GENERAL TERMS AND CONDITIONS OF SALE
These terms (hereinafter the "Terms of Sale") aim to define the terms and conditions under which Hotel Canella Beach (hereinafter referred to as the "Hotel") allows its customers (hereinafter the "Client(s)") to benefit from an online booking service available on the website www.canellabeachhotel.com (hereinafter referred to as the "Site"), as described more fully below.
Prior to any reservation on the Site, the Client declares to have full legal capacity to commit under these Terms of Sale. The Client is invited to carefully read these Terms of Sale, the prior acceptance of which is mandatory for any reservation on the Site. It is advisable for every Client to save and print these Terms of Sale using the standard functionalities of their browser and computer. The Hotel reserves the right to modify or supplement, at any time, all or part of these Terms of Sale. In this case, the new version of the Terms of Sale will be available on the Site with its effective date. Clients are advised to regularly consult the Terms of Sale to be aware of any possible changes. In any case, the Client will only be bound by the version of the Terms of Sale in force at the time the Client makes the reservation on the Site.
OBJECT
The Site allows for the reservation of rooms at Hotel Canella Beach. The essential characteristics, availability dates, price, options offered, payment conditions, and specific sales conditions applicable to the selected rate (guarantee policies, cancellation conditions, check-in time, etc.) are presented during the booking process on the Site. The Client is invited to specify their special requests when making a reservation in the designated box. For example, the reservation of childcare equipment for young children, food allergies, or the presence of animals (for hygiene reasons, animals are not allowed in dining areas). The Site also allows for the reservation 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 Site.
RESERVATION
The reservation process on the Site includes the following steps:
Step 1: Entering the chosen dates and applying any promotional code,
Step 2: Results and selection of the room and rate from the rates offered by the Hotel,
Step 3: Selection of extras,
Step 4: Summary of reservation details: room characteristics (length of stay, included options (e.g., child breakfast), total reservation price including detailed applicable taxes; the Client must provide their arrival time and may specify special requests (dietary preferences, animals, etc.). The Client must also provide their details (title, first name, last name, email address, phone number) and payment information (credit card). Any reservation confirmation will require the Client to review and validate these Terms of Sale by checking a dedicated box. - Step 5: The Hotel's acknowledgment of the reservation, summarizing the reservation (dates, extras, price). Any reservation is deemed made upon the Client's click on the "Book" page. The Client can make a reservation on the Site for a maximum of 5 rooms. Beyond that, the Client is requested to contact the Hotel by phone or email using the contact information provided on the Site. Rooms will be available on the day of arrival from 2:00 PM (local time) until the day of departure at 11:00 AM (local time). Any early arrival or late departure must be requested from the Hotel and may be subject to an additional charge (price of an additional night). Upon arrival at the Hotel, the Client will be required to present identification to verify their identity.
PRICE
The prices for reservations on the Site are indicated before, during, and after the reservation. The indicated prices are per room for the number of person(s), the selected date, and the subscribed extras. Upon confirmation, the Client is informed of the total all-inclusive price in euros that the Client must pay (excluding tourist tax). Unless otherwise stated on the Site, extras that are not offered at the time of reservation on the Site are not included in the price. The tourist tax, not included in the price and presented during the reservation process on the Site, is to be paid directly on-site to the Hotel. The prices include the applicable VAT on the day of reservation, and any change in the applicable VAT rate will be automatically reflected in the price indicated on the billing date. Any modifications or establishment of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the price indicated on the billing date. Certain promotional offers are only available on the Site.
PAYMENT
The provided credit card will be used as a guarantee for your reservation. This secures your reservation and confirms the availability of the chosen room. No debit will be made at this stage; the card will only be stored in our systems to confirm the reservation. An electronic invoice will be sent to the email address provided by the Client during the reservation; if the Client wishes to receive a paper invoice, they must expressly request it from the Hotel. The Client must check in at the Hotel on the reserved dates; payment for the entire stay will be made directly to the Hotel on the day of arrival. Any on-site consumptions or expenses incurred by the Client will be paid by the Client on the day of departure at the Hotel. If the Client does not appear at the Hotel on the first day of their reservation, the Hotel will submit a debit request corresponding to the amounts indicated in the Cancellation Policy below to the Client's bank.
