TERMS OF USE
Last revision: May 25, 2023
These Conditions
(1) This website (the "Site") and/or services, including any mobile applications connected thereto (collectively the "Services") and related services (the "Services") through the Site, are owned and operated by SASU LE GITE DU MARAIS (hereinafter also referred to as "we", "us" or "our"). These Terms of Business (the "Terms") set forth the terms and conditions under which visitors or users (collectively, the "user" or "you") may visit or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you acknowledge that you have read and agree to be bound by these Terms. If you do not agree to all of the Terms, you must not access the Site or use any of the Services. Please read these Terms carefully before accessing or using our Site or Services or purchasing any Products. In these Terms, you will find out who we are, how we sell you our Products, how you can cancel the purchase agreement and what you can do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parent or legal guardian.
(4) This site is published by LP Studio Graphique, siret number: 84852074800015.
The publication director is Louise Planchon.
You can contact us :
By phone : 06 03 72 79 41
By e-mail: lplanchonhubau@gmail.com
This site is hosted by Wix.com
These Terms are provided in French. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.
To use our Site and/or take advantage of our Services, you must be at least 15 years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if this is prohibited in your country, or by any law or regulation applicable to you.
In addition, before placing and confirming an order, you must read and accept these Terms.
Description of services
(1) You must carefully read the Description of the proposed Service before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with Article L. 111-1 of the French Consumer Code. These descriptions are designed to provide you with the fullest possible information on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Services offered are provided for information purposes only and are not binding on us.
Hotel services
(1) You may book the Hotel Services offered by us through our Site or Services in accordance with these Terms.
(2) The prices we charge are shown on the Site or the Services. We reserve the right to change the prices of the Hotel Services displayed at any time (provided that you will only be charged the amount agreed prior to any price change), and to correct any pricing errors that may inadvertently occur, with effect for the future. Further information on prices and value-added tax (VAT) at the current rate and other applicable taxes, fees or charges are available on the Site during the booking process and in the booking summary. Prices include value-added tax (VAT) at the prevailing rate and other mandatory taxes, fees and charges. They do not include local taxes, which you must pay in accordance with the applicable municipal law. Prices are invoiced in the hotel's local currency.
(3) Before you click on the "Booking subject to payment" button, all the Hotel Services you have selected, including the total price, are displayed again in a booking summary. You can then identify and correct any input errors before finally confirming your booking. By clicking on the "Reservation subject to payment" button, you place a firm order to reserve the Hotel Services on the dates you have chosen. However, your reservation request can only be placed and transmitted if you have accepted these Conditions by clicking on the checkbox provided for this purpose, and thus including them in your reservation request.
(4) We will then send you an automatic confirmation of receipt of your booking request by e-mail, in which your order will again be summarized, and which you can print or save using the corresponding function. The automatic confirmation of receipt merely documents receipt of your booking request and does not constitute acceptance of this order on our part.
(5) The legally binding agreement for the booking of Hotel Services is concluded only when we send you a notice of acceptance by e-mail. We reserve the right not to accept your booking request. This does not apply in cases where we offer a payment method for your booking request and you have chosen it, if a payment process is initiated immediately (e.g. electronic money transfer, or instant bank transfer via PayPal, or other similar payment method). In this case, the legally binding agreement concerning the Hotel Services is concluded when you complete the booking process, as described above, by pressing the "Booking subject to payment" button.
(6) Prices displayed on our Site or Services are an average per night and per lodging until a specific rate is selected. Meals or additional services are only included if indicated. A minimum length of stay, a deposit, cancellation fees or other conditions may apply to certain rates, as indicated.
(7) The gite is subject to maximum occupancy rules (10 people). For further information, please contact us.
Check-in and check-out requirements
(1) Check-in and check-out times are those indicated on our Site or Services.
(2) After this normal check-out time, a late check-out may be requested. This is subject to availability and will be charged. You are not entitled to a late check-out.
Payment
(1) Security deposit to be paid by cheque to "LE GITE DU MARAIS" (if not paid at time of booking): €1,000, non-refundable, to be returned on the day of departure or within 15 days at the latest. It is also possible to pay the deposit by bank transfer (IBAN: FR76 3000 4005 4000 0103 5048 981 BIC: BNPAFRPPXXX). Please provide us with your bank details for reimbursement after your departure.
(2) All outstanding charges must be paid in full on departure. If the outstanding charges do not exceed the authorization given at check-in, the debit authorization for the unused amount will be cancelled. This is usually done fairly quickly, but we have no control over how long it takes your credit card issuer or bank to do this.
Cancellation and no-shows policy
(1) Firm cancellation policy: full refund for cancellations made up to 30 days before arrival. If booked less than 30 days before arrival, full refund for cancellations made within 48 hours of booking and at least 14 days before arrival. For cancellations made more than 7 days prior to arrival, a 50% refund will be applied. No refunds will be made after this period.
(2) Cancellation and no-show charges may apply up to the amount agreed after the scheduled time. These will be charged to the amount agreed on the payment method provided at the time of booking.
Changes or cancellations on our part
(1) If it has been agreed at the time of booking that you may cancel the contract without reason and free of charge within a certain period, we are also entitled to cancel the contract within this period (e.g. in the event of failure to pay the contractually agreed deposit).
