The purpose of these terms and conditions (hereinafter referred to as the “Terms and Conditions”) is to define
\nthe terms and conditions under which the Canella Beach Hotel (hereinafter referred to as the “Hotel”) allows its
\ncustomers (hereinafter referred to as the “Customer(s)”) to benefit from an online booking service, available on
\nthe www.canellabeachhotel.com website (hereinafter referred to as “the Website”) and further described below.
\nPrior to any booking on the Website, the Customer must declare that they have the full legal capacity to proceed
\nunder these Terms and Conditions The Customer is invited to carefully read these Terms and Conditions, the
\nprior acceptance of which is mandatory for any booking on the Website. All Customers are advised to save and
\nprint these Terms and Conditions using the standard features of their browser and computer. The Hotel reserves
\nthe right to modify or supplement, at any time, all or part of these Terms and Conditions. In this case, the new
\nversion of the Terms and Conditions will be available on the Website with its effective date. Customers are
\nadvised to regularly consult the Terms and Conditions to ensure they are aware of any possible changes. In any
\nevent, the Customer will only be bound by the version of the Terms and Conditions in force at the time the
\nCustomer makes the booking on the Website.<\/p>\n
The Website allows for the booking of rooms in the Canella Beach Hotel located in Le Gosier, Guadeloupe.
\nThe essential characteristics, availability dates, price, options offered, payment terms and special conditions of
\nsale applicable to the selected rate (warranty policies, cancellation conditions, check-in time, etc.) are presented
\nduring the booking process on the Website.
\nThe Customer is invited to specify any special requests when booking, using the box reserved for this purpose. For
\nexample, booking of childcare equipment for young children, food allergies, presence of pets (for hygiene reasons,
\nanimals are never allowed in the dining rooms).
\nThe Website also allows for the booking of extras such as the half-board option. These extras can be booked
\nonline or on site subject to availability and unless otherwise stated on the Website.<\/p>\n
The booking process on the Website includes the following steps:
\n\u2013 Step 1: the Customer enters their chosen dates and applies a promo code, if applicable,
\n\u2013 Step 2: the Hotel displays the results, and the Customer selects a room and rate from the options offered,
\n\u2013 Step 3: the Customer selects any extras,
\n\u2013 Step 4: the Hotel provides a summary of the booking: the characteristics of the room, the duration of the stay,
\nthe options included (e.g. child breakfast), and the total price of the booking, including the details of the
\napplicable taxes. The Customer must inform the Hotel of their arrival time, and can make any special requests
\n(food preference, pets, etc.).
\nThe Customer must also provide their contact details (title, last name, first names, email address, telephone
\nnumber) and payment data (credit\/debit card).
\nBooking confirmation requires the prior consultation and acceptance of these Terms and Conditions by ticking
\nthe dedicated box.
\n\u2013 Step 5: The Hotel receives the booking and provides a summary (dates, extras, price). Any booking is
\ndeemed to have been made as soon as the Customer clicks “Book”.
\nThe Customer may book up to a maximum of 5 rooms on the Website. Beyond this limit, the Customer is asked
\nto contact the Hotel by phone or email using the contact details on the Website. Rooms will be available on the
\nday of arrival from 15:00 (local time) until 12:00 on the day of departure (local time).
\nEarly check-in or late check-out must be requested from the Hotel and may, if necessary, be subject to an
\nadditional flat fee.
\nUpon arrival at the Hotel, the Customer will be asked to present an identity document in order to verify their
\nidentity.<\/p>\n
The prices relating to the booking on the Website are indicated before, during and after the booking.
\nThe prices indicated are per room for the number of person(s), the date selected and the extras selected.
\nUpon confirmation, the Customer is informed of the total price in euros that they must pay (including taxes, other
\nthan the tourist tax).
\nUnless otherwise stated on the Website, extras that are not offered at the time of booking on the Website are not
\nincluded in the price.
\nThe tourist tax, which is not included in the price, as noted during the booking process on the Website, must be
\npaid directly to the Hotel on site.
\nPrices are inclusive of the VAT applicable on the day of booking, and any change to the applicable VAT rate will
\nbe automatically reflected in the prices indicated on the date of invoicing.
\nAny changes to or introduction of new legal or regulatory taxes imposed by the competent authorities will
\nautomatically be reflected in the price indicated on the date of invoicing.
