1. Purpose

These General Terms and Conditions define the rights and obligations of the parties in connection with the online booking of services offered by our establishment, whose contact information is specified in this booking confirmation document. They govern all steps necessary for the booking and follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general terms and conditions of sale and the terms and conditions for the booked rate, which are available on our booking platform. These general terms and conditions of sale apply to all reservations made online via our booking platform.

 

2. Reservation

The customer selects the services presented on our booking platform. The customer acknowledges having reviewed the nature, destination, and booking terms of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make the reservation with full knowledge of the facts. The customer is solely responsible for their choice of services and their suitability for their needs; accordingly, we cannot be held liable in this regard. The reservation is deemed accepted by the customer upon completion of the reservation process.

 

3. Booking Process

Reservations made by the customer are processed via the electronic reservation form accessible online on our reservation platform. The reservation is deemed to have been made upon receipt of the reservation form. The customer agrees, prior to making any reservation, to complete the information requested on the form or in the reservation request. The customer certifies the truthfulness and accuracy of the information provided. After the final selection of the services to be booked, the booking process includes, in particular, entering credit card information if a security deposit or prepayment is required, reviewing and accepting the general terms and conditions of sale and the terms and conditions specific to the booked rate before confirming the booking, and, finally, confirmation of the reservation by the customer.

 

4. Confirmation of Reservation Receipt

Our booking platform acknowledges receipt of the customer’s reservation by sending an email without delay. In the case of an online reservation, the email confirmation of the reservation summarizes the contract offer, the services booked, prices, the terms and conditions of sale applicable to the selected rate (as accepted by the customer), the date of the reservation, information regarding customer service, and the address of the seller’s establishment where the customer may file complaints.

 

5. Cancellation or Modification by the Customer

The customer is reminded, in accordance with Article L. 121-21-8(12) of the Consumer Code, that they do not have the right of withdrawal provided for in Article L. 121-21 of the Consumer Code. The terms of sale for the reserved rate specify the procedures for canceling and/or modifying the reservation. Reservations made with prepayment cannot be modified or canceled. Advance payments, such as deposits, are non-refundable. In such cases, this is specified in the terms and conditions for that rate. When the terms and conditions for the reserved rate permit it, the reservation may be canceled directly with the establishment, whose phone number is provided on the reservation confirmation sent by email. All reservations are non-transferable and may under no circumstances be transferred to a third party, whether for free or for a fee.

 

6. Use of the Service

In accordance with regulations in effect in certain countries, the guest may be asked upon arrival to fill out a police registration form. To do so, the guest will be asked to present a valid ID to verify whether or not they are required to complete the police registration form. Any behavior contrary to public decency and public order will result in the establishment asking the guest to leave the premises without any compensation and/or without any refund if payment has already been made. For establishments with House Rules, the guest agrees to and undertakes to comply with said rules. In the event of the customer’s failure to comply with any provision of the House Rules, the establishment will be obliged to ask the customer to leave the premises without any compensation and/or without any refund if payment has already been made.

 

7. Liability

The photographs displayed on our booking platform are not contractually binding. Although every effort is made to ensure that the photographs, graphics, and text used to illustrate the featured establishments provide as accurate a representation as possible of the services offered, variations may occur between the time of booking and the date the service is provided. The establishment shall not be held liable for the non-fulfillment or improper fulfillment of the reservation in the event of force majeure, acts of third parties, or acts of the customer, including, but not limited to, internet network unavailability, inability to access the website, external intrusion, computer viruses, or in the event of prepayment not authorized by the cardholder’s bank. Any reservation or payment that is irregular, invalid, incomplete, or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer’s expense, without prejudice to any civil or criminal action against the customer.

 

8. Complaints

Complaints regarding the non-performance or improper performance of the reserved services must, under penalty of forfeiture, be brought to our attention in writing within eight days of the date of departure from the establishment.

 

9. Prices

The prices for the reserved services are indicated before and at the time of booking. Prices are confirmed to the customer as total amounts including tax, in the establishment’s business currency, and are valid only for the duration specified on the booking platform. If payment at the establishment is made in a currency other than the one confirmed on the reservation, currency conversion fees are the responsibility of the guest. All reservations, regardless of their origin, are payable in the establishment’s local currency, unless otherwise specified on site. Unless otherwise stated on the booking platform, additional services are not included in the price. Any applicable taxes (local taxes, tourist taxes, etc.), as shown on the rates page, must be paid directly on-site to the establishment. Prices include the VAT applicable on the date of the booking, and any change in the applicable VAT rate will be automatically reflected in the prices listed on the billing date.Any changes to or introduction of new statutory or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices listed on the billing date.

