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General sales conditions

TERMS AND CONDITIONS

 

Please check our terms and conditions for all reservations made with us.

 

TERMS & 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 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.

 

RESERVATION TERMS & 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 extending 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.

 

ADMINISTRATIVE INFORMATION

 

  • LE PHARE route du fier, 17880 Les Portes en Ré, France
  • www.lephare-iledere.com - contact@lephare-iledere.com
  • The customer has access to information about our services via our online catalogue or paper brochure or can request information from our reservation staff on site, via phone or via electronic communication. He decides for himself, which services to choose at the time of booking.
  • The customer acknowledges to have taken notice of the contents of our services, the booking location and procedures and the characteristics of stay and accommodations. He acknowledges that he has requested and obtained all necessary information to make a well-informed booking.
  • The customer is responsible for his choice of reservation and its suitability to his needs, such that LE PHARE cannot incur liability in this matter.
  • The reservation shall be deemed accepted by the customer after the booking. The booking process is completed upon reception of the 30% deposit.
  • The reservation is effective subject to the resorts approval, upon reception of the deposit and the duly signed and completed reservation contract, or after acceptance of the general terms of sale when booking online.
  • Reservations shall become a binding contract upon acceptance thereof by LE PHARE only. LE PHARE is free to do so or to refuse, depending on availability and generally all circumstances likely to compromise the processing of the booking.

CONCLUSION OF THE CONTRAT

 

  • LE PHARE offers traditional family holiday accommodations, and the rentals are specially designed for that purpose. In this respect LE PHARE reserves the right to turn down any reservation conflicting with a reasonable usage, conflicting with usage strictly for “tourist” purposes. The client commits himself to neither taking up residence there, nor exercising any professional activity.
  • The reservation of an accommodation is personal and non-transferable. It is not allowed to sub-let or transfer your reservation without the resort’s prior consent.
  • Minors should be accompanied by their parents or legal guardians.
  • The rental accommodations are fully equipped. The standard rate is based on place for 1 to 6 persons, depending on the type of accommodation.
  • LE PHARE reserves the right to refuse access to the resort to groups or families exceeding the capacity of the rental, or to increase the rental price.
  • Possibility to choose a specific chalet number with an increase of 10% applicable on the total rental price (subject to availability).

 

TARIFFS AND TOURIST TAX

  • Please go to our website or consult our brochure for full pricing details for our choice of lodging possibilities and related services.
  • Prices vary according to category and type of accommodation and are stated in euros. LE PHARE cannot be held responsible for changes in currency prices.
  • The prices indicated are valid for the 2020 season. Prices are per night and are stated in euros, all taxes included.
  • The tourist tax is not included in the amount of the stay. In case of online booking, this amount is displayed in the details of your stay. This amount is applicable to persons 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).

 

On that basis and taking into account the role of the client in determining the applicable rate for his stay that is depending on the time of booking, LE PHARE cannot in any case be held responsible for the difference in costs between two bookings made 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 TERMS

  • Accepted methods of payment: Visa or Mastercard bank cards, cheques, ANCV-holiday cheques and bank transfers.
  • Please note that when you pay by holiday cheques it will not be possible to give you change back.
  • 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. The balance must be paid no later than 30 days before the date of the start of the stay in the resort.
  • For reservations made less than 30 days before the start of the stay, full payment must be made at the time of booking.
  • 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.

CANCELLATION AND MODIFICATIONS

 

1. UNUSED SERVICES

Any interrupted or abbreviated stay (late arrival, early departure) in rental accommodation, of your fact will not give rise to a refund.

 

2. 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.

 

3. CANCELLATION BY THE CLIENT

In the event of cancellation, we ask you to notify us quickly in writing, by e-mail or fax, confirmed by registered letter with proof of delivery.

 

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 reservation holder 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.

 

NO REFUNDS

 

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.

