GENERAL SALES CONDITIONS
Consult the general sale conditions for all reservations made with our services
TERMS & CONDITIONS
In order to benefit from the services offered by LE PHARE, we ask you to read carefully the general conditions below. These conditions govern the sales of stays and are valid at the time the order is placed. Booking a stay implies full acceptance and unreserved acceptance of our general conditions.
In order to be able to benefit from the services offered by LE PHARE, we ask you to carefully read the general conditions below.
These general conditions are applicable for the reservation period which extends from 04 April to 27 September 2020. These conditions govern the sales of stays and are valid upon validation of your order.
Booking a stay implies full acceptance and unreserved acceptance of our general conditions.
The Customer acknowledges and declares to have the capacity required to contract and acquire the Services defined herein and offered by LE PHARE. He declares that he has read these presents.
These conditions can be modified and / or supplemented by LE PHARE at any time. In this case, the new version will automatically apply to all customers, who will be informed by posting on the site www.lephare-iledere.com. The buyer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten or electronic signature of this document.
• LE PHARE route du fier, 17880 Les Portes en Ré, France
• www. lephare-iledere.com - firstname.lastname@example.org
• The Customer has the online catalog or a paper brochure, or has our services explained by our booking agents on site, by telephone or electronically. He himself determines the services of his choice on the day of his reservation.
• The Customer acknowledges having read the content of the services, the destination and booking methods, all the characteristics of the stays and accommodation. He acknowledges having requested and obtained all the information necessary to make an informed reservation.
• The customer is responsible for his choice of reservation and its suitability for his needs, so that the responsibility of PHARE cannot be sought.
• The reservation is deemed to have been accepted by the Customer at the end of the reservation process. The reservation process ends with the receipt of the 30% deposit.
• The reservation becomes effective only with the agreement of the village, after receipt of the deposit and after receipt either of the reservation contract duly completed and signed, or after acceptance of the general conditions of sale when booking online.
• Bookings are only binding on LE PHARE, if LE PHARE has accepted them, which LE PHARE is free to do or refuse, depending on availability, and generally, of all circumstances likely to harm the 'execution of the reservation made.
FORMATION OF THE CONTRACT
LE PHARE offers family stays, the accommodation is specially designed for this purpose.
LE PHARE reserves the right to refuse any reservation which would be contrary to reasonable use, contrary to "tourist" use only. The client undertakes not to take up residence there, or to exercise any professional activity there.
• The reservation of a rental is made on a strictly personal basis. In no case may you sublet or assign your reservation without the prior consent of the village.
• Minors must be accompanied by their parents or legal guardians.
• Rental accommodation is equipped. The basic package is from 1 to 6 places depending on the type of rental.
• LE PHARE reserves the right to refuse access to the village to groups or families arriving with a number of participants greater than the capacity of the accommodation rented or to increase the amount of the stay.
• Possibility to choose a specific bungalow number with an increase of 10% applicable on the entire accommodation (subject to availability).
PRICES AND TOURIST TAX
• The price list for all of our stays, accommodation and related services can be viewed on our website or in a brochure.
• The prices are determined by category and type of accommodation, and our prices are in Euro currency. LE PHARE cannot be held responsible for changes in currency prices.
• The prices indicated are valid for the 2020 season. They correspond to one night and are in euros, all taxes included.
• The amount of the tourist tax is not included in the amount of the stay. In case of online booking, this amount is displayed in the detail of your stay. This amount concerns people over 18 years old (from 01/01/2020: 0.66 euros per night and per person at Les Portes en Ré).
• Our rates are subject to change in the event of an increase in the tax rates to which our stays are subject.
• The prices are dynamic and change as the season goes by allowing the customer to benefit from the most advantageous price on the day of his reservation.
The rate displayed, and preceded by the words "from", is the most advantageous rate available during the establishment's opening period. This rate will be increased by the combination of two criteria:
- Depending on the period reserved, and the level of occupancy of the establishment, a dynamic multiplier coefficient specific to each period will be applied;
- The anticipation of the reservation offers a bonus, which cannot lower the price below the reference price (displayed price).
