GENERAL TERMS AND CONDITIONS

PREAMBLE

These General Terms and Conditions of Sale (“GTC”) apply to any use of the website by a client (“the Client”) for the booking of any accommodation and service provided by Villa Héloïse (Company LE CALVEZ-MATHE), through the following channels:

On the website https://villa-heloise.com/ (“the Website”);

– By phone or email to Villa Héloïse;

– On site at the Villa Héloïse reception;

– Through Partners.

Villa Héloïse reserves the right to amend or modify these General Terms and Conditions of Sale at any time. The terms applicable to a booking are those published on the Website on the date the booking is registered.

The Client must confirm, by ticking the appropriate box, that they have read and accepted these GTC as well as the rate-specific terms of sale before finalising their reservation. No booking can be completed without this confirmation.

For any other booking method, the Client receives the GTC, the applicable rate terms, and the privacy policy in response to their booking request. The Client’s booking confirmation constitutes full and unconditional acceptance of these terms.

The following information is available on the Website and within the booking system:

– Legal notices,

– The essential characteristics of the accommodation offered by Villa Héloïse,

– The essential characteristics of additional and optional services offered,

– Prices including all applicable taxes,

– The rate-specific terms of sale, including offer validity and pricing,

– Payment terms,

– The present GTC.

All information presented on the Website is available in both French and English.

All Clients acknowledge they have the legal capacity to enter into a contract, meaning they are of legal age and not under guardianship or curatorship.

DEFINITIONS

The following terms shall have the meanings set out below:

“Booking Confirmation”: a dematerialised document sent to the Client to confirm that their booking has been processed, summarising the characteristics of the accommodation and services booked by the Client.

“Client”: a natural person acting solely for personal purposes.

“Rate-specific Terms of Sale”: the price applicable on the date selected by the Client for a room category, with or without services, along with the associated payment and cancellation terms.

“LE CALVEZ-MATHE”: refers to Villa Héloïse, a 3-star hotel.

“Partners”: refers to any service provider or partner that has entered into a service contract or partnership agreement with the operator of Villa Héloïse.

“Website”: refers to the website https://villa-heloise.com/.

PURPOSE

These General Terms and Conditions define the rights and obligations of the Client and Villa Héloïse. They govern all the steps required for the booking process and the follow-up of the reservation between the contracting parties.

The Client acknowledges having read and accepted these General Terms and Conditions of Sale as well as the applicable Rate-specific Terms of Sale.

BOOKING

The Client selects accommodation and services from those offered by Villa Héloïse according to their needs.

The Client selects accommodation and services from those offered by Villa Héloïse according to their needs. The Client acknowledges having read and understood the nature, price, purpose, and booking terms of the accommodation and services, and confirms having requested and obtained all necessary and/or additional information, particularly the Rate-specific Terms of Sale, to make an informed booking.

For any private hire of space within Villa Héloïse, a contact email address is available on the Website: contact@villa-heloise.com.

The Client is solely responsible for choosing the accommodation and services, and for ensuring their suitability to their needs. Therefore, Villa Héloïse cannot be held liable in this regard.

The booking is deemed accepted by the Client at the end of the booking process.

All bookings are personal and may under no circumstances be transferred to a third party, whether for free or for a fee. Any booking made on behalf of another person must be made in the name of the person who will be staying.

BOOKING PROCESS

The Client may make a reservation directly:

– Online on the Website;

– By telephone or email with Villa Héloïse;

– On site at the reception desk of Villa Héloïse;

– Through Partners.

The booking request is confirmed upon receipt by the Client of the Booking Confirmation, sent by Villa Héloïse or by the Partner.

During the booking process, the Client must provide a number of mandatory details, including certain personal data required for processing the booking. The Client must also specify the number of persons benefiting from the services, along with their ages. Any minor over the age of 13 is considered an adult.

The Client confirms the truthfulness and accuracy of the information provided.

The booking procedure includes the following steps:

– Step 1 – Selection of the stay dates and number of participants;

– Step 2 – Selection of the room and the applicable Rate-specific Terms of Sale;

– Step 3 – Mandatory entry of the Client’s contact details, and optional entry of the names/first names/ages of room occupants, as well as any special requests;

– Step 4 – Presentation of the booking summary, the total price, and the Rate-specific Terms of Sale, including payment and cancellation conditions, along with the possibility to modify the booking details (dates, room, rate, additional services), and tourist tax information if applicable;

– Step 5 – Entry of credit card details in case of a guarantee or prepayment requirement;

– Step 6 – On the Website, the Client confirms, by ticking the box, that they have read and accepted the GTC, the applicable Rate-specific Terms of Sale, and the privacy policy before finalising the booking; no reservation can be completed without this agreement;

– Step 7 – Confirmation and validation of the booking and payment by the Client. The entry of banking details constitutes the Client’s acceptance and forms a binding contractual commitment with Villa Héloïse.

