I. GENERAL CONDITIONS OF SALE
1. RECOGNITION BY THE GENERAL TOURISM COMMISSIONER
The lessor certifies that the leased property complies with the provisions of the Walloon Tourism Code of 1 April 2010.
2. PURPOSE
These general conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by our establishment, the contact details of which are specified in this reservation confirmation document. They govern all the steps necessary for the reservation and the follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general conditions of sale and the conditions of sale of the reserved rate accessible on our reservation platform. These general conditions of sale apply to all reservations made online, via our reservation platform.
3. RESERVATION
The customer chooses the services presented on our booking platform.He acknowledges having read the nature, destination and booking methods of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make his booking in full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability for his needs, so that our liability cannot be sought in this regard. The reservation is deemed accepted by the customer at the end of the reservation process.
4. RESERVATION PROCESS
Reservations made by the customer are made via the dematerialized reservation form accessible online on our reservation platform. The reservation is deemed to have been made upon receipt of the reservation voucher. The customer agrees, prior to any reservation, to complete the information requested on the voucher or the reservation request. The customer certifies the veracity and accuracy of the information provided.After the final choice of the services to be reserved, the reservation procedure includes in particular the entry of the bank card in the event of a guarantee or prepayment request, consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate. before the validation of the reservation and, finally, the validation of the reservation by the customer.
5. ACKNOWLEDGMENT OF RECEPTION
Our reservation platform acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online booking, the acknowledgment of receipt of the reservation by e-mail summarizes the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the customer, the date of reservation made, information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit his complaints.
6. USE OF RENTED PROPERTIES
The tenant uses the rented property in accordance with its destination and as a good father. He is required to respect the maximum capacity provided. Any violation of this clause may result in the immediate termination of this contract, at the fault of the tenant, the amount of the rental remaining definitively acquired by the lessor.
7. ANIMALS
Animals are not allowed.
8. DEPOSIT
The deposit is intended to cover all debts for which the tenant may remain liable to the lessor when the premises are returned.
In the event of a dispute, the lessor may, under his responsibility, keep the deposit until the responsibilities are clearly established.
If it turns out that the tenant is not liable for the sums claimed and that all or part of the deposit must be returned, the lessor will owe interest, at the legal rate, on the amount to be returned finally.
9. ""EQUIPMENT AND COMFORT"" INVENTORY
At the beginning and at the end of the stay, the owner takes an inventory of the equipment of the rented property.
The tenant must return the property in the condition in which he received it. He answers for any loss or damage. Any discrepancy with the inventory or anomaly must be reported to the lessor or his representative, no later than 10:00 a.m. the day after the day of arrival.
10. CANCELLATION – EARLY DEPARTURE
The customer is reminded, in accordance with Article L. 121-21-8 12° of the Consumer Code, that he does not have the right of withdrawal provided for in Article L. 121-21 of the Consumer Code. consumption. The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation. Reservations with prepayment cannot be modified and/or canceled. The amounts paid in advance that are the deposit will not be refunded. In this case, it is mentioned in the conditions of sale of the tariff.When the conditions of sale of the reserved rate allow it, the cancellation of the reservation can be made directly with the establishment, whose telephone numbers are specified on the confirmation of the reservation sent by e-mail. All reservations are nominative and may under no circumstances be transferred to a third party, whether free of charge or against payment. Any cancellation must be notified by registered letter, fax or e-mail confirmed by post. In this case, 30% of the amount of the reservation remains with the lessor as compensation.
This compensation is increased to:
- 50% of the price of the stay if the cancellation occurs 14 to 5 days before the start of the stay.
- 100% of the price of the stay if the cancellation occurs less than 5 days before the start of the stay or if the tenant does not show up.
If the cancellation is due to the lessor, the lessor may offer the lessee accommodation of the same quality or of higher quality at the price of his reservation.
In the absence of such a proposal or in the event of refusal by the tenant, the lessor must reimburse the tenant the deposit paid as well as the balance of the price of the stay if this has already been paid.
If the tenant does not show up within 24 hours of the arrival date mentioned on the contract:
- the contract becomes null and void,
- 100% of the price of the stay remains with the lessor,
- the lessor can dispose of his property. The premature departure of the tenant, and whatever the reason, does not entail any refund - even partial - of the price of the stay.
11. LIABILITY – INSURANCE
The tenant occupies the premises as a good father. He engages his responsibility for the rented property, the equipment and the land made available to him. He reimburses the lessor for all costs incurred by him and undertakes to report any damage. By renting the accommodation, the tenant is legally bound to return it in the state in which he received it, including in the event of fire (art 1732, 1733 and 1735 CC.).If applicable (see special clauses) the tenant has his rental liability covered by a FIRE insurance policy of the GLOBAL type, both for rental risks (the building) and for the contents (furniture, etc.) made available to him. . These risks can be covered by the "resort" extension of the tenant's FIRE insurance policy. The tenant is invited to contact his insurer to check his contract.