Given the above and the active role of the customer in the determination of the rate applicable to his stay which is a function of the anticipated time of reservation, the Company LE PHARE will in no case be held responsible for a difference in cost between two stays booked for the same period.
• Price reductions - Promotional operations.
If you are the beneficiary of a price reduction for a promotional operation, you must take advantage of this when you book.
Promotional offers are subject to certain conditions, in particular availability. Furthermore, price reductions or promotional operations cannot be combined with each other. Once the confirmation or invoice has been issued, the customer can no longer claim any reduction.
PAYMENT CONDITIONS AND MEANS
• Accepted methods of payment: Visa or Mastercard bank cards, bank transfers.
• For reservations made more than 30 days before the start of the stay, a deposit of 30% of the amount of the reserved services must be paid upon booking at the village. The balance must be paid no later than 30 days before the date of the start of the stay in the village.
• For reservations made less than 30 days before the start of the stay, full payment must be made at the time of booking in the village.
CANCELLATION AND MODIFICATIONS
1. MODIFICATION OF YOUR RESERVATION
• Changes to your reservation can be made free of charge, subject to availability at LE PHARE.
• In the absence of a message from you indicating a postponement of your arrival date, the accommodation may be available for sale again 24 hours after the arrival date mentioned on the contract, and you will consequently lose the benefit of your reservation as well as the amount paid.
2. UNUSED SERVICES
Any interrupted or abbreviated stay (late arrival, early departure) in rental accommodation, of your fact will not give rise to a refund.
3. CANCELLATION BY LE PHARE
In the event of cancellation by the PHARE, except in cases of force majeure, the stay will be fully reimbursed. This cancellation cannot however give rise to the payment of damages.
4. CANCELLATION BY THE CLIENT
In the event of cancellation, we ask you to notify us quickly in writing, by email or fax, confirmed by registered letter with proof.
REFUND WITHOUT CANCELLATION FEES
We assure you the reimbursement of all sums paid (excluding processing costs of 15 euros), without cancellation fees, until the day before your arrival if the cancellation occurs for the following serious reasons:
• a) Sickness, accident, death of the reservation holder, his spouse, his ascendants or his descendants.
• b) Economic dismissal of the reservist or his spouse.
REFUND WITH CANCELLATION FEES
If the cancellation occurs for any other reason (not provided above) at the latest 15 days before the arrival date, 30% of the amount of the stay will be retained for cancellation costs.
If the cancellation occurs for a reason not provided above, less than 15 days before arrival, it will not give rise to any refund of the sums paid.
LE PHARE cannot be held responsible towards the Customer in the event of non-fulfillment of its obligations resulting from an event of force majeure. Force majeure is here defined as the event or fortuitous event usually defined as such by French case law and courts.
THE PROVISIONS RELATING TO THE RIGHT OF WITHDRAWAL DO NOT APPLY:
This, in application of article L221-28 12 ° of the Consumer Code which provides that:
"The right of withdrawal cannot be exercised for contracts:
12 ° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period; "
• Rental accommodation: Depending on the period, arrival days vary. The day of your arrival at LE PHARE, accommodation will be available from 4 p.m. However, in case of early arrival and according to our availability, everything will be done to reduce the waiting time.
• A deposit of 200 euros could be required from the tenant on arrival (by check or cash). This deposit will be returned to the client on the day of departure and after full verification (INVENTORY) of the accommodation. The management reserves the right to retain all or part of the deposit in case of failure to respect the hygiene and / or the rented equipment. If the tenant's departure must take place outside reception opening hours, accommodation will be checked later and the deposit returned by post.
• It is up to the holidaymaker to make sure: the village declines any responsibility in case of theft, fire, bad weather, etc. and in case of incident falling under the civil liability of the holidaymaker.
• LE PHARE declines any responsibility concerning the tenant's personal values, effects and objects.