 

FORCE MAJEURE

 

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 RIGHT OF WITHDRAWAL CANNOT BE APPLIED

Pursuant to Article L221-28 of the Consumer Code:

"The right of withdrawal may not be exercised for contracts:

(12) the supply of accommodation services, other than residential accommodation, goods transportation services, car rentals, restaurant services or recreational activities that must be provided on a specified date or during a specified period;"

 

YOUR STAY

 

1. ARRIVAL

  • 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 the event of an early arrival and according to our availability, everything will be done to reduce the waiting time.
  • A 200 euros security deposit is asked upon arrival (cheque or cash). The deposit will be returned to the customer on the departure date and after a full inspection of the INVENTORY and accommodation. The management reserves the right to retain all or part of the deposit in the event of lack of sufficient hygiene and/or good care for the rental. If the customer should depart outside the business hours of the reception office, the accommodation will be checked later and the deposit sent by mail.
  • It is up to the holidaymaker to take out insurance: the resort 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. The person who rented the accommodation is responsible for disturbance and nuisances caused by the persons staying with him or paying him a visit.

 

Access to the various LE PHARE facilities (in particular swimming pools, car park, boules court, playground) is the sole responsibility of the users. Children are the responsibility of their parents.

It is not allowed to organise violent games on the premises of LE PHARE.

 

3. DEPARTURE

 

  • On the day of departure indicated on your contract, the rental accommodation must be vacated before 10 am
  • 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 must be left 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

 

Pets are accepted against payment of a fixed amount of 5 euros per day (according to posted prices). These must be constantly kept under surveillance and kept on a leash by their owner throughout the stay. Any breach of health or safety rules caused by the animal may lead to the owner’s eviction. The European Pet Passport should be up to date. On all beaches of the town of "Les Portes-en-Ré", access is allowed to dogs before 9 am, between 1 pm and 2 pm, and after 7 pm (municipal decree of 06/27/1989).

 

COMPLAINTS

 

There is a complaints procedure for customers who are not satisfied with the service they have received during their stay. Customers can submit a complaint by mail (LE PHARE route du fier, 17880 les Portes en Ré, France), e-mail (contact@lephare-iledere.com), or by means of handing in the customer satisfaction questionnaire at the end of their stay. Customers can report any problems during their stay at our receptions open from 9 am to 7 pm. Complaints can be filed about accommodation that doesn't match reservation or services that fail to meet the customer's expectations. Management commits itself to respond in detail to any written complaint, provided they were not submitted anonymously. If the customer expects a refund by filing a complaint, it should be send in writing by registered mail with proof of delivery to the resort manager within the month following the stay.

Claims must concern the non-compliance of the services in relation to the contractual commitments.

 

 APPLICABLE LAW AND LANGUAGE

 

These terms are governed by French law.

To this end, the client 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, the French language shall be deemed authentic for the application, execution and interpretation of the present document.

 

CONSEQUENCE OF AN UNWRITTEN OR NULL CLAUSE ON OTHER PROVISIONS

 

The cancellation or deemed unwritten of any of the articles or clauses herein shall not affect the other provisions hereof. 

 

DISPUTES

 

In case of dispute, the jurisdiction is delegated to the courts located on the place of presence of the resort. Any possible complaint concerning the non-conformity of the services with the contractual commitments must be indicated in writing (by registered mail with proof of delivery) to the manager of the resort concerned.

 MEDIATION OF CONSUMPTION DISPUTES

In accordance with the provisions of the French Consumer code regarding the “consumer disputes mediation process”, the customer has the right to use the services offered free of charge by LE PHARE. The “consumer rights” mediator thus proposed is MEDICYS. 

This mediation provider can be contacted via: 

- the website www.medicys.fr

- or by mail: MEDICYS - Centre de médiation et règlement amiable des huissiers de justice - 73, Boulevard de Clichy, 75009 – Paris, France. 

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 resort 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.