\nSome promotional offers are only available on the Website.<\/p>\n
In case of payment in full on the day of booking (Non-Cancellable Non-Refundable Rate):
\nThe price is payable in full on the day of confirmation of the booking by the Customer, according to the terms
\nspecified in the “Booking” article above, using the following secure payment methods:
\n\u2013 credit\/debit card: Visa, MasterCard, American Express, other cards (E-Carte Bleue).
\nWhen booking, the Customer communicates their payment details by specifying the name on the card, the card
\nnumber, the card validity date (the card must be valid until the end date of the stay), and the card security code.
\nPayment data is exchanged in an encrypted form using the SSL protocol.
\nThe Customer must bring the credit\/debit card they used to pay for the booking with them to the Hotel. They may
\nbe asked to present an identity document as part of the procedures to prevent card fraud.
\nThe service provider is not required to provide the Customer with the requested services if the price has not
\npreviously been paid in full and according to the aforementioned conditions.
\nCustomer payments will not be considered final until the service provider has confirmed actual receipt of the
\namounts due.
\nIn case of payment in full upon provision of services (Flexible Rate):
\nThe price is payable in full on the day of the provision of the booked services according to the conditions defined
\nin the “Provision of Services” article below, and as indicated on the invoice given to the Customer, using the
\nfollowing secure payment methods:
\n\u2013 credit\/debit card: Visa, MasterCard, American Express, other cards (E-Carte Bleue). Payment
\ndata is exchanged in an encrypted form using the SSL protocol.
\nUpon arrival, the Hotel will ask the Customer to pay a security deposit or authorise a charge to their credit\/debit
\ncard in order to guarantee the payment of the sums corresponding to the services enjoyed on site.
\nThe Customer will communicate their payment details by specifying the name on the card, the card number, the
\ncard validity date (the card must be valid until the end date of the stay), and the card security code.
\nThe Customer may be asked to present an identity document as part of the procedures to prevent card fraud.
\nThe Canella Beach Hotel reserves the right to verify the personal data communicated by the Customer and to
\nadopt all the measures deemed necessary to verify that the person whose account is debited is the one who
\nplaced the order, in order to avoid any fraudulent payment.
\nThis verification may take the form of a request for proof of identity and\/or address and\/or bank documents (bank
\naccount details). Failure by the customer to respond to a request of this type within 2 days of the request made by
\nthe Hotel will automatically result in the cancellation of the booking concerned, with no possibility of subsequent
\nclaims.
\nThe Hotel is also free to proceed with the direct cancellation of a booking that raises one or more red flags for
\nfraudulent credit\/debit card use.
\nThe service provider is not required to provide the Customer with the requested services if the price has not
\npreviously been paid in full and according to the aforementioned conditions.
\nCustomer payments will not be considered final until the service provider has confirmed actual receipt of the
\namounts due.<\/p>\n
Stays booked on the Website can be cancelled and modified without charge or conditions up to 3 days before
\nthe Customer’s arrival date.
\nIn case of cancellation less than 72 hours before the arrival date or a no-show at the hotel, the Customer will be
\ncharged for the first night without extras, with no possibility of a refund.
\n“Non-cancellable\/non-refundable” offers are subject to a cancellation fee of 100% of the total amount of the stay.<\/p>\n
With regard to booking rooms online, the Customer is reminded that they do not have the right of withdrawal
\nprovided for in Article L. 221-18 of the French Consumer Code, in accordance with Article L. 221-28 paragraph
\n12 of the French Consumer Code, which excludes this right for contracts relating to the provision of
\naccommodation services that must be provided on a specified date or period.<\/p>\n
7.1 The Customer is solely responsible for their choice of room and date on the Website, and their suitability
\nfor the Customer’s own needs; the Hotel can in no way be held liable in this regard.