2. DURING YOUR STAY
All customers must comply with the provisions of the internal regulations. Each tenant is responsible for disturbances and nuisances caused by people staying with him or visiting him.
Access to the various PHARE equipment (at the end of which include swimming pools, parking, boules court, playground) is the sole responsibility of the users. Children are the responsibility of their parents.
No violent game can be organized within the PHARE.
• On the day of departure indicated on your contract, the rental accommodation must be vacated before 10 a.m.
• If the cleaning fee is not included in your booking (it is included for the Cabanes de Ré Premium and optional for other rentals) the accommodation will be made in perfect condition.
• The inventory can be checked, any broken or damaged object will be your responsibility, as well as the restoration of the places if it were necessary. The deposit will be returned to you at the end of the stay after deduction of the compensation retained, on supporting invoices, for any damage found by the inventory. The deduction of the deposit does not exclude additional compensation in case the costs exceed the amount thereof.
• In case the accommodation has not been cleaned before your departure, a cleaning fee will be asked (75 euros / cleaning).
• For any delayed departure, you may be charged an extra night at the nightly rate in effect on the day of the delayed departure.
Pets are accepted for a lump sum of 5 euros / day (according to posted prices). These must be constantly monitored and kept on a leash by their owner during the stay. Any breach of hygiene or security caused by the animal may be penalized by the expulsion of its owners. The vaccination record for dogs and cats must be up to date. In the town of "Les Portes-en-Ré" for all beaches, access is allowed to dogs before 9 a.m., between 1 p.m. and 2 p.m., and after 7 p.m. (municipal decree of 06/27/1989).
• Our customers have an accessible complaints mechanism to make known any dissatisfaction relating to the course of their stay. To report their complaints, the Customer may contact the postal service (LE PHARE route du fier, 17880 les Portes en Ré, France).
By e-mail (email@example.com), through our satisfaction surveys given at the end of the stay. During the stay, our reception teams are available from 09:00 to 19:00 to consider any complaint. The complaints can relate to the conformity of the accommodation to the reservation, the conformity of the services compared to the expectations of the customer. The management undertakes to respond in a detailed manner to any written complaint as long as it is not anonymous. In the event that the client expects consideration for his complaint, it must be drawn up by LRAR letter to the village manager in the month following the stay. This complaint will concern a possible non-compliance of the services with respect to the contractual commitments.
APPLICABLE LAW AND LANGUAGE
The Customer and LE PHARE expressly acknowledge that their relations are governed by French law. The applicable language is French, even when a translation is made. As a result, French is particularly authoritative for the application, execution and interpretation of these presents.
CONSEQUENCE OF A WRITTEN OR NIL CLAUSE ON OTHER PROVISIONS
The cancellation or deemed unwritten of one of the articles or of one of the clauses of the General Conditions shall not affect the other stipulations herein.
In case of dispute, the jurisdiction is delegated to the courts located on the place of presence of the village. Any possible complaint concerning the non-conformity of the services with the contractual commitments must be indicated in writing (LRAR) to the manager of the village concerned.
MEDIATION OF CONSUMPTION DISPUTES
In accordance with the provisions of the Consumer Code concerning "the process of mediation of consumer disputes", the customer has the right to free use of the mediation service proposed by LE PHARE. The mediator "law of consumption" thus proposed is MEDICYS. This mediation device can be reached by: - electronic way www.medicys.fr; - or by post: MEDICYS - Center of mediation and amicable settlement of the judicial officers - 73, Boulevard de Clichy, 75009 - Paris »
LE PHARE RESPONSIBILITY
The client expressly acknowledges that LE PHARE cannot be held responsible, due to the communication by its partners or by any third party of false information which would be mentioned in the brochure or the website of LE PHARE concerning the host sites, and including presentation photos, qualifiers, activities, hobbies, services and dates of operation.
