Legal notices
GENERAL TERMS AND CONDITIONS OF SALE
The purpose of these terms and conditions (hereinafter referred to as the “Terms and Conditions”) is to define
the terms and conditions under which the Canella Beach Hotel (hereinafter referred to as the “Hotel”) allows its
customers (hereinafter referred to as the “Customer(s)”) to benefit from an online booking service, available on
the www.canellabeachhotel.com website (hereinafter referred to as “the Website”) and further described below.
Prior to any booking on the Website, the Customer must declare that they have the full legal capacity to proceed
under these Terms and Conditions The Customer is invited to carefully read these Terms and Conditions, the
prior acceptance of which is mandatory for any booking on the Website. All Customers are advised to save and
print these Terms and Conditions using the standard features of their browser and computer. The Hotel reserves
the right to modify or supplement, at any time, all or part of these Terms and Conditions. In this case, the new
version of the Terms and Conditions will be available on the Website with its effective date. Customers are
advised to regularly consult the Terms and Conditions to ensure they are aware of any possible changes. In any
event, the Customer will only be bound by the version of the Terms and Conditions in force at the time the
Customer makes the booking on the Website.
1. PURPOSE
The Website allows for the booking of rooms in the Canella Beach Hotel located in Le Gosier, Guadeloupe.
The essential characteristics, availability dates, price, options offered, payment terms and special conditions of
sale applicable to the selected rate (warranty policies, cancellation conditions, check-in time, etc.) are presented
during the booking process on the Website.
The Customer is invited to specify any special requests when booking, using the box reserved for this purpose. For
example, booking of childcare equipment for young children, food allergies, presence of pets (for hygiene reasons,
animals are never allowed in the dining rooms).
The Website also allows for the booking of extras such as the half-board option. These extras can be booked
online or on site subject to availability and unless otherwise stated on the Website.
2. BOOKING
The booking process on the Website includes the following steps:
– Step 1: the Customer enters their chosen dates and applies a promo code, if applicable,
– Step 2: the Hotel displays the results, and the Customer selects a room and rate from the options offered,
– Step 3: the Customer selects any extras,
– Step 4: the Hotel provides a summary of the booking: the characteristics of the room, the duration of the stay,
the options included (e.g. child breakfast), and the total price of the booking, including the details of the
applicable taxes. The Customer must inform the Hotel of their arrival time, and can make any special requests
(food preference, pets, etc.).
The Customer must also provide their contact details (title, last name, first names, email address, telephone
number) and payment data (credit/debit card).
Booking confirmation requires the prior consultation and acceptance of these Terms and Conditions by ticking
the dedicated box.
– Step 5: The Hotel receives the booking and provides a summary (dates, extras, price). Any booking is
deemed to have been made as soon as the Customer clicks “Book”.
The Customer may book up to a maximum of 5 rooms on the Website. Beyond this limit, the Customer is asked
to contact the Hotel by phone or email using the contact details on the Website. Rooms will be available on the
day of arrival from 15:00 (local time) until 12:00 on the day of departure (local time).
Early check-in or late check-out must be requested from the Hotel and may, if necessary, be subject to an
additional flat fee.
Upon arrival at the Hotel, the Customer will be asked to present an identity document in order to verify their
identity.
3. PRICE
The prices relating to the booking on the Website are indicated before, during and after the booking.
The prices indicated are per room for the number of person(s), the date selected and the extras selected.
Upon confirmation, the Customer is informed of the total price in euros that they must pay (including taxes, other
than the tourist tax).
Unless otherwise stated on the Website, extras that are not offered at the time of booking on the Website are not
included in the price.
The tourist tax, which is not included in the price, as noted during the booking process on the Website, must be
paid directly to the Hotel on site.
Prices are inclusive of the VAT applicable on the day of booking, and any change to the applicable VAT rate will
be automatically reflected in the prices indicated on the date of invoicing.
Any changes to or introduction of new legal or regulatory taxes imposed by the competent authorities will
automatically be reflected in the price indicated on the date of invoicing.