\nThe Customer is also solely responsible for the information provided at the time of any stay booking. The Hotel
\ncannot be held liable in the event of erroneous or fraudulent information communicated by the Customer. The
\nCustomer undertakes to use the Website in accordance with the applicable regulations and these Terms and
\nConditions. In the event that the Customer breaches their obligations under these Terms and Conditions, the
\nCustomer can be held liable for any damage caused by the Customer to the Hotel or to third parties. As such,
\nthe Customer undertakes to indemnify the Hotel against all claims, actions or complaints of any kind that may
\nresult therefrom, and to compensate it for any damages, costs or compensation whatsoever relating thereto.<\/p>\n
7.2 Any booking or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the
\nCustomer will result in the cancellation of the booking of the stay at the Customer’s expense, without prejudice to
\nany action that the Hotel may bring against the latter.<\/p>\n
7.3 The Customer must not smoke in the common rooms of the Hotel.<\/p>\n
7.4 The Customer must not disrupt the operation of the Hotel or compromise the safety of the Hotel or persons
\ntherein. 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
\nmandated by the latter to ask the Customer to leave the premises without any compensation and\/or without any
\nrefund if a payment has already been made. In the event that no payment has yet been made, the Customer
\nmust pay the price of the stay enjoyed before leaving the premises.<\/p>\n
7.5 In its relations with the Hotel, the Customer undertakes to remain courteous and not to make derogatory
\ncomments, in particular with regard to Hotel employees or collaborators, in accordance with the rules of common
\nsense and politeness. The Hotel reserves the right to take any appropriate action against the Customer in the
\nevent of injurious or reprehensible behaviour (i.e. unpleasant, malicious or insulting behaviour), in particular
\nwhere directed towards the Hotel, its employees or collaborators.<\/p>\n
7.6 Minors may only stay at the Hotel if accompanied by an adult and with personal identification. If the
\naccompanying person is an adult other than the minor’s parents, they must have permission from the minor’s
\nparents. The Hotel may request this information.<\/p>\n
7.7 The Customer also undertakes to ensure that computing resources made available to them by the Hotel
\n(including the Wi-Fi network) are not used in any way for reproduction, representation, provision or
\ncommunication to the public of works or objects protected by copyright or a related right, such as texts, images,
\nphotographs, musical works, audiovisual works, software or video games, without the authorisation of the
\ncopyright holder, as provided for in Books I and II of the French Intellectual Property Code, where this
\nauthorisation is required. The Customer is also required to comply with the security policy of the Hotel’s Internet
\nservice provider, and with the rules for the use of security resources whose purpose is to prevent the illicit use of
\ncomputing resources, and to refrain from any act that might undermine the effectiveness of these resources. The
\nCustomer is responsible for all damage caused by them and\/or their guests within the Hotel, and shall bear all
\ncosts caused by such damage and\/or by non-compliance with the aforementioned rules.<\/p>\n
Neither party may be held liable to the other party in the event of non-performance of its obligations resulting
\nfrom a force majeure event. It is expressly agreed that force majeure events suspend the execution of the
\nreciprocal obligations of the parties, and that each party shall bear the burden of the resulting costs. Cases
\ntypically recognised in the case law of the French Court of Cassation are considered as force majeure events. If
\nthe force majeure event lasts more than thirty (30) days from its occurrence, these Terms and Conditions may be
\nterminated by any of the parties without any of them being entitled to damages.
\nIn case of a force majeure event, an exceptional event or the impossibility of making the reserved Hotel room
\navailable to the Customer, the Hotel may reserve the right to offer another accommodation option within the Hotel
\nto the Customer.
\nThe Customer may accept this proposal and the Hotel will, if necessary, if the stay has been paid for in advance,
\nreimburse the Customer for the difference if the room offered is of a lower category than that booked. The
\nCustomer may refuse this proposal and, in this case, if the stay has been paid for in advance, will be fully
\nrefunded by the Hotel.<\/p>\n
To make a booking for a stay available on the Website, or for any questions related to the proper execution of a
\nstay booked on the Website (requests for additional information or booking modifications or cancellations), the
\nCustomer may contact the Hotel from Monday to Sunday, from 8:00 to 22:00 (local time), by phone at +590 590 90
\n44 00 (price of a local call) or by email at reservation@canellabeach.com.<\/p>\n
When the Customer uses the Website, in particular when making a booking, the Hotel implements
\nprocessing of personal data according to the conditions described in the “Personal Data” section present
\nin the lower banner of the Website.
\nOn each of the personal collection data forms, the Customer is informed of the mandatory or optional nature of
\nresponses and information by way of an asterisk.
\nIn the absence of information identified as mandatory, the Hotel will not be able to register a booking.
\nThe information collected with regard to the Customer booking is intended for the Hotel, its entities, its partners,
\nand its service providers (particularly online payment providers) for the purposes of the execution of the
\nbooking.