All photos and texts used in the brochure or the website of LE PHARE are not contractual. They are only indicative. It may happen that certain activities and facilities offered by the village and indicated in the description in the brochure are deleted, in particular for climatic reasons or in the event of force majeure as defined by French courts. In accordance with the provisions of article L212-1 of the consumer code, LE PHARE undertakes to ensure that its services and services comply with the regulations in force.
In accordance with article R611-42 of the Code for the entry and stay of foreigners and the right of asylum, operators of camping, caravanning and other landscaped grounds are required to have completed, or completed, and signed by abroad, upon arrival, an individual police file, the model of which is fixed by joint decree of the Minister of the Interior, the Minister responsible for immigration and the Minister responsible for tourism.
The personal data thus collected include:
"1. The name and first names;
2 ° The date and place of birth;
3 ° Nationality;
4 ° The usual domicile of the foreigner;
5 ° The foreigner's mobile phone number and email address;
6 ° The date of arrival within the establishment and the date of departure planned.
Children under the age of 15 may appear on the card of an accompanying adult. "
DIGITAL CONTENT SENT VOLUNTARILY:
The photographs, videos, aerial photography and all digital content sent to our establishment, to any of its employees or any of its representatives and regardless of the channel used (email, text, WhatsApp, social networks) by the customer, the prospect, the service user and more generally any person without being a client of our establishment can be used for reproduction, distribution and more generally for use on all material supports or intangible for marketing, commercial, promotional and informative purposes.
If you object to such use, please let us know before sending it in writing to the following email address:
firstname.lastname@example.org or by post at: LE PHARE Route du Fier, 17880 LES PORTES RE - France.
PROTECTION AND MANAGEMENT OF PERSONAL DATA
1. Framework and information
LE PHARE implements personal data processing. These are carried out in compliance with the GDPR and the Data Protection Act.
The personal data that is collected varies depending on how the services are used. The personal data collected or held is directly communicated by the data subject and / or is collected from the activity on the website and the use of the services.
Thus, personal data may in particular be collected occasionally:
• Booking your accommodation
• Participation in a satisfaction survey
• A complaint
• Navigation on our website
LE PHARE may in particular communicate your Personal Data to: survey institutes, marketing offices, tour operators, travel agencies, more generally, to Business Partners (which include the marketing department on which the Company LE PHARE depends).
Subcontractors will be required to comply with the GDPR and the Data Protection Act.
For transfers made outside the member states of the European Union, the establishment will ensure that the level of protection of the recipient offers sufficient protection.
Said processing of personal data is based on the legitimate interest pursued by LE PHARE and its partners when they pursue the following purposes:
- Management of reservation requests
- Monitoring of client files and requests
- The execution and monitoring of the accommodation service and related or additional services
- Management of the commercial relationship with the client in order to improve, optimize and personalize the services and tools offered to the client
- Commercial prospecting
- Customer and prospect relationship management
- Customer loyalty
- Marketing (to adapt our offers to customers for example)
- The establishment of satisfaction surveys
The personal data collected must be "exact" and kept up to date. This is the reason why LE PHARE will rectify or delete these with each modification of which it becomes aware.
Said processing of personal data is also based on compliance with legal or regulatory obligations when they pursue the purposes of:
- Accounting and invoicing
- The prevention of money laundering and the financing of terrorism and the fight against corruption,
- Compliance with the obligation provided for in article R611-42 of the Code for the entry and stay of foreigners and the right to asylum which provides that the establishment "is required to fill in, or have filled out, and sign by abroad, upon arrival, an individual police record ".
The data collected is kept for the time necessary for the operations for which it was collected and in accordance with the applicable regulations.
CONCERNING THE INDIVIDUAL POLICY SHEET:
The individual police file is kept for a period of six months and given, on request, to the police and gendarmerie units.
CONCERNING DATA RELATING TO CUSTOMER AND PROSPECT MANAGEMENT:
Concerning possible prospecting operations intended for customers, their data may be kept for a period of three years from the end of the commercial relationship. Personal data relating to a prospect, who is not a client, may be kept for a period of three years from the time of their collection or the last contact from the prospect. At the end of this three-year period, we may contact you to find out if you wish to continue receiving commercial requests.
