Terms & Conditions of Sales
TERMS OF SALES
1. Object
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 monitoring 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.
2. Reservation
The customer chooses the services presented on our reservation platform. He acknowledges having read the nature, destination and reservation methods of the services available on our reservation platform and having requested and obtained necessary and/or additional information to make his reservation with full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability to his needs, such that we cannot be held responsible in this regard. The reservation is deemed accepted by the customer at the end of the reservation process.
3. Booking process
Reservations made by the customer are made via the electronic reservation voucher accessible online on our reservation platform. The reservation is deemed to have been made upon receipt of the reservation voucher. The customer undertakes, prior to any reservation, to complete the information requested on the voucher or reservation request. The customer certifies the veracity and accuracy of the information transmitted. After the final choice of the services to be reserved, the reservation procedure includes entering 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 validation of the reservation and, finally, validation of the reservation by the customer.
4. Acknowledgment of receipt of the reservation
Our reservation platform acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online reservation, the acknowledgment of receipt of the reservation by email summarizes the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the customer, the date reservation made, information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit complaints.
5. Cancellation or modification by the customer
The traveler can cancel reservations free of charge within 24 hours of making the reservation. The traveler can cancel their standard rate reservation free of charge up to 5 days before arrival. The special conditions of sale of the reserved rate specify below the terms of cancellation and/or modification of the reservation according to the rates, weekly rates, special offers, promotions. When the conditions of sale of the reserved rate allow it, the cancellation of the reservation can be made directly with the establishment and the hosts, whose telephone details are specified on the confirmation of the reservation sent by email. All reservations are personal and cannot be transferred to a third party, whether free of charge or for a fee.
6. Consumption of the service
In accordance with the regulations in force in certain countries, the customer may be asked, upon arrival, to complete a police form. To do this, the customer will be asked to present an identity document in order to check whether or not they must complete the police form. Any behavior contrary to good morals 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 respect 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 reimbursement if a regulation has already been made. been carried out.
7. Liability
The photographs presented on our reservation platform are not contractual. Even if all the best efforts are made so that the photographs, graphic representations and 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 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 the third party, due to the client, 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 which 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 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.
9. Price
The prices relating to the reservation of services are indicated before and during the reservation. 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 reservation 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, regardless of their origin, are payable in the local currency of the establishment, unless special arrangements are indicated on site. Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.) where applicable, presented on the rates page, are to be paid directly on site to the establishment. The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to the VAT will be automatically reflected in the prices indicated on the invoice 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 invoice date.
10. Payment
The customer communicates his bank details as a guarantee of the reservation except under special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club, etc. depending on the possibilities offered by the establishment's reservation platform ) by indicating directly, in the area provided for this purpose (entry secured by SSL encryption), the card number, without spaces between the numbers, as well as its validity date (it is specified that the bank card used must be valid as of time of consumption of the service) and the visual cryptogram. Payment is debited upon booking, except in the case of special conditions or rates where a partial debit is offered upon booking. This prepayment is referred to as a deposit.
In the event of cancellation of the reservation within the conditions and time limits authorized in the special rate conditions (standard, weekly), the amount of the reservation is fully refunded to the customer. In the event of cancellation of the reservation outside the time limits authorized in the special rate conditions, or 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, at as lump sum compensation, 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. The payment card may be refused for several reasons: stolen card, blocked card, limit reached, entry error, etc. In the event of a problem, the customer must contact their bank on the one hand, or the establishment on the other hand to confirm your reservation and 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. Invoices/notes can be generated electronically on request, the original file is certified and available online at the internet address provided by the establishment.
11. Respect for privacy
The customer is informed, on each of the personal data collection forms, of the obligatory or optional nature of the responses by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners, its service providers (and in particular online payment providers). The customer authorizes elloha.com to communicate his personal data to third parties on the condition that such communication proves compatible with the carrying out of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Charter for the Protection of Personal Data. In particular when paying online, the customer's bank details must be transmitted by the payment provider stripe.com to the establishment's bank, 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 protection of personal data within the meaning of the Data Protection Act. However, the customer consents to this transfer necessary for the execution of his reservation. Constellation SAS / Stripe.com in their professional capacity, have committed to the establishment to take all security measures and respect data confidentiality for said data transfers.
12. Convention of proof
Entering the required banking information, as well as acceptance of these general conditions and the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. Computerized records kept in elloha.com's computer systems. will be kept in reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that his IP address is recorded at the time of booking.
13. Force majeure
Force majeure means any event external to the parties which is both unpredictable and insurmountable and which prevents either the client or the establishment from fulfilling all or part of the obligations provided for in the contract. Force majeure or fortuitous events are those usually recognized by the case law of French Courts and Tribunals. Each party cannot be held responsible towards 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 execution of their reciprocal obligations and that each party bears the burden of the resulting costs.
14. Dispute resolution
These General Conditions of Sale are governed by the law of the country of establishment without hindering any mandatory protective provisions that may be applicable in the country of residence of consumers.