Some promotional offers are only available on the Website.
4. PAYMENT
In case of payment in full on the day of booking (Non-Cancellable Non-Refundable Rate):
The price is payable in full on the day of confirmation of the booking by the Customer, according to the terms
specified in the “Booking” article above, using the following secure payment methods:
– credit/debit card: Visa, MasterCard, American Express, other cards (E-Carte Bleue).
When booking, the Customer communicates their payment details by specifying the name on the card, the card
number, the card validity date (the card must be valid until the end date of the stay), and the card security code.
Payment data is exchanged in an encrypted form using the SSL protocol.
The Customer must bring the credit/debit card they used to pay for the booking with them to the Hotel. They may
be asked to present an identity document as part of the procedures to prevent card fraud.
The service provider is not required to provide the Customer with the requested services if the price has not
previously been paid in full and according to the aforementioned conditions.
Customer payments will not be considered final until the service provider has confirmed actual receipt of the
amounts due.
In case of payment in full upon provision of services (Flexible Rate):
The price is payable in full on the day of the provision of the booked services according to the conditions defined
in the “Provision of Services” article below, and as indicated on the invoice given to the Customer, using the
following secure payment methods:
– credit/debit card: Visa, MasterCard, American Express, other cards (E-Carte Bleue). Payment
data is exchanged in an encrypted form using the SSL protocol.
Upon arrival, the Hotel will ask the Customer to pay a security deposit or authorise a charge to their credit/debit
card in order to guarantee the payment of the sums corresponding to the services enjoyed on site.
The Customer will communicate their payment details by specifying the name on the card, the card number, the
card validity date (the card must be valid until the end date of the stay), and the card security code.
The Customer may be asked to present an identity document as part of the procedures to prevent card fraud.
The Canella Beach Hotel reserves the right to verify the personal data communicated by the Customer and to
adopt all the measures deemed necessary to verify that the person whose account is debited is the one who
placed the order, in order to avoid any fraudulent payment.
This verification may take the form of a request for proof of identity and/or address and/or bank documents (bank
account details). Failure by the customer to respond to a request of this type within 2 days of the request made by
the Hotel will automatically result in the cancellation of the booking concerned, with no possibility of subsequent
claims.
The Hotel is also free to proceed with the direct cancellation of a booking that raises one or more red flags for
fraudulent credit/debit card use.
The service provider is not required to provide the Customer with the requested services if the price has not
previously been paid in full and according to the aforementioned conditions.
Customer payments will not be considered final until the service provider has confirmed actual receipt of the
amounts due.
5. CANCELLATION POLICY
Stays booked on the Website can be cancelled and modified without charge or conditions up to 3 days before
the Customer’s arrival date.
In case of cancellation less than 72 hours before the arrival date or a no-show at the hotel, the Customer will be
charged for the first night without extras, with no possibility of a refund.
“Non-cancellable/non-refundable” offers are subject to a cancellation fee of 100% of the total amount of the stay.
6. NO RIGHT OF WITHDRAWAL
With regard to booking rooms online, the Customer is reminded that they do not have the right of withdrawal
provided for in Article L. 221-18 of the French Consumer Code, in accordance with Article L. 221-28 paragraph
12 of the French Consumer Code, which excludes this right for contracts relating to the provision of
accommodation services that must be provided on a specified date or period.
7. CUSTOMER RESPONSIBILITIES
7.1 The Customer is solely responsible for their choice of room and date on the Website, and their suitability
for the Customer’s own needs; the Hotel can in no way be held liable in this regard.
The Customer is also solely responsible for the information provided at the time of any stay booking. The Hotel
cannot be held liable in the event of erroneous or fraudulent information communicated by the Customer. The
Customer undertakes to use the Website in accordance with the applicable regulations and these Terms and
Conditions. In the event that the Customer breaches their obligations under these Terms and Conditions, the
Customer can be held liable for any damage caused by the Customer to the Hotel or to third parties. As such,
the Customer undertakes to indemnify the Hotel against all claims, actions or complaints of any kind that may
result therefrom, and to compensate it for any damages, costs or compensation whatsoever relating thereto.