CONCERNING IDENTITY DOCUMENTS:
In the event of the exercise of the right of access or rectification, the data relating to identity documents may be kept for the period provided for in article 9 of the Code of Criminal Procedure, ie one year. In the event of the exercise of the right of opposition, this data may be archived during the limitation period provided for in article 8 of the Code of Criminal Procedure, i.e. six years.
CONCERNING THE MANAGEMENT OF OPPOSITION LISTS TO BE RECEIVED FROM PROSPECTS:
The information allowing to take into account your right of opposition is kept for a maximum of three years from the exercise of the right of opposition.
CONCERNING THE STATISTICS OF MEASUREMENT HEARING:
The information stored in the users terminal or any other element used to identify the users and allowing their traceability or frequentation will not be kept beyond 13 months.
4. Rights of individuals with regard to their personal data:
According to the applicable legislation regarding the protection of personal data you can benefit from the following rights:
- The right to access personal data
- The right to correct or delete this data
- The right to withdraw or limit processing
- The right to object to processing
- The right to withdraw consent,
- The right to oppose the receipt of commercial prospecting documents in the future,
- In some cases, the right to portability of personal data where technically possible
- The right to define the fate of your data after your death
- The right to lodge a complaint with a supervisory authority (in France, it is the CNIL)
5. Exercise of these Rights:
For the exercise of your rights, you can contact us by indicating us your name, first name and address by email to: email@example.com or by mail to the following address: LE PHARE route du fier, 17880 les Portes in Ré, France.
All requests must be accompanied by a copy of a signed identity document.
6. Terminology given by the General Data Protection Regulation:
Personal data is defined as: “Any information relating to an identified or identifiable natural person; is deemed to be an "identifiable natural person" a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to its physical, physiological, genetic, psychic, economic, cultural or social identity; "
Processing is described as: "Any operation or set of operations carried out or not using automated processes and applied to personal data or sets of data, such as the collection, recording, organization, structuring, conservation, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of provision, reconciliation or interconnection, limitation, erasure or destruction; "
SPECIFIC PROVISIONS RELATING TO ONLINE RESERVATION
1 - TECHNICAL DETAILS ON ONLINE RESERVATION TERMS
As previously indicated, the client has the option of booking their stay online on the website: https://www.lephare-iledere.com/en
Notwithstanding the automatic application of the preceding clauses of these general conditions to any reservation whatever its form, the technical terms of the online reservation are specified here.
The customer chooses his reservation on the internet according to the availabilities and the applicable tariff. The customer also has the possibility to choose certain optional services. This online reservation is made in several stages which allow the customer to check that the chosen stay conforms to his wishes and to come back to his reservation before confirming it definitively.
The reservation of the stay at the PHARE, will only be validly registered on the site if the customer has clearly identified himself by his login or by creating a user account. The final validation of the reservation allows the customer to check that it is fully compliant and that he agrees to these general conditions of sale before proceeding to the secure payment of the required deposit of 30%.
At the end of these stages, LE PHARE will confirm the reservation made by email, which also refers to these general conditions of sale. The reservation is considered firm as from the reception by the customer of the PHARE email confirming the reservation. This confirmation is valid date of conclusion of the contract of sale and date of acceptance of these general conditions.
2 - ONLINE PAYMENT AND TRANSACTION SECURITY
It is recalled:
- that a first debit corresponding to 30% of the amount of your reservation is made when booking your stay online,
- that the balance of your stay will be automatically debited from the same bank card 30 days before your arrival.
Payment is made online by bank card (visa, credit card, MasterCard only) and by secure payment via Pay Box.
All the necessary means are implemented to ensure the confidentiality and security of the data transmitted on the web. As such, the website uses a secure SSL (Secure Socket Layer) payment module so that the information transmitted is encrypted by software and that no third party can read it.