Domaine de Mestré – General Terms and Conditions
The terms used herein which are capitalized but not previously defined have the meaning given to them below:
“Client” means a natural person, of legal age, acting for his or her personal needs and having full legal capacity to enter into commitments under these terms.
“Conditions of sale of the reserved rate” means the specific conditions of each reservation made by the Customer.
“Booking Confirmation” means the document summarizing the details of the booking made by the Customer, sent by the Website or the Hotel to the Customer.
“Reservation Request” means any request for a hotel room reservation made by the Customer.
“Hotel” means the Domaine de Mestré hotel, operated by SAS HEBERGEMENT DE MESTRE with capital of €2,000, whose registered office is Le Domaine de Mestré 49590 FONTEVRAUD-L'ABBAYE FRANCE, registered with the RCS of Angers under number 794 719 930 00016.
“Partners” means all service providers who have entered into a service provision contract or partnership agreement with the Hotel.
“Service” means any hotel room reservation service made by the Customer on the Hotel’s website.
“Hotel Website” means the website dedicated to the Hotel accessible at the following address https://domaine-de-mestre.com/.
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of hotel room reservation services and related services ('the Services') offered by the Hotel ('the Service Provider' or the "Hotel") to consumers and non-professional customers ('the Customers or the Customer') on the Hotel's website.
The main characteristics of the Services are presented on the Hotel's website.
The Customer is required to read them before making any reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Client declares:
● Have full legal capacity to enter into these General Conditions of Sale.
● Make reservations for hotel rooms and additional services for personal needs.
● Be able to save and print these General Terms and Conditions of Sale.
The Hotel's contact details are as follows:
The Domaine de Mestre – Place called Mestré – 49590 FONTEVRAUD L'ABBAYE
These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for the Services.
The Customer is informed that the Hotel enters into partnership agreements with third-party travel providers in order to allow the Customer, by using the services offered by these partners on their website, to search for, select and book rooms in the Hotel. Any reservation of hotel rooms made under these conditions implies the consultation and complete and unreserved acceptance by the Customer of the specific conditions of the provider, the conditions of sale of the reserved rate and these general conditions of sale. The Customer declares having obtained from the Hotel all the necessary information available on the website.
These General Terms and Conditions of Sale are accessible at any time on the Hotel's website and will prevail, where applicable, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded with the Customer. Thus, the entry of banking information, acceptance of the General Terms and Conditions of Sale, the Conditions of Sale of the rate or the Reservation Request, has the same value between the Hotel and the Customer as a handwritten signature on paper. The computerized Records stored in the Hotel's computer systems will be kept under reasonable security conditions and considered as proof of communication, order and payment between the Hotel and the Customer.
The Hotel ensures the conservation of the written document confirming the conclusion of the contract in electronic or paper format for a maximum period of 5 years.
The Customer is informed that his IP address is recorded at the time of booking.
In accordance with the Data Protection Act of 6 January 1978, the Customer has, at any time, a right of access, rectification and opposition to all of his personal data by writing by mail and providing proof of identity to: hôtel Domaine de Mestré – Le Domaine de Mestre – Lieu-dit Mestré – 49590 FONTEVRAUD L'ABBAYE
These General Conditions of Sale also include the Charter on Personal Data.
The Customer declares having read these General Conditions of Sale (including the Charter on Personal Data) and having accepted them by checking the box provided for this purpose before implementing the online reservation procedure as well as the General Conditions of Use of the Hotel's website.
Validation of the reservation of Services by the Client constitutes acceptance without restriction or reservation of these General Conditions of Sale (including the Charter on Personal Data).
The Client acknowledges having the required capacity to contract and acquire the Services offered on the Hotel's website.
These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date of the reservation.