12. SOLIDARITY
The obligations of this lease are indivisible and joint and several with regard to the tenant, his heirs or his assigns, in any capacity whatsoever.
13. RESPECT FOR THE NEIGHBORHOOD AND THE ENVIRONMENT
The tenant undertakes to adopt a behavior respectful of the inhabitants and the environment in general: fauna, flora, various equipment, etc.
14. CONSUMPTION OF THE SERVICE
Pursuant to the regulations in force in certain countries, the client may be asked, on arrival, to complete a police form.To do this, the customer will be asked to present an identity document in order to verify whether or not he must complete the police form. Any behavior contrary to morality and public order will lead the establishment to ask the customer to leave the establishment without any compensation and/or without any 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 one of the provisions of the Internal Regulations, the establishment will be obliged to invite the customer to leave the establishment without any compensation and or without any refund if a regulation has already been been carried out.
15. LIABILITY
The photographs presented on our booking platform are not contractual.Even if all the best efforts are made so that the photographs, graphic representations and the texts reproduced to illustrate the establishments presented give as accurate an overview as possible of the services offered, variations may occur between the time of the reservation and the day of the reservation. consumption of the service. The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to a third party, due to the customer, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of prepayment not authorized by the bearer's bank. Any reservation or payment that is irregular, ineffective, 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.
16. COMPLAINTS
Complaints relating to the non-performance or poor performance of the reserved services must, under penalty of foreclosure, be brought to our attention in writing within eight days after the date of departure from the establishment.
17. PRICE
The prices relating to the reservation of services are indicated before and during the reservation. The prices are confirmed to the customer in the amount including tax, in the commercial currency of the establishment, and are only valid for the duration indicated on the booking platform. If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange costs are the responsibility of the customer. All reservations, whatever their origin, are payable in the local currency of the establishment, except for special provisions indicated on site. Unless otherwise stated on the booking platform, additional services are not included in the price.Taxes (local taxes, tourist taxes, etc.) if applicable, presented on the rates page, are to be paid directly on site with the establishment. The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to VAT will be automatically passed on to the prices indicated on the date of invoicing. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be passed on to the prices indicated on the date of invoicing.
18. PAYMENT
The customer communicates his bank details as a guarantee of the reservation except conditions or special rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club... according to the possibilities offered by the reservation platform of the establishment. ) by indicating directly, in the area provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the figures, as well as its validity date (it is specified that the bank card used must be valid at time of consumption of the service) and the visual cryptogram. He must present himself to the establishment with the credit card which enabled him to guarantee the reservation. The debit of the payment is made at the establishment during the stay, except in the case of conditions or special rates where the partial or total debit of the payment is made during the reservation. This prepayment is called a deposit.In the event of a no show (reservation not canceled – customer not present) of a reservation guaranteed by credit card, the establishment will debit the customer, as a lump sum, of the amount indicated in its general conditions and special conditions of sale. The establishment has chosen elloha.com/stripe.com to secure online payments by credit card. 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, ceiling reached, input error... In the event of a problem, the customer must contact his bank on the one hand, the establishment on the other hand to confirm his reservation and his method of payment. In the case of a rate subject to online prepayment, the amount paid in advance, which is the deposit, is debited at the time of booking. Some establishments can generate invoices/notes electronically, the original file is certified and available online at the internet address provided by the establishment.
19.THE CHARGES
The cleaning costs (at the end of the stay) are 50 euros. These are paid at the end of the stay, during check out. The electricity meter of the cottage is read on arrival of the tenant (check in) and the end of the stay. (Check out). Electricity consumption is to be paid at the end of the stay. The cost is 0.15 eur/Kw. We provide a bag of pellets per night free of charge. All additional bags started are to be paid at the end of the stay (6.00 eur/ bag).
20. DISPUTES
These General Conditions of Sale are governed by the law of the country of establishment without obstructing the mandatory protective provisions that may be applicable in the country of residence of the consumers. Failing agreement between the parties, they will submit their grievances to the Gîtes de Wallonie secretariat, which will attempt to propose an amicable solution. Failing this, only the courts of the judicial district of the place where the building is located are competent.
21. RESPECT OF PRIVACY
The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers by the presence of an asterisk. The information processed is intended for the establishments, elloha.com, its entities, its partners, its service providers (and in particular online payment service providers). The customer authorizes elloha.com to communicate his personal data to third parties on the condition that such communication proves to be compatible with the performance of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Protection Charter personal data. In particular when paying online, the customer's bank details must be transmitted by the payment provider stripe.com to the bank of the establishment, for the execution of the reservation contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate personal data protection within the meaning of the Data Protection Act.However, the customer agrees to this transfer necessary for the execution of his reservation. Constellation SAS / Stripe.com in their professional capacity, have undertaken vis-à-vis the establishment to take all security and data confidentiality measures for said data transfers.