CANCELLATION POLICY
Stays reserved on the Site can be canceled and modified free of charge or conditions until 72 hours before the Client's arrival date. In case of cancellation less than 72 hours before the arrival date or a no-show at the hotel, the first night without extras will be charged and is non-refundable. "Non-cancellable / non-refundable" offers are subject to cancellation fees of 100% of the total amount of the stay.
ABSENCE OF RIGHT OF WITHDRAWAL
For the reservation of rooms online, the Client is reminded that they do not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code, in accordance with Article L. 221-28 paragraph 12 of the Consumer Code, which excludes this right for contracts for accommodation services to be provided on a specific date or period.
CLIENT'S RESPONSIBILITY
7.1 The Client is solely responsible for their choice of room and date on the Site and their suitability for their needs, so the Hotel's liability cannot be sought in this regard. The Client is also solely responsible for the information provided at the time of any stay reservation. The Hotel cannot be held responsible for incorrect or fraudulent information provided by the Client. The Client undertakes to use the Site in accordance with applicable regulations and these Terms of Sale. In case of the Client's breach of their obligations under these Terms of Sale, they are responsible for any damages caused by them to the Hotel or third parties. In this regard, the Client undertakes to indemnify the Hotel against all claims, actions, or remedies of any kind that may result from it and to indemnify it for all damages, costs, or expenses of any kind related thereto.
7.2 Any irregular, ineffective, incomplete, or fraudulent reservation or payment due to the Client's fault will result in the cancellation of the stay reservation at the expense of the Client, without prejudice to any action the Hotel may take against the Client.
7.3 The Client must not smoke in the common areas of the Hotel.
7.4 The Client must not disrupt the operation of the Hotel and must not compromise the safety of the Hotel or the individuals within it. More broadly, any behavior contrary to good morals and public order within the Hotel, as well as non-compliance with the Hotel's Internal Regulations, will lead the Hotel's director and/or any other provider authorized by the Hotel to ask the Client to leave the premises without any compensation and/or refund if payment has already been made. In the event that no payment has been made yet, the Client must settle the cost of the consumed stay before leaving the premises.
7.5 In interactions with the Hotel, the Client undertakes to remain courteous and refrain from making derogatory remarks, especially towards the employees or collaborators of the Hotel, in accordance with the rules of common sense and politeness. The Hotel reserves the right to take appropriate measures against the Client in the event of harmful or reprehensible behavior (including unpleasant, malicious, or insulting behavior) towards the Hotel, its employees, or collaborators.
7.6 Minors can only stay in the Hotel if accompanied by an adult and with personal identification. If the accompanying adult is someone other than the parents, they must have parental authorization from the child's parents. The Hotel may request these documents.
7.7 The Client also agrees that the computer resources provided by the Hotel (including the WiFi network) will not be used in any way for the reproduction, representation, provision, or communication to the public of works or objects protected by copyright or neighboring rights, such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders provided for in Books I and II of the Intellectual Property Code when such authorization is required. The Client must also comply with the security policy of the Hotel's internet service provider, including the rules for using security measures implemented to prevent the illicit use of computer resources and refrain from any acts that may compromise the effectiveness of these measures. The Client is responsible for any damages caused by them and/or their guests within the Hotel and bears all costs incurred by such damages and/or non-compliance with the aforementioned rules.
8. FORCE MAJEURE
Neither party shall be liable to the other party for any failure to fulfill its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends the performance of reciprocal obligations for the parties and that each party bears the costs resulting from it. Cases usually recognized by jurisprudence of the Court of Cassation are considered as force majeure events. If the force majeure event lasts for more than thirty (30) days from its occurrence, these Sales Conditions may be terminated by either party without any of them being entitled to claim damages.