 

POLICE FORMS

 

According to Article R611-42 of the Code of Entry and Residence of Foreigner and the Right of Asylum (CESEDA), operators of camping and caravan sites and other land with facilities are required to have an individual police form completed and signed by any foreigners when they arrive. The model for this form is set by a joint order of the Minister of the Interior, the Minister in charge of immigration and the Minister in charge of tourism. Personal information collected in this way includes the following:

1. Full name;

2. Date and place of birth;

3. Nationality;

4. Usual address abroad;

5. The foreigner’s mobile number and email address;

6. The arrival date at the establishment and planned departure date.

Children under 15 can be included on the form of an adult accompanying them.

 

VOLUNTARILY SENT DIGITAL CONTENT:

 

Photographs, videos, aerial shots and any digital content sent to our establishment, to one of its employees or any of its representatives and whatever the channel used (email, text message, WhatsApp, social networks) by the customer, the prospect, the service user and more generally any person without being a customer of our establishment may be used for the purpose of reproduction, distribution and more generally for use on any tangible or intangible media for marketing, commercial, promotional and informational purposes.

Should you object to such use, please let us know before sending us any information, in writing to the following email address: contact@lephare-iledere.com or by post to: LE PHARE Route du Fier, 17880 LES PORTES EN RÉ – France.

 

PROTECTION AND MANAGEMENT OF PERSONAL DATA

 

1.      Framework and information

 

LE PHARE processes personal data. These are carried out in compliance with the RGPD and the French Data Protection Act (Loi Informatique et Liberté).

The personal data that is collected varies depending on how the services are used. The personal data collected or held are directly communicated by the person concerned and/or are collected from the activity on the website and the use of the services. Thus, personal data may be collected on occasion:

·         From the reservation of your accommodation

·         Participation in a satisfaction survey

·         Of a claim

·         Navigating our website

 

LE PHARE may in particular communicate and transfer your Personal Data to: survey institutes, marketing offices, tour operators, travel agencies, and more generally, to Business Partners (under the terms of which the marketing department of LE PHARE, depends) as well as to any other possible subcontractor.

 

Subcontractors will be required to comply with the RGPD and the Data Protection Act.

 

For shipments outside the Member States of the European Union the establishment will ensure that the level of protection of the consignee is sufficient.

 

2.      Purposes:

 

The said processing of personal data is based on the legitimate interest pursued by LE PHARE when it pursues the following purposes:

- Management of reservation requests

- Follow-up of files and customer requests

- The execution and monitoring of the accommodation and related or ancillary services

- Management of the commercial relationship with the customer in order to improve, optimise and personalise the services and tools offered to the customer

- Commercial prospecting

- Customer and prospect relationship management

- Customer Loyalty

- Marketing (to adapt our offers to customers for example)

- The establishment of customer satisfaction surveys

The personal data collected must be "accurate" and kept up to date. This is why LE PHARE will rectify or erase them with each modification of which it becomes aware. Such processing of personal data is also based on compliance with legal or regulatory obligations when pursuing the purposes of:

 

- Accounting and billing

- The prevention of money laundering and terrorist financing and the fight against corruption,

- Compliance with the obligation laid down in article R611-42 of the Code on the Entry and Residence of Foreigners and the Right of Asylum, which provides that the establishment "is required to complete, or have completed and signed by the foreigner, upon arrival, an individual police form".

 

3.      Conservation:

 

The data collected is kept for the duration necessary for the operations for which it was collected and in accordance with the applicable regulations.

 

CONCERNING THE INDIVIDUAL POLICY FORM

The individual police record is kept for a period of six months and given to police and gendarmerie units on request.

 

CONCERNING DATA RELATING TO THE MANAGEMENT OF CUSTOMERS AND

PROSPECTS: 

With regard to possible prospecting operations aimed at 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 customer, may be kept for a period of three years from the date of collection or from the last contact from the prospect. At the end of this three-year period, we will be able to contact you again to find out whether you wish to continue receiving commercial solicitations.