These General Terms and Conditions of Sale are applicable for the duration of the online publication of the services offered by the Hotel on the Hotel's Website. The Hotel reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 – Reservations
The Customer selects on the website the services he wishes to reserve, according to the following terms:
1. Selection of room type and rate
2. Selection of additional services where applicable
3. Verification and validation of the reservation details, the total amount of the reservation, the price conditions
4. Indication of contact details
5. Entering your bank card details in the event of a guarantee or prepayment
6. Consultation and acceptance of the general conditions of sale and the conditions of the selected rate prior to validation of the reservation
7. Validation of your reservation
The Customer acknowledges having read the nature, destination and booking terms of the Services offered by the Hotel and having requested and obtained the information necessary to make his booking with full knowledge of the facts. He is solely responsible for his choice of services and their suitability for his needs, such that the Hotel cannot be held liable in this regard.
The Customer undertakes to complete the information requested on the reservation request and certifies the truthfulness and accuracy of the information transmitted.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the reservation by the Customer.
For reservations made exclusively online, the registration of a reservation on the Service Provider's website is carried out when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their reservation. The Customer has the possibility to check the details of their reservation, its total price and to correct any errors before confirming their acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Customer to check the accuracy of the reservation and to immediately report any errors.
The sale of Services will only be considered final after the Service Provider has sent the Client confirmation of acceptance of the reservation by email and after the latter has received payment in full.
Any reservation made on the Hotel's website constitutes the formation of a contract concluded remotely between the Client and the Service Provider.
The Hotel reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute relating to the payment of a previous reservation.
Each reservation is personal and cannot under any circumstances be transferred to a third party.
Cancellation of a Flexible rate reservation:
In the event of cancellation of the Flexible rate reservation by the Customer after its acceptance by the Hotel less than 24 hours before the scheduled date of stay, for whatever reason, a sum corresponding to the total amount of the first night will be automatically acquired by the Service Provider and invoiced to the Customer, as damages, in compensation for the loss suffered.
Cancellation / Modification of a reservation at the Non-Cancellable Non-Refundable rate:
In the event of cancellation or modification of the reservation at the Non-cancellable, non-refundable rate by the Customer, for any reason whatsoever, an amount corresponding to 100% of the total prepaid amount will be automatically acquired by the Service Provider and invoiced to the Customer. The same will apply in the event of the Customer's failure to appear on the scheduled date of arrival.
ARTICLE 3 – PRICES
The Services offered by the Service Provider are provided at the rates in effect on the Hotel's website when the reservation is registered by the Service Provider. Prices are expressed in Euros, excluding and including VAT.
The prices take into account any reductions that may be granted by the Service Provider under the conditions specified on the Hotel's website.
These rates are firm and not revisable during their period of validity, as indicated on the Hotel's website, the Service Provider reserving the right, outside this period of validity, to modify the prices at any time.
Rates are indicated before and during the reservation made by the Customer. They are per room for the number of people and the date selected.
The rates are confirmed to the Customer in the amount including VAT (excluding tourist taxes) in the commercial currency of the Hotel. They take into account VAT at the rate applicable on the day of booking; any change in the rate applicable to VAT will be automatically reflected in the rates indicated on the invoice date. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent Authorities.
Rates do not include tourist tax payable directly on site at the Hotel.
The Customer agrees to pay these various taxes without any dispute to the Hotel.
The payment requested from the Customer corresponds to the total amount of the purchase, with the exception of this Tax.
Unless otherwise stated on the Site, additional services (breakfast, etc.) are not included in the price.
The conversion into foreign currency is given for information purposes only and is not contractual. If a rate involves payment directly to the Hotel upon arrival or departure of the Customer and the Customer's currency is not the same as that of the Hotel, the rate charged by the Hotel may be different from that communicated at the time of booking, taking into account the change in the exchange rate between the booking date and the payment date.
An invoice is drawn up by the Service Provider and given to the Client when the reserved Services are provided.
ARTICLE 4 – PAYMENT TERMS
In case of cash payment on the day of booking (Non-Cancellable, Non-Refundable Rate):
The price is payable in cash, in full on the day the reservation is confirmed by the Customer, according to the terms specified in the “Reservations” article above, by secure payment:
– by bank cards: Visa, MasterCard, American Express, other credit cards (Ecard bleue).
