general terms and conditions of sale

general terms and conditions of sale



1. Purpose
These general conditions define the rights and obligations of the parties in the context of the remote booking of services offered by Le Logis de la Bénétière on its Website and its Mobile Services.
They govern all the stages necessary for the reservation and follow-up of the reservation between the contracting parties.
Any reservation therefore implies that the customer accepts these conditions in full and without reservation.
All clients acknowledge that they have the capacity to contract, i.e. that they are of legal age and are not under guardianship or tutelage.
The names "Logis de la Bénétière" and "site" refer throughout this text to the site named www.logisdelabenetiere.com and corresponding to the domain name that can be consulted at http://www.logisdelabenetiere.com
2. Scope of application
These general terms and conditions of sale apply to all bookings made via the Internet, through the Website or the Mobile Services and its partners.
3. Opposability of the general conditions
In any event, the version of the general terms and conditions of sale that is enforceable against the client is the one in force at the time of the reservation on the Website or the Mobile Services or with its partners.
4. Booking
Reservations can be made by telephone, e-mail or post.
The reservation will only be effective if it is guaranteed by the client by payment of a deposit of 30%, and after receipt of the completed and signed contract.
Payment for all services must be made directly to the establishment.
Reservations, regardless of their origin, are payable in euros only.
5. Payment
There are two ways of paying the deposit: 
- either by cheque made out to the establishment and sent directly to the establishment
- or by bank transfer.
The reservation becomes firm and definitive only on receipt of the deposit by the establishment, within the specified time.
The balance of the stay must be paid on site at the establishment.
6. Right of withdrawal
The client is reminded, in accordance with article L. 121-21-8 12° of the French Consumer Code, that he/she does not have the right of withdrawal provided for in article L. 121-21 of the French Consumer Code.
The Terms and Conditions of Sale for the fare booked specify the procedures for cancelling and/or modifying the booking.
7. Modification of the stay
Any change to a reservation must be requested by email or by telephone. The request will only become effective once the establishment has confirmed its acceptance in writing.
In the event of a change to the stay, the following conditions apply (except in cases of force majeure):
- Any stay started is fully due.
8. Cancellation of stay
Any cancellation of a reservation must be requested by email to the establishment or by telephone. The request will only become effective once the establishment has confirmed its acceptance in writing.
In case of cancellation of a stay, the following conditions apply (except in cases of force majeure):
- For any request made more than 30 days before the planned date of arrival, the deposit remains with the owner.
- For any request made less than 7 days before the planned date of arrival, the full amount of the stay will be charged.
- In case of no-show on the arrival date, the total amount of the stay will be charged.
- Any stay started is fully due.
9. Force majeure
Force majeure refers to any event external to the parties that is unforeseeable, insurmountable and external to the parties and which prevents either the client or the establishment from fulfilling all or part of the obligations set out in the contract.
Are considered as force majeure or fortuitous event those usually recognized by the jurisprudence of the French Courts and Tribunals.
Each party may not be held liable 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 performance of their mutual obligations and that each party shall bear the costs arising from it.
***In the context of the COVID 19 health crisis, the establishment accepts changes to the dates of stay only if government directives prevent or restrict travel. The closure or cancellation of Puy du Fou shows is not a valid reason for cancellation. Our cancellation conditions in the contract apply. ****
10. Prices
Prices are indicated in Euros.
The prices indicated only include the services strictly mentioned in the reservation.To the price mentioned in the reservation shall be added, at the time of invoicing, the additional services provided by the establishment during the stay and, where applicable, the tourist tax.
The applicable prices are those in force on the day of the reservation. The establishments are independent professionals and are free to change their prices at any time. Only the price indicated in the booking confirmation is contractual.
11. Complaints, disputes
Any complaint must be made to the establishment within 7 days of the date of stay.
In the absence of recourse to the conventional mediation procedure or to any alternative method of settling disputes within a period of 30 days, each of the parties may refer the matter to the competent legal jurisdiction.
12. Responsibilities
It is the responsibility of the Establishment to take out all guarantees and insurance necessary for the reception of the public in its Establishment and for the exercise of its activity.