 

10. Payment

The customer must provide their credit card information as a guarantee of the reservation—unless otherwise specified by special conditions or rates—using a credit card or private card (Visa, Mastercard, American Express, Diners Club… depending on the options offered by the establishment’s booking platform) by entering directly, in the field provided for this purpose (secure input via SSL encryption), the card number, without spaces between the digits, as well as its expiration date (it is specified that the credit card used must be valid at the time the service is used) and the security code. The customer must present the credit card used to guarantee the reservation upon arrival at the establishment. The payment will be charged at the establishment during the guest’s stay, except in the case of special conditions or rates where a partial or full charge is made at the time of booking. This prepayment is referred to as a deposit. In the event of a no-show (a reservation that was not canceled—the guest does not arrive) for a reservation guaranteed by credit card, the establishment will charge the guest a flat-rate compensation fee in the amount specified in its general terms and conditions and special terms of sale. The establishment has chosen elloha.com/stripe.com to secure online credit card payments. The validity of the customer’s credit card is verified by stripe.com. A credit card may be declined for several reasons: stolen card, blocked card, credit limit reached, data entry error, etc. In the event of a problem, the customer must contact both their bank and the establishment to confirm their reservation and payment method. For rates requiring online prepayment, the amount paid in advance—the deposit—is charged at the time of booking. Some establishments may generate invoices or receipts electronically; the original file is certified and available online at the web address provided by the establishment.

 

11. Privacy

On each form used to collect personal data, the customer is informed whether responses are required or optional by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners, and its service providers (including online payment service providers). The customer authorizes elloha.com to disclose their personal data to third parties provided that such disclosure is consistent with the performance of the obligations incumbent upon elloha.com under these Terms and Conditions and in accordance with the Customer Privacy Policy. In particular, during online payment, the customer’s banking information must be transmitted by the payment service provider stripe.com to the establishment’s bank for the fulfillment of the reservation contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not provide adequate personal data protection as defined by the French Data Protection Act. However, the customer consents to this transfer, which is necessary for the fulfillment of their reservation. Constellation SAS and Stripe.com, in their capacity as service providers, have committed to the establishment to take all necessary security measures and ensure data confidentiality for such data transfers.

12. Agreement on Evidence

The entry of the required banking information, as well as acceptance of these Terms and Conditions and of the voucher or reservation request, constitutes an electronic signature that has the same legal validity between the parties as a handwritten signature. The electronic records stored in the IT systems of elloha.com will be maintained under reasonable security conditions and shall be considered proof of communications, orders, and payments made between the parties. The customer is informed that their IP address is recorded at the time of booking.

13. Force Majeure

Force majeure refers to any event beyond the control of the parties that is both unforeseeable and insurmountable and that prevents either the customer or the establishment from fulfilling all or part of the obligations set forth in the contract. Events generally recognized by the case law of French courts and tribunals are considered cases of force majeure or unforeseeable circumstances. Neither party may be held liable to the other party for failure to perform its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party shall bear the costs arising therefrom.

14. Dispute Resolution

These General Terms and Conditions of Sale are governed by the law of the country of establishment, without prejudice to any mandatory protective provisions that may be applicable in the consumers’ country of residence.

15. Entire Agreement

These General Terms and Conditions of Sale, the terms and conditions of sale for the rate booked by the customer, and the voucher or reservation request constitute the entire agreement between the parties. No general or specific terms and conditions provided by the customer shall form part of these General Terms and Conditions. The documents constituting the contractual commitments between the parties are, in descending order of priority, the reservation voucher or request (including the specific terms of the reserved rate) and these General Terms and Conditions. In the event of a conflict between the reservation voucher and these General Terms and Conditions, the provisions set forth in the reservation voucher shall be the only ones applicable to the obligation in question. These General Terms and Conditions of Online Sales may be modified and/or supplemented by the establishment at any time. In such cases, the establishment will post the new version of the general terms and conditions for online sales on its website. As soon as it is posted online, the new version of the general terms and conditions for online sales will automatically apply to all customers.