– Step 8 – Receipt by the Client of the booking confirmation email. This email summarizes the date of the reservation, the services booked, the prices including any applicable taxes, the accepted Rate-specific Terms of Sale (including cancellation terms), and the address of Villa Héloïse. If the confirmation email is not received within 24 hours of the reservation, the Client is responsible for contacting Villa Héloïse to verify the booking information and ensure it has been properly recorded.

CANCELLATION OR MODIFICATION

The Client is reminded that, in accordance with Article L. 221-28, paragraph 12 of the French Consumer Code, they do not benefit from the right of withdrawal provided for in Article L. 221-18 of the same Code.

The Rate-specific Terms of Sale accepted by the Client specify the cancellation and/or modification conditions applicable to the reservation. If the Client chooses a flexible rate, they must take all necessary measures to ensure that Villa Héloïse can charge their credit card the remaining balance of the reservation after the end of the period during which cancellation is permitted, and the Client shall not oppose such a charge.

Where the Rate-specific Terms of Sale allow it, cancellation or modification may only be made directly with Villa Héloïse.

The cancellation policy and the consequences of the Client’s no-show at Villa Héloïse are detailed in the Rate-specific Terms of Sale.

STAY AT VILLA HÉLOÏSE

All guests staying at the property must present a valid ID at check-in.

Foreign guests, including companions and minors over the age of 15, are required to complete an “individual police form.” Children under the age of 15 may be listed on the form of an accompanying adult. The information collected on these forms is governed by Article R.611-42 of the French Code governing the entry and residence of foreigners and the right of asylum.

The Client may not allow third parties into their room without the express prior authorisation of Villa Héloïse, which reserves the right to carry out any necessary verification.

Only assistance dogs or dogs weighing less than 10 kg are accepted at Villa Héloïse.

The Client agrees to use the room and the common areas made available in a reasonable and respectful manner. Any behaviour that violates safety and/or hygiene rules, public decency, or public order may result in Villa Héloïse requiring the Client to leave the premises without any refund.

Any damage caused by the Client or by occupants under their responsibility in the room or in any space used during the stay may be invoiced directly to the Client based on the cost of repairs. In any case, damages must be reported to the Villa Héloïse reception.

Room amenities (excluding consumables) such as towels, bathrobes, carafes, coffee machines, kettles, etc., remain the property of Villa Héloïse. If Villa Héloïse finds that any of these items are missing after the Client has vacated the room, they may be charged to the Client.

For safety reasons and out of respect for all guests, smoking is strictly prohibited within the premises of Villa Héloïse. In accordance with the French Public Health Code regarding the smoking ban in shared spaces, smoking inside the property may expose the Client to fines applicable for third-class offences.

Penalties up to the full cost of the booked room may apply if the Client fails to comply with posted no-smoking signage in the room.

If the Client fails to check out by the time specified in the Rate-specific Terms of Sale, an additional night’s stay will be charged.

Upon arrival, the hotel may request a security deposit or a credit card pre-authorisation (no charge will be made) in the amount of €150, which may be used in case of any damages or losses, without prejudice to any other rights or remedies. This pre-authorisation will be cancelled upon the Client’s departure if no damage is found.

LIABILITY

The photographs presented on the Website are non-contractual. Although every effort is made to ensure that the photographs, graphic representations, and texts used to illustrate Villa Héloïse give as accurate a representation as possible of the accommodation and services offered, variations may occur, particularly due to changes in furniture or renovations. The Client may not make any claims on such grounds.

In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the elements featured in the Website offers is strictly prohibited.

Any booking or payment that is irregular, inoperative, incomplete, or fraudulent due to the Client will result in the cancellation of the reservation at the Client’s expense, without prejudice to any civil or criminal proceedings that may be initiated against them.

Villa Héloïse reserves the right to deny entry to or expel, without refund, any Client whose attire is inappropriate, indecent, or negligent; any Client behaving in a disruptive, offensive, or intoxicated manner; or any Client whose conduct violates hygiene standards, public decency, or public order.

PRICE

The prices related to the booking of accommodation and services are communicated before and during the booking process.

The prices are given per room, based on the number of guest(s) and the selected date(s). At the time of the Client’s booking confirmation, the total amount of the reservation will be indicated. Prices include VAT as applicable on the date of booking. Any change in the applicable VAT rate will automatically be reflected in the prices indicated on the invoice date.

Prices are confirmed to the Client inclusive of all taxes (TTC), in the commercial currency of Villa Héloïse (Euro). The prices communicated are only valid for a specified period.