When booking, the Customer provides their bank details, specifying the name of the bank card, the bank card number, the validity date (the bank card must be valid until the end date of the stay) and the cryptogram.
Payment data is exchanged in encrypted mode using the SSL protocol.
The Customer will arrive at the Hotel with the bank card used to pay for the reservation. He or she may be asked to provide proof of identity as part of the procedures to prevent bank card fraud.
The Service Provider will not be required to provide the Services ordered by the Client if the price has not been paid in full in advance under the conditions indicated above.
Payments made by the Client will only be considered final after actual collection of the sums due by the Service Provider.
In case of payment in cash upon provision of services (Flexible Tariff):
The price is payable in cash, in full on the day of provision of the reserved Services under the conditions defined in the article “Provision of Services” below and as indicated on the invoice given to the Client, by secure payment:
– by bank cards: Visa, MasterCard, American Express, other credit cards (Ecard bleue).
Payment data is exchanged in encrypted mode using the SSL protocol.
The Hotel will ask the Client, upon arrival, to pay a security deposit or authorize the debit of his bank card, in order to guarantee payment of the amounts corresponding to the services consumed on site.
The Customer will then provide their bank details, specifying the name of the bank card, the bank card number, the validity date (the bank card must be valid until the end date of the stay) and the cryptogram.
The Customer may be asked to present proof of identity as part of bank card fraud prevention procedures.
The Service Provider will not be required to provide the Services ordered by the Client if the price has not been paid in full in advance under the conditions indicated above.
Payments made by the Client will only be considered final after actual collection of the sums due by the Service Provider.
ARTICLE 5 – Provision of Services
The Services reserved by the Customer, which include hotel room reservation services and ancillary services, will be provided in accordance with the following terms and conditions, under the conditions set out in these General Terms and Conditions of Sale, supplemented by the Conditions of Sale of the Tariff which the Customer has read and accepted when making his reservation on the Hotel's website.
Upon arrival, the Customer will be asked to present their identity document to ensure their obligation to complete a Police Form.
The Hotel is a completely non-smoking area. The customer will be held responsible for any direct and/or indirect, consequential damages resulting from the act of smoking in the Hotel. He will therefore be liable for the full amount of the cleaning and restoration costs of the damaged item or area.
Animals, as long as they are kept on a leash or in a cage in the common areas of the establishment, may be accepted according to the Hotel's current policy for a supplement. For hygiene reasons, animals are not allowed in the dining rooms.
The Client's personal effects left in the Hotel room, in particular outside the safe or in the public areas of the Hotel are the Client's sole responsibility. The Hotel cannot be held responsible for the loss, theft, deterioration or damage caused to said effects.
The customer accepts and undertakes to use the room as a good father. Also, any behavior contrary to good morals and public order will lead the Hotel to ask the Customer to leave the establishment without any compensation and/or without any refund if a payment has already been made. In the event that no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
The Customer will be held liable for all direct and/or indirect, consequential damages caused by him, found in the reserved room or that he may cause within the Hotel. Consequently, he undertakes to compensate the Hotel up to the amount of said damages, without prejudice to any damages that may be due, legal costs and lawyers' fees incurred by the Hotel.
WIFI access (paid or not) allowing customers to connect to the internet may be offered according to the Hotel's current Policy. The customer undertakes that the IT resources made available to them by the hotel will not be used in any way for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code when this authorization is required. If the customer does not comply with the aforementioned obligations, they risk being accused of an offense of counterfeiting (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years' imprisonment. The customer is also required to comply with the security policy of the hotel's internet access provider, including the rules for using the security measures implemented to prevent the illicit use of IT resources and to refrain from any act that undermines the effectiveness of these measures.
Unless expressly provided otherwise, the Room will be made available to the Customer on the day of arrival at 3 p.m. and the Customer will vacate the room on the day of departure at 11 a.m. Otherwise, an additional night will be charged to the Customer. The Customer must check their departure date. In the event of early departure, charges equivalent to one night will be charged, unless the Customer has notified the Hotel at least 24 hours before departure.