 

REGARDING IDENTIFICATION:

In the event of exercise of the right of access or rectification, data relating to identity documents may be kept for the period provided for in Article 9 of the Code of Criminal Procedure, i.e. one year. If the right of opposition is exercised, these data may be archived for the limitation period provided for in Article 8 of the Code of Criminal Procedure, i.e. six years.

 

CONCERNING THE MANAGEMENT OF LISTS OF OBJECTIONS TO RECEIVING PROSPECTING:

The information enabling us to take into account your right of opposition is kept for a maximum of three years from the exercise of the right of opposition.

 

ON AUDIENCE MEASUREMENT STATISTICS: 

The information stored in the users' terminal or any other element used to identify users and allowing their traceability or attendance will not be kept for more than 13 months.

 

4.      Rights of individuals with regard to their personal data:

 

Under the applicable legislation on the protection of personal data, you can benefit from the following rights:

- The right of access to personal data

- The right to rectify or delete such data

- The right to cancel or limit processing

- The right to object to treatment

- The right to withdraw consent,

- The right to object to the receipt of commercial prospecting documents at the future,

- In some cases, the right to portability of personal data where technically possible

- The right to determine the fate of your data after your death

- The right to lodge a complaint with a supervisory authority (in France, this is the CNIL)

 

5.      Exercise of these rights:

 

These rights may be exercised by contacting us indicating your last name, first name and address by e-mail to: contact@lepahre-iledere.com or by mail to the following address: LE PHARE route du fier, 17880 les Portes en Ré, France.

 

All applications must be accompanied by a copy of a signed identity document.

 

6.      Terminology given by the General Data Protection Regulations:

 

Personal data is defined as: “Any information relating to an identified or identifiable natural person; an "identifiable natural person" is 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 on-line identifier, or to one or more factors specific to his physical, physiological, genetic, mental, economic, cultural or social identity;”

 

Treatment is defined by “Any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, limitation, erasure or destruction;”

 

 

SPECIFIC PROVISIONS RELATING TO ONLINE RESERVATIONS

 

1 - TECHNICAL DETAILS ON HOW TO MAKE A RESERVATION ONLINE 

 

As previously indicated, the customer has the possibility to book his stay online on the website www.lephare-iledere.com/en. Notwithstanding the automatic application of the preceding clauses of these general terms and conditions to any reservation whatever its form, the technical terms and conditions for online reservations are specified here.

The customer chooses his reservation on the internet according to availability and the applicable rate. The customer also has the possibility to choose certain optional services. This online booking is made in several stages, which allow the customer to check that the chosen stay is in accordance with his wishes and to reconsider his booking before confirming it definitively. The reservation of the stay at LE PHARE, will only be validly registered on the site if the client has clearly identified themself via his login or by creating a user account.

The final validation of the reservation allows the customer to check that the reservation is fully compliant and that they agree to these general conditions of sale before proceeding to the secure payment of the required 30% deposit for reservations made 30 days before the beginning of the stay and the total amount for reservations made less than 30 days before the beginning of the stay.

At the end of these steps, LE PHARE will confirm the reservation recorded by e-mail, which also refers to the present general conditions of sale. The reservation is considered firm as of the client’s reception of the e-mail from LE PHARE confirming the reservation. This confirmation is valid as of the date of conclusion of the sales contract and the date of acceptance of these general terms and 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 you book your stay online.

- that the balance payment for your stay will be automatically debited from the same credit card 30 days before your arrival.

Payment is made online by credit card (Visa, Carte Bleue, MasterCard only) and by secure payment via Pay Box.

All necessary means are implemented to ensure the confidentiality and security of data transmitted on the web. For this reason, the website uses a secure payment module SSL (Secure Socket Layer) so that the information transmitted is encrypted by software and no third party can read it.

 

 

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