7.2 Any booking or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the
Customer will result in the cancellation of the booking of the stay at the Customer’s expense, without prejudice to
any action that the Hotel may bring against the latter.
7.3 The Customer must not smoke in the common rooms of the Hotel.
7.4 The Customer must not disrupt the operation of the Hotel or compromise the safety of the Hotel or persons
therein. More broadly, any behaviour contrary to good morals and public order within the Hotel, as well as noncompliance with the Hotel’s Internal Regulations, will lead the Hotel manager and/or any other service provider
mandated by the latter to ask the Customer to leave the premises 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 stay enjoyed before leaving the premises.
7.5 In its relations with the Hotel, the Customer undertakes to remain courteous and not to make derogatory
comments, in particular with regard to Hotel employees or collaborators, in accordance with the rules of common
sense and politeness. The Hotel reserves the right to take any appropriate action against the Customer in the
event of injurious or reprehensible behaviour (i.e. unpleasant, malicious or insulting behaviour), in particular
where directed towards the Hotel, its employees or collaborators.
7.6 Minors may only stay at the Hotel if accompanied by an adult and with personal identification. If the
accompanying person is an adult other than the minor’s parents, they must have permission from the minor’s
parents. The Hotel may request this information.
7.7 The Customer also undertakes to ensure that computing resources made available to them by the Hotel
(including the Wi-Fi network) are not used in any way for reproduction, representation, provision or
communication to the public of works or objects protected by copyright or a related right, such as texts, images,
photographs, musical works, audiovisual works, software or video games, without the authorisation of the
copyright holder, as provided for in Books I and II of the French Intellectual Property Code, where this
authorisation is required. The Customer is also required to comply with the security policy of the Hotel’s Internet
service provider, and with the rules for the use of security resources whose purpose is to prevent the illicit use of
computing resources, and to refrain from any act that might undermine the effectiveness of these resources. The
Customer is responsible for all damage caused by them and/or their guests within the Hotel, and shall bear all
costs caused by such damage and/or by non-compliance with the aforementioned rules.
8. FORCE MAJEURE
Neither party may be held liable to the other party in the event of non-performance of its obligations resulting
from a force majeure event. It is expressly agreed that force majeure events suspend the execution of the
reciprocal obligations of the parties, and that each party shall bear the burden of the resulting costs. Cases
typically recognised in the case law of the French Court of Cassation are considered as force majeure events. If
the force majeure event lasts more than thirty (30) days from its occurrence, these Terms and Conditions may be
terminated by any of the parties without any of them being entitled to damages.
In case of a force majeure event, an exceptional event or the impossibility of making the reserved Hotel room
available to the Customer, the Hotel may reserve the right to offer another accommodation option within the Hotel
to the Customer.
The Customer may accept this proposal and the Hotel will, if necessary, if the stay has been paid for in advance,
reimburse the Customer for the difference if the room offered is of a lower category than that booked. The
Customer may refuse this proposal and, in this case, if the stay has been paid for in advance, will be fully
refunded by the Hotel.
9. CONTACT, CUSTOMER SERVICE AND CLAIMS
To make a booking for a stay available on the Website, or for any questions related to the proper execution of a
stay booked on the Website (requests for additional information or booking modifications or cancellations), the
Customer may contact the Hotel from Monday to Sunday, from 8:00 to 22:00 (local time), by phone at +590 590 90
44 00 (price of a local call) or by email at [email protected].
10. PERSONAL DATA – BLOCTEL
When the Customer uses the Website, in particular when making a booking, the Hotel implements
processing of personal data according to the conditions described in the “Personal Data” section present
in the lower banner of the Website.
On each of the personal collection data forms, the Customer is informed of the mandatory or optional nature of
responses and information by way of an asterisk.
In the absence of information identified as mandatory, the Hotel will not be able to register a booking.