The Service Provider undertakes to make its best efforts to provide the Services reserved by the Client, within the framework of an obligation of means.
The Customer will have a period of 8 days from the date of departure from the Hotel to issue, in writing, any reservations or complaints concerning the provision of the Services, with all relevant supporting documents, to the Hotel.
No claim may be validly accepted in the event of non-compliance with these formalities and deadlines by the Client.
In the absence of reservations or complaints expressly issued within this period by the Client upon receipt of the Services, these will be deemed to comply with the reservation, in quantity and quality.
In the event of relocation:
In the event of an exceptional event, force majeure or the impossibility of making the reserved room available to the Client, the Hotel reserves the possibility of providing total or partial accommodation to the Client in a hotel of an equivalent category, for services of the same nature and subject to the prior agreement of the Client.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with Article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in Article L 221-18 of the Consumer Code, given the nature of the services provided.
The contract is therefore definitively concluded upon the reservation being made by the Customer in accordance with the terms specified in these General Conditions of Sale.
ARTICLE 7 – Liability of the Service Provider – Guarantee
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Client, against any lack of conformity or hidden defect, arising from a failure to perform the Services reserved and actually paid for under the conditions and according to the terms defined in these General Conditions of Sale.
The Services provided through the Hotel's website comply with the regulations in force in France. The Service Provider shall not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is the responsibility of the Customer, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 8 – Data Protection and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for processing their reservation and for establishing invoices, in particular.
This data is processed and intended for the Hotel and may be communicated to its potential partners responsible for the execution, processing, management and payment of reservations as well as the Customer's stay.
Furthermore, the Hotel may send its customers its newsletter, promotional offers and a satisfaction questionnaire following their hotel stay by email.
The processing of information communicated via the Hotel's website has been declared to the CNIL.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.
This right may be exercised under the conditions and according to the methods defined on the Hotel's website.
The personal data protection policy can be consulted in the Personal Data Protection Charter available on the Hotel's Website.
ARTICLE 9 – Intellectual property
The content of the Hotel website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 10 – Unforeseen circumstances
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all Service operations from the Service Provider to the Client. The Service Provider and the Client therefore each waive the right to rely on the provisions of Article 1195 of the Civil Code and the regime of unforeseen circumstances provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution proves excessively onerous and to bear all the economic and financial consequences thereof.
ARTICLE 11 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
Article 12: MISCELLANEOUS PROVISIONS
These General Terms and Conditions of Sale, the Personal Data Charter, the Terms and Conditions of Sale of the rate reserved by the Customer, the Reservation Request, the Reservation Confirmation by the Customer, constitute the entire agreement of the parties within the limit of its object. They replace and cancel, consequently, within this limit, any verbal or written agreement that would be prior to them.
No tolerance, whatever its nature, extent, duration or frequency, may be considered as creating any right and may not lead to limiting in any way whatsoever the possibility of invoking each of the clauses of these General Conditions of Sale, at any time, without any restriction.
Any clause of these General Conditions of Sale which is declared null or unlawful by a competent judge shall be deprived of effect, but its nullity shall not affect the other stipulations, nor affect the validity of the General Conditions of Sale as a whole or their legal effects.
ARTICLE 13 – Applicable law – Language
These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 14 – Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the Hotel and the Client will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consum. art. L 612-1) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 15 – Pre-contractual information – Customer acceptance
The Customer acknowledges having received, prior to making his reservation and concluding the contract, in a legible and comprehensible manner, these General Conditions of Sale and all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:
● the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
● the price of the Services and additional costs;
● in the absence of immediate execution of the contract, the date or period by which the Service Provider undertakes to provide the reserved Services;
● information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context,
● information relating to legal and contractual guarantees and their methods of implementation;
● the functionalities of the digital content and, where applicable, its interoperability;
● the possibility of resorting to conventional mediation in the event of a dispute;
● information relating to important contractual conditions.
● the methods of payment accepted.
The fact that a natural person (or legal entity) makes a reservation on the Hotel's website implies full adherence to and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Services ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.