The tourist tax and any other local taxes specific to the municipality for each rate are not included in the advertised rate and must be paid directly on site at the hotel during check-in or check-out.

The tourist tax is €2.17 per adult, per night.

Any changes or new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the invoice date. Indeed, rates may be subject to different taxes depending on the city or country. These taxes will be communicated to the Client at the time of booking if known by Villa Héloïse at that time. If not, they will be posted at the reception of Villa Héloïse. The Client agrees to pay these various taxes without objection to Villa Héloïse.

PAYMENT

The Client provides their payment information either (i) to prepay the reservation before the stay, or (ii) as a guarantee in case of a “no-show.”

When paying by credit card, the required information includes: the card number, its expiry date (the card must be valid at the time of the stay), and the security code for prepayments.

All booking steps are secured. The Client’s information is encrypted and protected through server authentication and data stream encryption. The Synexis booking system is hosted in a secure server environment equipped with biometric security, firewalls, and other advanced technologies to prevent interference and block any unauthorized access.

The Client’s payment card is subject to security checks (credit limit verification, card origin check, IP address verification) by the designated payment partner and may be declined for several reasons: stolen or blocked card, exceeded limit, input error, etc. In the event of a problem, the Client must contact both their bank and Villa Héloïse to confirm their booking and payment method. The available online payment methods include Visa and Mastercard, and American Express. This list may change over time.

If the Client pays directly at Villa Héloïse, alternative payment methods (such as cash) may be accepted, but the Client must present the credit card used to secure or prepay the reservation to verify their identity. Villa Héloïse may also request proof of identity to prevent credit card fraud.

Cheques are not accepted at Villa Héloïse.

At the time of prepayment, the amount charged at booking includes: the cost of the stay (including accommodation and related taxes, dining services and related taxes), and any additional services selected by the Client, excluding the tourist tax and/or any other tax due in connection with the Client’s stay at Villa Héloïse.

PERSONAL DATA

For the purposes of this document, Villa Héloïse is considered the data controller in accordance with the applicable regulations, namely Regulation (EU) 2016/679 of 27 April 2016, known as the General Data Protection Regulation (GDPR), and French Law No. 78-17 on Information Technology, Data Files and Civil Liberties, in its updated version.

In this capacity, and within the framework of the contractual relationship with the Client, Villa Héloïse undertakes to process the personal data provided by the Client in compliance with the provisions of the GDPR and in accordance with its data protection policy, available on our website.

In accordance with the French Consumer Code, any consumer who does not wish to be contacted for commercial solicitation may register free of charge on the government’s Bloctel telephone opt-out list.

PROOF AGREEMENT

The entry of the required payment information, along with acceptance of the GTC and the Rate-specific Terms of Sale, constitutes acceptance of the accommodation contract between the parties and has the same legal value as a handwritten signature.

FORCE MAJEUR

Neither party shall be held liable to the other in the event of failure to fulfil their obligations due to a force majeure event.

It is expressly agreed that force majeure suspends the reciprocal obligations of the parties, and that each party shall bear the costs arising from such circumstances.

Force majeure events are those typically recognised under the case law of the French Court of Cassation.

In the event of force majeure or another exceptional circumstance preventing Villa Héloïse from providing the room booked by the Client, Villa Héloïse may offer alternative accommodation in a hotel of at least the same category, or if in a lower category, a room of a higher level than originally booked, with equivalent services. Any additional costs related to this relocation, for equivalent services, will be borne by Villa Héloïse.

If the proposed relocation is refused by the Client or cannot be implemented, the Client may agree with Villa Héloïse on a new booking date. Failing agreement, the reservation will be cancelled and the Client will receive an immediate refund.

HARDSHIP

These GTC explicitly exclude the legal regime of hardship provided for in Article 1195 of the French Civil Code. Villa Héloïse and the Client therefore each waive the right to invoke the provisions of Article 1195 and agree to bear their respective obligations even if unforeseen circumstances at the time of contract conclusion disturb the contractual balance, even to the point of making execution excessively burdensome. Each party agrees to bear all resulting economic and financial consequences.

APPLICABLE LAW

These GTC are governed by French law.

The Client is informed by Villa Héloïse of the possibility, in the event of a dispute related to these GTC, of resorting to conventional mediation or any other alternative dispute resolution method, in accordance with Title I of Book VI of the French Consumer Code.

ENTIRE AGREEMENT

The GTC, the Rate-specific Terms of Sale selected by the Client, and the booking confirmation represent the entire agreement between the parties.

No general or specific condition communicated by the Client may be incorporated into the GTC.

In the event of a conflict between the booking confirmation (including the Rate-specific Terms of Sale) and the GTC, the terms set out in the booking confirmation shall prevail.