The Establishment's liability is limited in the event of theft of goods or objects when they have been entrusted to its care only.
The client must ensure the custody of his goods and materials. The client must inform the establishment of any damage caused by him/her. The client is responsible for all damage caused by him/her and undertakes, in the event of damage to the premises made available (room, common areas such as the swimming pool, jacuzzi, garden, lounge, sanitary facilities), to pay the cost of repairing the damage. The use of the swimming pool by children is under the full responsibility of the parents or accompanying adult. The swimming pool area is open from 3pm to 9pm (5pm to 9pm on the day of arrival) and is forbidden to unaccompanied children.
Any behaviour contrary to public morality and order will lead the establishment to ask the client to leave the establishment without any compensation or refund if payment has already been made. If no payment has yet been made, the client must pay the price of the nights consumed before leaving the establishment.
The client undertakes not to invite any person whose behaviour is likely to be prejudicial to the establishment, which reserves the right to intervene if necessary. The client may not bring in any outside drinks or foodstuffs without prior authorisation from the management. The client undertakes to ensure that the participants and their guests respect all the rules and regulations of the establishment (in particular the ban on smoking). The client shall ensure that the participants do not disrupt the operation of the establishment or jeopardise the safety of the establishment and the persons in it.
Unless otherwise expressly agreed, the client must leave the room before 11 a.m. on the day the reservation ends. 
The Logis de la Bénétière offers free WIFI access (WIFI_GITE) allowing guests to connect to the internet. The customer undertakes to ensure that the computer resources made available by the establishment are not used in any way for the purposes of reproduction, representation, making available 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 authorisation of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorisation is required. If the customer does not comply with the above obligations, he/she risks being accused of an infringement of copyright (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 establishment's Internet access provider, including the rules for using the security measures implemented to prevent the illicit use of computer resources and to refrain from any act that undermines the effectiveness of these measures.
The photographs presented on the Site and the Mobile Services of the establishment or those of the partners are merely indicative. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate an idea as possible of the accommodation services offered, variations may occur, particularly due to changes in furniture or possible renovations.
The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, the act of a third party, unforeseeable and insurmountable, the act of 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 unauthorised prepayment by the bearer's bank.
13. Relocation
In the event of an exceptional event or the impossibility of making the reserved room available to the client or in the event of force majeure, the establishment reserves the right to accommodate the client in whole or in part in an establishment of an equivalent category, for services of the same nature and subject to the prior agreement of the client.
Any additional costs for the room, transport between the two establishments and a telephone call will be charged to the establishment.
14. Mediation
The decree of 30 October 2015 on the mediation of consumer disputes, which transposes into French law Directive 2013/11/EU of 21 May 2013 on the out-of-court settlement of consumer disputes, and Order No. 2015-1033 of 20 August 2015 on the out-of-court settlement of consumer disputes, specify the conditions of application of Article L152-1 of the French Consumer Code, which obliges professionals in all consumer sectors to offer a mediation procedure in the event of a dispute with their customers. According to the law, the outcome of the mediation must be reached within 90 days. We invite you to formulate your requests exclusively by e-mail which will bring a dating of your correspondence and to keep a personal archive.
Internal mediation
For all disputes that have not been resolved, we invite you to contact the Internal Mediation Service, which undertakes to provide you with a satisfactory response within 30 days.
In the event of dissatisfaction, you are advised to contact an external mediator of your choice.
External mediation
You will find all the official information about mediation on the government website: http://www.economie.gouv.fr/mediation-conso
We invite you to consult the Medicys website: https://www.mieist.bercy.gouv.fr
If you are a member of the FEVAD or if you want to consult or join them: http://www.mediateurfevad.fr
The DGCCRF website: https://www.economie.gouv.fr/dgccrf
You can also consult the European Commission's appeals: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
We would like to inform you of the existence of the European authority, which is called upon to give binding decisions on disputes concerning cross-border processing activities, thus guaranteeing a uniform application of EU rules and avoiding that different answers are given to the same case in several jurisdictions: https://edpb.europa.eu/edpb_fr
15-Applicable law
These terms and conditions of sale are subject to French and European law.