that in accordance with Article L. 121-20-4 of the Consumer Code, the customer who has made an online reservation does not benefit from the right of withdrawal attached to distance selling.
Article 6 – Duration of stay
No rental contract may be signed for a period exceeding 6 months.
Extension of stay.
Subject to availability and at the discretion of the host, the length of the stay may be extended; in this case, a new contract is signed. La Maison de Marquay is not obliged to keep the client in the same room, nor to offer them a room of the same category. In any event, the rate is that corresponding to the new room rented, in effect on the day the new rental begins. Any extension requires that all sums owed by the client for their previous stay be settled in advance.
Early departure.
The stay may be interrupted before the contractually agreed term, by informing the host within the following time limits:
· 48 hours in advance, and on the understanding that the entire stay is paid upon arrival, the host will make a refund equivalent to the duration of the shortened stay,
· less than 48 hours in advance, and on the understanding that the entire stay is paid upon arrival, the host will make a refund equivalent to the duration of the shortened stay, from which one night will have been deducted.
Article 7 – Obligations of the resident
The room and the common areas presented to the client upon arrival are made available to the resident, in good condition. The customer is required to communicate any non-conformity that he notices during the execution of the stay. Each customer must use the rented premises and their facilities, as a "good father" by complying with the provisions of this contract and the rules specified in each of the rooms. Upon departure, an inventory is carried out and the inventory is checked. Any missing or damaged object will be invoiced to the customer.
Article 8 – Termination – Sanction – Non-renewal
The contract signed with the customer is terminated automatically, without formality and without notice in the event of non-performance by the customer of its obligations, and in particular late payment. The customer must immediately leave the premises and may be evicted if necessary, with the assistance of the police.
Article 9 - Protection of personal data
Data collected
As part of its activity, the host implements and operates personal data processing relating to Customers. As such, the host collects the following personal data: first name, last name, title, postal address, email address, telephone number, specific features noted in the contract, payment terms.
Purposes
The collection of this personal data is essential for contractual performance and in the event of refusal to communicate it, the Client is exposed to difficulties in the performance of the service which cannot give rise to the host being held liable.
These personal data are collected for the exclusive purpose of ensuring the management of the Host's Customers in the context of the conclusion of the contract and its execution, on the basis of the Customer's consent. They are only used for the purposes to which the Customer has consented.
More specifically, the purposes are as follows:
● Identification of persons using and/or reserving the services,
● Formalization of the contractual relationship,
● Performance of services booked with the host,
● Contract management and reservations (including room allocation, travel management),
● Accounting, including management of customer accounts and monitoring of customer relations,
● Processing of operations relating to Customer management,
● Commercial communications and prospecting, animation.
Persons authorized to access the data
The persons authorized to access the data collected within La Maison de Marquay are as follows: the employees of the host and its partners involved in the services requested by the Client, and where applicable, the host's subcontractors participating in the performance and/or administration of the services and required to intervene in this capacity on the processing, it being specified that in such a case, whether they are partners or subcontractors, this is done in compliance with the regulations in force.
Data retention
This personal data collected is kept for the legal retention period relating to the purpose of the processing and for a maximum of 5 years.
Personal data relating to the Customer's bank card are kept exclusively for the period necessary to complete the transaction.
The Host implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Host cannot guarantee the security of the transmission or storage of information on the Internet.
Rights of the holder of the data collected
In accordance with the applicable regulations on personal data, each user has the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of their personal data. It is possible to request that this data be rectified, completed, clarified, updated or deleted.
This right can be exercised by mail to the address: La Maison de Marquay – Processing of personal data
6 rue de la Traverse 24620 MARQUAY
Or by email to contact@maisondemarquay.fr
Amendment of the clause
The Host reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the host undertakes to publish the new version on its site.
Article 10 – Force majeure
Any event beyond the control of the Parties, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, is considered to prevent the debtor from performing his obligation and results in the suspension of the contract. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Article 11 – Dispute Resolution
These general conditions are subject to the application of French law. This applies to both substantive and formal rules.