The information collected with regard to the Customer booking is intended for the Hotel, its entities, its partners,
and its service providers (particularly online payment providers) for the purposes of the execution of the
booking.
The Customer may exercise their rights according to the regulations on the protection of personal data at any
time. All the useful information on this matter is indicated in the “Personal Data” section.
In accordance with Article L.223-1 of the French Consumer Code, Customers who do not wish to be the subject of
commercial prospecting by telephone may register to the opt-out list free of charge. This list is accessible on the
following website: www.bloctel.gouv.fr.
11. MISCELLANEOUS
The entry of the required payment information, as well as the acceptance of these Terms of Sale by electronic
means, constitutes an electronic contract between the parties, which is proof between the parties of the stay
booking and the required sums due in execution of said booking.
The applicable Terms and Conditions express all the obligations of the parties. No other conditions communicated
by the Customer may be included.
If one or more stipulations of the Terms and Conditions are found to be invalid or declared as such pursuant to a
law or regulation, or following a res judicata decision of a competent court, the other stipulations will retain their
full force and scope.
French is the authentic language. The French language will prevail over any other translation in the event of a
dispute, litigation, or difficulty of interpretation or execution of these conditions, and more generally in the existing
relations between the parties.
The Customer acknowledges and accepts that the Hotel may assign these Terms and Conditions, and all the
rights and obligations attached thereto, to any third party, without prior written consent from the Customer.
The Customer agrees that such an assignment shall release the Hotel going forwards.
The Customer may not assign the Terms and Condition, or the rights and obligations attached thereto, to third
parties without prior written consent from the Hotel.
12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The Terms and Conditions are governed by French law, without precluding any mandatory protective provisions
that may be applicable in the consumer’s country of residence.
The Customer is hereby informed by the Hotel of the possibility of resorting, in the event of a dispute relating to
these Terms and Conditions, to a conventional mediation procedure or any other alternative method of dispute
resolution, according the conditions laid out in Title I of Book VI of the French Consumer Code.
After contacting the Hotel’s customer service team ([email protected]) to try to resolve the dispute
amicably, and in the event of a negative response or no response within sixty (60) days of the original contact, the
Customer may refer the matter to the Tourism and Travel Ombudsman – BP 80303 – 75823, Paris, Cedex 17.
- The procedures for referral to the Ombudsman and their contact details are available on the following website:
www.mtv.travel - Referral to the Ombudsman may be made within twelve (12) months of the first claim.
- The referral form for the Ombudsman is available on the following website: www.mtv.travel
The Hotel also informs the Customer of the existence of a European Online Dispute Resolution (“ODR”)
platform that they can use.
The Customer can access it at the following link: https://ec.europa.eu/consumers/odr/
PRIVACY POLICY
The Hotel, in its role as the data controller, collects and processes personal data for booking
and guest management purposes, for billing and payment purposes, and to conduct its
business activities and satisfaction surveys. The data is intended for the Hotel and its service
providers. You have the right to access, rectify and delete personal data concerning you, and
you can object to the processing of your data. To exercise these rights, simply write to the
Hotel at the following address:
Hôtel Canella Beach
Route des Hotels, Pointe de la Verdure,
97190, Le Gosier
Email: [email protected]
canellabeachhotel.com/en/
For more information, please read the Hotel’s privacy policy.
(CNIL hosting declaration no. 1372618)
INTELLECTUAL PROPERTY
The structure, layout, identity and style guide, text, database, logos, images, graphic
elements, photos and any other element making up this Website are protected by copyright,
and are the exclusive property of the Canella Beach Hotel.
Any total or partial representation of this Website without authorisation, by any process
whatsoever, is prohibited and constitutes a crime.
Website Design & Development:
D-EDGE – D-EDGE SAS
64-66 Rue des Archives – 75003 Paris – France
+33(0)1 44 71 04 35
Hosting:
WPEngine, Inc.
Irongate House, 22-30 Duke’s Place
London, EC3A 7LP, United Kingdom
Phone: 08 00 50 53 049