\nThe Customer may exercise their rights according to the regulations on the protection of personal data at any
\ntime. All the useful information on this matter is indicated in the “Personal Data” section.
\nIn accordance with Article L.223-1 of the French Consumer Code, Customers who do not wish to be the subject of
\ncommercial prospecting by telephone may register to the opt-out list free of charge. This list is accessible on the
\nfollowing website: www.bloctel.gouv.fr.<\/p>\n
The entry of the required payment information, as well as the acceptance of these Terms of Sale by electronic
\nmeans, constitutes an electronic contract between the parties, which is proof between the parties of the stay
\nbooking and the required sums due in execution of said booking.
\nThe applicable Terms and Conditions express all the obligations of the parties. No other conditions communicated
\nby the Customer may be included.
\nIf one or more stipulations of the Terms and Conditions are found to be invalid or declared as such pursuant to a
\nlaw or regulation, or following a res judicata decision of a competent court, the other stipulations will retain their
\nfull force and scope.
\nFrench is the authentic language. The French language will prevail over any other translation in the event of a
\ndispute, litigation, or difficulty of interpretation or execution of these conditions, and more generally in the existing
\nrelations between the parties.
\nThe Customer acknowledges and accepts that the Hotel may assign these Terms and Conditions, and all the
\nrights and obligations attached thereto, to any third party, without prior written consent from the Customer.
\nThe Customer agrees that such an assignment shall release the Hotel going forwards.
\nThe Customer may not assign the Terms and Condition, or the rights and obligations attached thereto, to third
\nparties without prior written consent from the Hotel.<\/p>\n
The Terms and Conditions are governed by French law, without precluding any mandatory protective provisions
\nthat may be applicable in the consumer’s country of residence.
\nThe Customer is hereby informed by the Hotel of the possibility of resorting, in the event of a dispute relating to
\nthese Terms and Conditions, to a conventional mediation procedure or any other alternative method of dispute
\nresolution, according the conditions laid out in Title I of Book VI of the French Consumer Code.
\nAfter contacting the Hotel’s customer service team (commercial@canellabeach.com) to try to resolve the dispute
\namicably, and in the event of a negative response or no response within sixty (60) days of the original contact, the
\nCustomer may refer the matter to the Tourism and Travel Ombudsman \u2013 BP 80303 \u2013 75823, Paris, Cedex 17.<\/p>\n
The Hotel also informs the Customer of the existence of a European Online Dispute Resolution (“ODR”)
\nplatform that they can use.
\nThe Customer can access it at the following link: https:\/\/ec.europa.eu\/consumers\/odr\/<\/p>\n
The Hotel, in its role as the data controller, collects and processes personal data for booking The structure, layout, identity and style guide, text, database, logos, images, graphic D-EDGE \u2013 D-EDGE SAS WPEngine, Inc.
\nand guest management purposes, for billing and payment purposes, and to conduct its
\nbusiness activities and satisfaction surveys. The data is intended for the Hotel and its service
\nproviders. You have the right to access, rectify and delete personal data concerning you, and
\nyou can object to the processing of your data. To exercise these rights, simply write to the
\nHotel at the following address:
\nH\u00f4tel Canella Beach
\nRoute des Hotels, Pointe de la Verdure,
\n97190, Le Gosier
\nEmail: reservation@canellabeach.com<\/a>
\ncanellabeachhotel.com\/en\/<\/a>
\nFor more information, please read the Hotel’s privacy policy.
\n(CNIL hosting declaration no. 1372618)<\/p>\nINTELLECTUAL PROPERTY<\/h3>\n
\nelements, photos and any other element making up this Website are protected by copyright,
\nand are the exclusive property of the Canella Beach Hotel.
\nAny total or partial representation of this Website without authorisation, by any process
\nwhatsoever, is prohibited and constitutes a crime.<\/p>\nWebsite Design & Development:<\/h3>\n
\n64-66 Rue des Archives \u2013 75003 Paris \u2013 France
\n+33(0)1 44 71 04 35<\/p>\nHosting:<\/h3>\n
\nIrongate House, 22-30 Duke\u2019s Place
\nLondon, EC3A 7LP, United Kingdom
\nPhone: 08 00 50 53 049<\/p>\nTelephone Solicitation \u2013 Bloctel Opt-Out List (France)<\/b><\/h3>\n