In case of force majeure, exceptional events, or the inability to provide the reserved Hotel room to the Client, the Hotel may offer alternative accommodation within the Hotel to the Client. The Client may accept this proposal and, if applicable, for a prepaid stay, be reimbursed the difference if the offered room is of a lower category than the reserved one. The Client may refuse this proposal, and in this case, for a prepaid stay, will be fully refunded by the Hotel.
9. CONTACT, CUSTOMER SERVICE, AND COMPLAINTS
To make a reservation for an available stay on the Website or for any questions related to the proper execution of a reserved stay on the Website (requests for additional information, modification, or cancellation of a reservation), the Client can contact the Hotel by phone at +590 590 90 44 00 (local call rate) or by email at reservation@canellabeach.com from Monday to Sunday, 8:00 AM to 10:00 PM (local time).
10. PERSONAL DATA-BLOCTEL
When the Client uses the Website, especially when making a reservation, the Hotel processes personal data in accordance with the conditions described in the "Personal Data" section found in the bottom banner of the Website.
The Client is informed, on each personal data collection form, of the mandatory or optional nature of the answers and information by the presence of an asterisk.
Failure to provide information identified as mandatory by the Hotel will result in the inability of the Hotel to register a reservation.
Thus, the information collected as part of the Client's reservation is intended for the Hotel, its entities, partners, and service providers (including online payment providers) for the purpose of executing the reservation.
The Client may exercise the rights they have under data protection regulations at any time. All relevant information for this purpose is provided in the "Personal Data" section.
In accordance with Article L.223-1 of the Consumer Code, the Client who does not wish to be subject to telephone solicitation can freely register on a "Bloctel" list to oppose telephone canvassing. This list is accessible through the following website: www.bloctel.gouv.fr.
11. MISCELLANEOUS
Entering the required banking information and accepting these Sales Conditions electronically constitutes an electronic contract between the parties, which serves as proof between the parties of the reservation of the stay and the payment obligations arising from that reservation.
The applicable Sales Conditions constitute the entire obligations of the parties. No other condition communicated by the Client can be integrated therein.
If one or more provisions of the Sales Conditions are deemed invalid or declared as such under a law, regulation, or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.
The governing language is French. The French language shall prevail over any other translation in case of dispute, litigation, difficulty of interpretation, or execution of these conditions, and more generally concerning the existing relations between the parties.
The Client acknowledges and accepts that the Hotel may assign these Sales Conditions, as well as all rights and obligations attached to them, to any third party without the Client's prior written consent.
The Client agrees that such assignment releases the Hotel for the future.
The Client may not assign the Sales Conditions, nor the rights and obligations attached to them, to third parties without the prior written consent of the Hotel.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
The Sales Conditions are governed by French law, without prejudice to any mandatory protective provisions that may apply in the consumer's country of residence.
The Hotel informs the Client of the possibility to resort, in case of dispute relating to these Sales Conditions, to a conventional mediation procedure or any other alternative dispute resolution method, in accordance with Title I of Book VI of the Consumer Code.
After contacting the Hotel's customer service (commercial@canellabeach.com) to attempt to settle the dispute amicably, and in case of a negative response or the absence of a response within sixty (60) days from the referral, the Client can contact the Mediator for Tourism and Travel – BP 80303 – 75823 Paris Cedex 17.
• The procedure for referring the Mediator and their contact details are available on the website www.mtv.travel.
• The Client can refer the Mediator within twelve (12) months after the initial complaint.
• The referral form for this Mediator is accessible on the website www.mtv.travel.
The Hotel also
informs the Client of the existence of a European Online Dispute Resolution platform ("ODR"), which they can use in the event of a dispute. The Client can access it through the following link: https://ec.europa.eu/consumers/odr/