15. Completeness
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the voucher or reservation request express the entirety of the obligations of the parties. No general or specific conditions communicated by the customer can be integrated into these general conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or reservation request (including the special conditions of the reserved rate) and these general conditions. In the event of a contradiction between the reservation voucher and the general conditions, the provisions appearing on the reservation voucher will be the only ones applicable to the obligation in question. These general conditions of internet sale may be modified and/or supplemented at any time by the establishment. In this case, the new version of the general conditions of sale via internet will be put online by the establishment. As soon as it is posted online, the new version of the general conditions of sale via internet will automatically apply to all customers.
SPECIAL CONDITIONS OF SALE OF THE RATE
I. CANCELLATION POLICY
FLEXIBLE STANDARD RATE
- The traveler can cancel their standard rate reservation free of charge up to 6 days before arrival. The prepaid amount will be refunded between 1 hour and 72 hours following the cancellation by a payment method to be agreed between the traveler and the hosts (bank transfer, Paypal, Cash in euros, for example, etc.).
- The total amount of the reservation is retained if the traveler cancels within 5 days of arrival.
THE TRAVELER CANCELS THEIR RESERVATION BEFORE ARRIVAL
between 5 and 0 days before arrival = 100% of the amount retained
between 180 and 6 days before arrival = 0% of the amount retained
FLEXIBLE WEEKLY RATE
THE TRAVELER CANCELS THEIR RESERVATION BEFORE ARRIVAL
between 5 and 0 days before arrival = 100% of the amount retained
between 14 and 6 days before arrival = 50% of the amount retained
between 180 and 15 days before arrival = 0% of the amount retained
NON-REFUNDABLE OFFERS
- Special offers are, unless otherwise stated, non-refundable. The full amount of the reservation is retained if the traveler cancels at any time.
- Promotions are generally non-refundable.
CHANGE OF DATES AND WITHDRAWAL
Travelers are allowed to change dates themselves
- Only once, 5 days minimum before their arrival.
- If the rate is the same or higher than the original reservation.
- If the booking conditions and type of accommodation remain the same.
II. TERMS OF USE
ARRIVAL AND DEPARTURE:
- Arrival / Check in: from 3:00 p.m. at any time , in complete autonomy thanks to a code. But your hosts would also be delighted to welcome you personally.
Ø The access code to the apartment and the access code to the Victoria Surf Residence (main entrance and beach side entrance, to the swimming pool, are sent to travelers in the 24 hours before their arrival .
Ø A Welcome Booklet in several languages is available in the apartment. It provides information on Wi-Fi access , on the equipment and devices in the apartment, ideas on where to eat, do your shopping, on activities and sites of interest nearby...
- Departure / Check out: 11:00 a.m. The access code becomes inactive at 11 a.m. on the day of departure.
HOUSE RULES
- This accommodation is non-smoking. However, it is possible to smoke on the balcony with the French window closed.
- Pets are welcome free of charge.
- Parties/events are not permitted.
- Travelers should avoid making noise between 10:00 p.m. and 8:00 a.m.
HOUSEHOLD
Cleaning is done before guests enter and when they leave.
- For stays < 15 days : Cleaning costs upon departure of travelers are included in the amount of the reservation. For stays of 2 weeks, bathroom and kitchen towels are changed on the 7th day at no extra charge, but not bedding. A change of bedding (sheets, duvet cover, pillowcases) and towels can be made on request. This service is billed at €25 for two people, €40 for three people (dry cleaning costs).
- For stays ≥ 15 days : a complete cleaning with cleaning and sanitizing of surfaces, change of bedding and towels, studio returned to the condition it arrived in, can be carried out on request. It is charged 65€ for 1 or 2 people + 20€ if 3 people.
- Supplements or overpayments are adjusted and paid on arrival and/or departure depending on the case.
OPTIONAL SERVICES
- Biarritz Airport or Train Station Transfers (10€/transfer). A Transfer is offered for any reservation for a stay longer than 7 days.
- Baby equipment , including a travel/folding cot, a high chair, a baby bathtub are available free of charge on request. Bedding (pillow, duvet, sheets, cleaned in dry cleaners) is extra for €2/night.
- Other services are offered depending on availability: parking, luggage storage , croissants,
GUARANTEES:
- A detailed, quantified inventory is available in the Welcome Booklet in the apartment. It constitutes reference and acceptance of the conditions below.
- Any damage affecting an expensive element of the apartment will be invoiced at the purchase price of the goods displayed in the inventory, increased by 10% taking into account the costs of replacement procedures and the increase in prices.
- In the absence of an amicable agreement on a reimbursement, an evaluation and a costing will be carried out by an insurance expert and/or a bailiff at the expense of the occupant. The management of the establishment reserves the right to take legal action
WHAT IF IT DOESN'T GO AS PLANNED?
- Someone will be waiting for you on site or will be there very quickly. The hosts live in Biarritz and are less than 15' away.
- Hosts' telephone numbers are indicated in the receipt sent upon reservation and in all correspondence.
- In the event of an emergency, other contacts, including that of the Victoria Surf Residence Caretaker, are indicated in the Welcome Booklet available in the apartment.
Biarritz, May 2024