Capitalized terms used herein without prior definition shall have the meanings set forth below:
‘Customer’ means a natural person of legal age, acting for his or her own personal needs and having full legal capacity to enter into commitments hereunder.
‘Conditions of sale of the fare booked’ refers to the specific conditions of each booking made by the Customer.
‘Booking Confirmation’ means the document summarising the details of the booking made by the Customer, sent by the Website or Hostel to the Customer.
‘Reservation request’ refers to any room reservation request made by the Customer.
‘Auberge’ refers to the Auberge Le Bellacha, operated by SAS AUBERGE DU BELLACHA
with a capital of 1000 €, whose registered office is located at 77 Rte de la Scierie 73260 LA LECHERE, registered with the RCS of Chambéry under number 941 732 729.
‘Partners’ refers to all service providers who have concluded a service provision contract or partnership agreement with the Auberge.
‘Service’ refers to any room reservation service provided by the Customer on the Auberge’s website.
‘Auberge website’ means the website dedicated to the Auberge and accessible at the following address https://www.lebellacha.com/
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of room reservation services and related services (‘the Services’) offered by the Auberge to consumers and non-professional customers (‘the Customer’) on the Auberge’s website. The main characteristics of the Services are presented on the Auberge’s website. The Customer is obliged to read them before making any reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Customer declares that they:
● Have full legal capacity to commit to these General Terms and Conditions of Sale.
● Are booking rooms and ancillary services for their personal needs.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other channels for marketing the Services.
These General Terms and Conditions of Sale are accessible at all times on the Auberge website and shall prevail, where applicable, over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded in the computer system constitutes proof of all transactions concluded with the Customer. Thus, the entry of bank details, the acceptance of the General Terms and Conditions of Sale, the Tariff Terms and Conditions of Sale or the Reservation Request, between the Auberge and the Customer have the same value as a handwritten signature on paper. The computerised records kept in the Auberge’s computer systems will be kept under reasonable security conditions and will be considered as proof of communication, orders and payments made between the Auberge and the Customer.
L’Auberge will keep the written record of the conclusion of the contract in electronic or paper format for a maximum of 5 years.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and object to all of his/her personal data at any time by writing in writing and providing proof of his/her identity to : Auberge Le Bellacha – 77 Rte de la Scierie 73260 LA LECHERE
These General Terms and Conditions of Sale also include the Personal Data Charter.
The Customer declares that he/she has read these General Terms and Conditions of Sale (including the Personal Data Charter) and has accepted them by ticking the box provided for this purpose before starting the online booking procedure, as well as the General Terms and Conditions of Use of the Auberge’s website.
Validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter).
The Customer acknowledges that he/she has the capacity required to contract and purchase the Services offered on the Auberge website.
As these General Terms and 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 as long as the services offered by the Auberge are online on the Auberge’s website. The Auberge reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 – Reservations
The Customer selects the services they wish to book on the website, as follows:
1. Select room type and rate
2. Selection of any ancillary services
3. Check and validate the details of the reservation, the total amount of the reservation and the fare conditions.
4. Contact details
5. Enter your credit card details if you wish to pay (deposit or full balance).
6. Consultation and acceptance of the general terms and conditions of sale and the terms and conditions of the fare selected before validating the booking.
7. Validation of the booking
The Customer acknowledges that he/she has taken note of the nature, destination and booking conditions of the Services offered by the Auberge and that he/she has requested and obtained the necessary information to make his/her booking with full knowledge of the facts. They are solely responsible for their choice of services and their suitability for their needs, and the Auberge cannot be held liable in this respect.
The Customer undertakes to complete the information requested on the booking request and attests to the truthfulness and accuracy of the information provided.
Contractual information is presented in French and is confirmed at the latest when the reservation is validated by the Customer.
For bookings made exclusively on the Internet, a booking is registered when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his/her booking. The Customer has the opportunity to check the details of their booking, its total price and to correct any errors before confirming their acceptance (article 1127-2 of the French Civil Code). This confirmation implies acceptance of these General Terms and Conditions of Sale in their entirety and constitutes proof of the sales contract.