22. CONVENTION OF PROOF
The entry of the required banking information, as well as the acceptance of these general conditions and the voucher or the reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records kept in the computer systems of elloha.com. will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that his IP address is registered at the time of booking.
23. FORCE MAJEURE
Force majeure means 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. Are considered as cases of force majeure or fortuitous event those usually recognized by the jurisprudence of the French Courts and Tribunals. Each party cannot be held liable to the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party bears the burden of the resulting costs.
24. ENTIRETY
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the voucher or the reservation request express the entirety of the obligations of the parties. No general or specific condition communicated by the customer can be incorporated into these general conditions.The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or the reservation request (including the special conditions of the reserved rate) and these general conditions. In the event of a contradiction between the booking form and the general conditions, the provisions appearing on the booking form will be the only ones applicable for the obligation in question. These general conditions of sale by internet may be modified and/or supplemented by the establishment at any time. In this case, the new version of the general conditions of sale by internet will be put online by the establishment. As soon as it is posted on the internet, the new version of the general conditions of sale by internet will automatically apply to all customers.
II. GENERAL TERMS AND CONDITIONS OF ONLINE SALE VIA THE ORC
1. OBJECT
These general conditions apply to all online reservations made with our establishment, using the Regional Marketing Tool (ORC).
The customer acknowledges having read and accepted these general conditions. No reservation is possible without the customer having indicated his agreement with them. The customer has the option of saving and printing these general conditions.
2. OFFERS
All of our advertisements, web pages or offers are developed in good faith and based on available data. Maps, photos and illustrations are presented for information purposes and are not contractual. They can be modified before the finalization of the reservation. The customer authorizes us to correct any obvious material errors in the information that we communicate to him.
3. PRICE
The prices displayed at the time of booking constitute the total price of the service sold, including taxes, fees and other charges. Any supplements are clearly indicated before the reservation is made for the service.
The customer authorizes us to correct any obvious price errors.
4. RESERVATION
The customer chooses the services presented on the regional marketing tool. He acknowledges having read the nature, destination and booking methods of the services available on the booking tool and having requested and obtained the necessary and/or additional information to make his booking in full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability to his needs, so that our responsibility cannot be engaged in this regard. The reservation is deemed accepted by the customer at the end of the reservation process.
5. RESERVATION PROCESS
Reservations made by the customer are made via the dematerialized reservation form accessible online on the reservation tool. The reservation is deemed to have been made upon receipt of the reservation voucher. The customer agrees, prior to any reservation, to complete all the information necessary for the reservation. The customer certifies the veracity and accuracy of the information transmitted.Once the final choice of the services to be reserved has been made, the reservation procedure includes the following steps until validation: entry of the bank card in the event of a guarantee or prepayment request, consultation and acceptance of the general conditions of sale relating to the service(s) and, finally, the validation of the reservation by the customer.
6. ACKNOWLEDGMENT OF RECEIPT OF RESERVATION
The reservation tool acknowledges receipt of the customer's reservation and confirms it by sending an email without delay. The confirmation of the reservation by e-mail summarizes the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the customer, the date of reservation made as well as the address of the establishment. to which the customer can lodge his complaints.
7. RIGHT OF WITHDRAWAL
It is recalled that, in accordance with article VI.53 of the Code of Belgian Economic Law, if the contract provides for a specific date or period of performance, the customer does not have the right to withdraw in the event of a reservation:
- accommodation other than for residential purposes (e.g. holiday accommodation),
- transportation,
- car rental,
- catering and services related to leisure activities.
8. RESPECT OF PRIVACY
We collect your data in accordance with the General Data Protection Regulation (2016/679) (""GDPR"").
The personal data you provide to us are necessary for the processing of your reservation and are essential for the management and provision of the services (article 6.1.b of the aforementioned Regulations). For these purposes, your data may thus be transferred to our partners, including in particular Elloha.com which manages the booking tool, online payment service providers, service providers established in third countries.In particular when paying online, the customer's bank details must be transmitted by the payment service provider to the bank of the establishment, for the execution of the reservation contract. We only use partners who guarantee a level of protection in accordance with the principles enshrined in the GDPR.
With your consent, your data may also be used by us to send you our promotional or commercial offers, by e-mail or post.
We keep your data for a period of 3 years after the last contact (email, reservation, etc.).
As the person whose data is collected, you have a right of access, rectification, erasure of your data, as well as a right of opposition to the collection of your data. These rights can be exercised by sending us an email, mentioning your surname, first name and address as well as the subject of your correspondence.
Your complaints relating to the collection and processing of your personal data can be addressed to the competent supervisory authority.