(2) In the event of a justified cancellation on our part, you will not be entitled to claim damages.
Force majeure
(1) We are not liable and will not pay any compensation if the performance of our obligations is prevented or affected, directly or indirectly, by or as a result of an act of God or any circumstance beyond our reasonable control, including but not limited to flood, earthquake, extreme weather, natural disaster, pandemic, act of terrorism, fire or failure of electricity, gas, water or any other utility, factory machinery, computer, vehicle or any collapse of building structures, and provided we have not acted negligently or culpably in any way.
Coupons, gift cards and other offers
(1) We may from time to time offer coupons, gift cards or discounts and other offers (the "Offers") relating to our Hotel Services. Such Offers are valid only for the period of time that may be specified in the Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
Service warranty
(1) Except as expressly provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim all other warranties or conditions, whether oral or written, including, but not limited to, accuracy, timeliness, completeness, results, performance, freedom from error or interruption of performance, title, non-infringement, quality, quality of information, quiet enjoyment, merchantability or fitness for a particular purpose (even if we have been advised of such purpose), as well as all representations, warranties, express or implied, or other conditions arising from course of performance, course of dealing or usage of trade.
Intellectual property
(1) Our Services and related content (and any derivative works or enhancements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned by or licensed to Us (collectively, "Our Intellectual Property"), and nothing herein grants You any rights in connection with Our Intellectual Property. Except as expressly provided herein or as required under mandatory provisions of applicable law for use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these terms are expressly reserved.
(2) If the Products include digital content such as music or videos, the rights indicated for such content on the Site will be granted to you.
Disclaimer of warranty for use of the Site and Services
(1) The Services, Our intellectual property and all documents, information and content provided in connection therewith which are made available to any user free of charge are provided "as is" and "as available", without warranty of any kind, either express or implied, including any warranty of fitness for a particular purpose and any warranty regarding the safety, reliability, timeliness, accuracy or performance of our services, except in the case of malicious non-disclosure of defects. We do not warrant that our free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. This will not affect the warranty of the Products you have purchased from us, as set out in the section "Warranty of the Services offered" above.
Compensation
(1) You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to your use of the Site and Services in violation of these Terms, including in particular any use that violates the limitations and requirements set forth in these Terms, except to the extent such circumstances are not caused by your fault.
Limitation of liability
(1) To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage that may result to you or any third party (including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use or the results of the use of this Site, (iii) any website linked to this Site or the materials on such linked websites.
(2) We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from any cause beyond our reasonable control and/or force majeure as defined in Article 1216 of the French Civil Code.
Modification of the Conditions or Services; interruption
(1) We reserve the right to change these Terms whenever necessary, at our sole discretion. You should therefore check them regularly. If we materially change these Terms, we will notify you that substantial changes have been made. Your continued use of the Site or our Service following any such change will constitute your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not access or use the Site or the Service.
(2) We may modify the Services, cease to provide the Services or any features of the Services offered by us, or create limits on the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you reasonable notice of such action if it is practicable in the circumstances, and we will reasonably consider your legitimate interests in taking such action.
Links to third-party sites
The Services may include links that will let you leave the Site. Unless otherwise stated, linked sites are not under our control and we are not responsible for their content, the links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third-party sites are provided for convenience only. The inclusion of links to other websites does not imply endorsement of their owners or content.
Applicable law
(1) These Terms shall be governed by and construed in accordance with the laws of France, excluding its conflict of law rules.
(2) If you wish to bring to our attention any matter, complaint or question relating to our site, please contact us: legitedumarais@orange.fr
If, after having contacted us, you feel that the problem has not been resolved, you have the right to have recourse to the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. of the French Consumer Code. To submit your request to the consumer ombudsman, please fill in the online dispute resolution form available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Various
(1) Animals: the present contract specifies that the customer may not stay with a pet. Should the customer fail to comply with this clause, the owner may refuse to accept the animals. This refusal can in no way be considered as a modification or breach of contract on the owner's initiative, so that in the event of the customer's departure no reimbursement can be considered.
(2) Guests agree to hold the owner entirely harmless in the event of any accident to themselves, their family or guests (to avoid any risk of accident, we ask you to keep a close eye on young children). Jumping, diving and swimming in the pond are STRICTLY FORBIDDEN to all persons.
(3) This refusal can in no way be considered as a modification or breach of contract on the owner's initiative, so that in the event of the customer's departure no reimbursement can be considered.
(4) No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.
(5) The section titles used in these Terms are for convenience only and have no legal substance.
(6) Unless otherwise specified, if any part of these Terms is held to be illegal or unenforceable for any reason, it is agreed that such part of these Terms shall be severed and the remaining terms of these Terms shall not be affected and shall remain in full force and effect.
(7) By accepting the Conditions, you agree not to contest the evidential value of documents exchanged via the Site, on the basis of their electronic nature. Computerized registers are considered as proof of communications, orders and payments made between us.
(8) Your acceptance of the Conditions constitutes an agreement of proof, within the meaning of article 1368 of the French Civil Code.
(9) You may not assign your agreement with us under these Conditions, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
(10) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the Services and the sale of the Products.
(11) The provisions of these Terms, which by their nature are intended to survive any action by us, will survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, limitations of liability and this "Miscellaneous" section.
Contact us :
To contact us, send an e-mail to