It is therefore the Customer’s responsibility to check the accuracy of the booking and to report any errors immediately.
The sale of Services will not be considered definitive until the Auberge has sent the Customer confirmation of acceptance of the reservation by e-mail and has received the deposit (30% of the total price).
Any reservation made on the Auberge’s website constitutes the formation of a contract concluded remotely between the Customer and the Auberge.
The Auberge 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 nominative and may under no circumstances be transferred to a third party.
Cancellation of a booking :
ARTICLE 3 – Prices
The services offered by the Auberge are provided at the rates in force on the website when the reservation is made. Prices are expressed in Euros and include VAT.
The rates take into account any discounts that may be granted by the Auberge under the conditions specified on the website.
These prices are firm and non-revisable during their period of validity, as indicated on the website, with the Auberge reserving the right, outside this period of validity, to modify prices at any time.
Rates are indicated before and at the time of booking by the Customer. They are per room (or per bed for the dormitory) for the number of people and the date selected.
Rates are confirmed to the Customer in the Auberge’s commercial currency and include VAT (including tourist tax). They include VAT at the rate applicable on the day of booking; any change in the rate applicable to VAT will automatically be reflected in the rates indicated on the invoice date. The same will apply to any change or introduction of new legal or regulatory taxes imposed by the competent authorities.
The payment requested from the Customer corresponds to the total amount of the purchase.
Unless selected at the time of booking on the Site, ancillary services (breakfast, etc.) are not included in the price.
An invoice is drawn up by the Auberge and given to the Customer when the reserved Services are provided.
ARTICLE 4 – Terms of payment
The price is payable in cash, in full on the day of confirmation of the booking by the Customer, or by a deposit of 30% as specified in the ‘Bookings’ article above, by bank card, Google Pay or Apple Pay.
Payment data is exchanged in encrypted mode using SSL protocol, and used by the secure online payment platform set up on the website. L’Auberge does not have access to this bank information.
Payments made by the Customer will not be considered final until the Auberge has received the sums due.
ARTICLE 5 – Provision of Services
The Services booked by the Customer, which include room reservations 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 Tariff Terms and Conditions of Sale, which the Customer has read and accepted when booking on the Inn’s website.
On arrival, the Customer will be asked to show proof of identity to ensure that he/she is required to complete a Police Form.
The Auberge is an entirely non-smoking area. The Customer will be held responsible for any direct and/or indirect, consequential damage resulting from the act of smoking in the Auberge. They will therefore be liable for the full cost of cleaning and restoring the damaged item or area to its original state.
Pets, provided they are kept on a lead or in a cage in the common areas of the establishment, may be accepted in accordance with the policy in force at the Auberge, subject to payment of a supplement. For reasons of hygiene, pets are not allowed in the dining rooms.
Any personal belongings left in the room or in the public areas of the Auberge are the sole responsibility of the Customer. The Inn cannot be held responsible for the loss, theft, deterioration or damage caused to the said belongings.
The Customer will be held responsible for all direct and/or indirect, consequential damage caused by him/her in the room booked or which he/she may cause within the hostel. Consequently, he/she undertakes to compensate the Auberge for the amount of the said damage, without prejudice to any damages and interest that may be due, procedural and legal costs incurred by the Auberge.
WIFI access (free of charge) enabling customers to connect to the Internet may be offered in accordance with the policy in force at the hostel. The customer undertakes to ensure that the IT resources made available by the hostel 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 aforementioned obligations, he or she runs the risk of being accused of counterfeiting (article L.335-3 of the French 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 hostel’s internet service provider, including the rules governing the use of security measures implemented to prevent the unlawful use of IT resources, and to refrain from any action that undermines the effectiveness of these measures.
Unless expressly agreed otherwise, the room will be made available to the Customer on the day of arrival at 2 p.m. and the Customer will leave the room on the day of departure at 12 noon. Failing this, the Customer will be charged for an additional night. The Customer must check his/her departure date. In the event of early departure, a charge equivalent to one night’s accommodation will be made, unless the Customer has notified the Auberge at least 24 hours before departure.
L’Auberge undertakes to use its best endeavours to provide the Services booked by the Customer, on a best endeavours basis.
The Customer will have a period of 8 days from the date of departure from the Inn in which to express any reservations or complaints regarding the provision of the Services in writing to the Inn, together with all the relevant supporting documents.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.
In the absence of reservations or complaints expressly made within this time limit by the Customer upon receipt of the Services, the latter shall be deemed to comply with the reservation, in terms of 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 Customer, the Auberge reserves the right to accommodate the Customer in whole or in part in a hotel of an equivalent category, for services of the same nature and subject to the Customer’s prior agreement.
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 as soon as the reservation is made by the Customer in accordance with the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 7 – Liability of the Auberge – Guarantee
In accordance with legal provisions and without additional payment, the Auberge guarantees the Customer against any lack of conformity or latent defect resulting from a failure to provide the Services reserved and actually paid for under the conditions and according to the procedures defined in these General Terms and Conditions of Sale.
The Services provided via the Auberge website comply with the regulations in force in France. The Auberge may 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 up to the Customer, who is solely responsible for the choice of Services requested, to check.
ARTICLE 8 – Data protection
In application of law 78-17 of 6 January 1978, the Customer is reminded that the personal data requested from him/her is necessary for the processing of his/her reservation and, in particular, for the preparation of invoices.
This data is processed and intended for the Auberge and may be communicated to any of its partners responsible for carrying out, processing, managing and paying for bookings and the Customer’s stay.
In addition, the Auberge may send its customers its newsletter, promotional offers and a satisfaction questionnaire following their hotel stay by e-mail.
The processing of information communicated via the Auberge website has been declared to the CNIL.
In accordance with current national and European regulations, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.
This right may be exercised in accordance with the terms and conditions set out on the Auberge’s website.
The personal data protection policy can be consulted in the Privacy Policy available on the Auberge website.
ARTICLE 9 – Intellectual property
The content of the Auberge website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 10 – Anticipation
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all services provided by the Auberge to the Customer. The Inn and the Customer therefore each waive the right to invoke the provisions of article 1195 of the Civil Code and the unforeseeable circumstances provided for therein, and undertake to fulfil their obligations even if the contractual balance is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance 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 is due to force majeure as defined in article 1218 of the French Civil Code.
Article 12: Miscellaneous provisions
These General Terms and Conditions of Sale, the Personal Data Charter, the Terms and Conditions of Sale for the fare booked by the Customer, the Booking Request and the Booking Confirmation by the Customer constitute the entire agreement between the parties within the limits of its purpose. They therefore replace and cancel, within this limit, any previous verbal or written agreement.
No tolerance, whatever its nature, extent, duration or frequency, may be considered as creating any right whatsoever and may not lead to limiting in any way whatsoever the possibility of invoking each of the clauses of these General Terms and Conditions of Sale, at any time, without any restriction whatsoever.
Any clause of these General Terms and Conditions of Sale which may be declared null and void or unlawful by a competent court will be rendered ineffective, but its nullity will not affect the other stipulations, nor will it affect the validity of the General Terms and Conditions of Sale as a whole or their legal effect.
ARTICLE 13 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising 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 will be deemed 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 terms and conditions of sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences, and which could not be resolved between the Auberge and the Customer, shall be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In the event of a dispute between the professional and the consumer, they shall endeavour to find an amicable solution.
ARTICLE 15 – Pre-contractual information – Customer acceptance
The Customer acknowledges that, prior to making a reservation and concluding the contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with the following information:
● the essential characteristics of the Services, taking into account the communication medium used and the Service concerned ;
● the price of Services and ancillary costs ;
● in the absence of immediate performance of the contract, the date or deadline by which the Inn undertakes to provide the reserved Services ;
● information relating to the identity of the Auberge, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
● information relating to legal and contractual guarantees and their implementation procedures;
● the functionalities of the digital content and, where applicable, its interoperability;
● information relating to material contractual terms.
● the means of payment accepted.
The fact that a natural person (or legal entity) makes a reservation on the Auberge’s website implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Auberge.
