General terms and conditions of sale

1 GENERAL INFORMATION AND PARTIES TO THE CONTRACT

SASU LES CABANES DU LIZON, with share capital of 17,000 euros, whose main business is as follows: Residential leisure park, short-term rental of unusual dwellings, room rental, provision of wellness services, provision of meals, seminars. The term «Client» refers to any individual or legal entity that has requested the services of SASU LES CABANES DU LIZON, for any service within the framework of its principal activity of residential leisure park, short-term rental of unusual dwellings, room rental, supply of wellness services, supply of meals, seminar. The term «Third Party» refers to any natural or legal person who is not a party to the contract. The term «Service Provider» refers to SASU LES CABANES DU LIZON, registered with the Tarbes Trade and Companies Register under number 899 275 085, SIRET number 899 275 085 00012, whose registered office is located at 15 Cami de Hauroy 65190 BERNADETS-DESSUS and can be contacted on 06.12.24.28.17 or at the following e-mail address: cabanes.lizon@gmail.com. The Customer and the Service Provider are hereinafter referred to together as «the Parties».

2. SUBJECT

The purpose of these General Terms and Conditions of Sale (GTCS) is to define the contractual relationship (rights and obligations of the Parties) for the sale of services offered by the Provider as part of its residential leisure park business, short-term rental of unusual dwellings, room rental, provision of wellness services, provision of meals, seminars, via its website, e-mail, or directly with the Provider. The Customer, by placing an order with the Provider, by any means among those proposed and listed below, acknowledges having full legal capacity for this purpose. The Service Provider reserves the right to modify its General Terms and Conditions of Sale and its prices at any time and without prior notice. These changes will have no effect on orders in progress. The Customer using the services of SASU LES CABANES DU LIZON, acknowledges having read and accepted without reservation these General Terms and Conditions of Sale, which will be communicated to him, prior to validation of the order, by the Provider, by any means at his convenience. To do this, the Customer must sign the order, preceded by the handwritten words «Bon pour accord» ("Good for agreement"), as well as the Customer's commercial stamp, if applicable, at the bottom of this document or by return e-mail to the following address: cabanes.lizon@gmail.com. All of these documents, duly completed and signed by the Customer (sales or rental contract, quotation and General Terms and Conditions), must be returned to the Service Provider by any written means of communication (post, e-mail or hand delivery of the documents). These General Terms and Conditions of Sale, the sales or rental contract and the quotation together constitute the entire agreement between the Parties.

3. BOOKINGS

The Customer selects the services he/she wishes to order on the Provider's website, www.cabanesdulizon.com, or by any other means, as follows: the Customer fills in the booking form, then accepts the quotation by clicking on the button provided for this purpose, or sends all of these documents by post or e-mail. It is the Customer's responsibility to provide all the information required to process the order and to check the accuracy of this information and of the services ordered. The Customer will then receive, by e-mail, a holiday proposal or confirmation, including a summary of the services ordered. The order will only be considered definitive once payment has been made for the proposed service and the Provider has sent the Customer confirmation of the holiday by e-mail. All orders will be processed by the Provider's departments during the latter's opening hours. Finally, it is specified that all orders are personal and may not, therefore, be transferred under any circumstances.

4. RATES

Prices are invoiced on the basis of the price list in force on the day of the order, and vary according to the season. Prices are given in euros, inclusive of tax. Any discounts, rebates and refunds may be subject to specific agreements between the Parties. No discount will be granted for early payment. These prices are firm and non-revisable during their period of validity, as indicated on the contractual documents. The payment requested by the Provider from the Customer corresponds to the total amount of the order, including any booking fees that may apply. An invoice will be drawn up by the Supplier and sent to the Customer by e-mail.

5. TOURIST TAX

Prices do not include tourist tax, payable on site on arrival, in addition to the price, per day and per person. The amounts stated in the pre-contractual documents are provisional. The tourist tax is collected on behalf of the commune in which the place of stay is located and may be increased by an additional departmental tax. Similarly, in addition to the tourist tax, the Customer may be asked to pay an eco-participation tax.

6. RIGHT OF WITHDRAWAL

Under Article L221-28-12 of the French Consumer Code, activities relating to the organisation and sale of holidays or excursions on a specific date or during a specified period are not subject to the withdrawal period applicable to distance and off-premises sales.

7. TERMS OF PAYMENT

Validation of each reservation entails the obligation to pay the full price for the provision of the services ordered. To this end, the Customer must pay within 15 days of receiving confirmation of the booking option. Payment of the sum allocated to the service confirms the order, which thus becomes firm and definitive. In any event, the Provider will not be able to refund the payment if the Customer cancels less than 7 calendar days before the start date of the booking. Payment may be made by credit card, cheque, ANCV holiday voucher, bank transfer (any charges to be borne by the Customer) or cash. It should be noted that in the event that the Customer does not pay the amount due for the reservation at the latest thirty (30) days before the arrival date and after formal notice has been sent by e-mail, which has remained without effect, the Provider may reserve the right to consider the reservation as null and void, due to the Customer's own fault, and, consequently, to apply the cancellation conditions provided for this purpose. The Service Provider will therefore be entitled to suspend performance of its obligations. It is also specified that no payment is considered to have been made until the bank account of SASU LES CABANES DU LIZON has been fully and irrevocably credited with the amount due, whatever the means of payment used.

8. SERVICES

The eco-lodge may be occupied from 5 p.m. on the day of arrival and must be vacated by 11 a.m. at the latest on the day of departure. The Provider must be informed in advance of the Customer's arrival time, as soon as possible, so that he can organise his reception and avoid the Parties having to wait. The accommodation is designed for a specific maximum number of occupants and may under no circumstances be occupied by a greater number of people. Only one vehicle per accommodation is authorised to park on the site. Accommodation must be returned in the same state of cleanliness as on arrival. Failing this, the Customer will be required to pay an additional flat-rate cleaning fee of €80. Any damage to the accommodation or its accessories or equipment will be repaired immediately at the sole expense of the Customer, or the deposit paid on arrival by the Customer will be deducted. Each accommodation has the following private facilities: kitchenette, bathroom and separate WC, Nordic bath, terrace. A garage for bicycles and motorbikes is also available free of charge. Breakfast is provided. Rental rates are per night for 2 people, with a supplement for each additional person. Finally, people with reduced mobility can be accommodated in special accommodation dedicated to this purpose. However, in order to check availability and ensure the best possible welcome, the Customer is advised to inform the Provider of this when booking.

9. GUARANTEE DEPOSIT

For the rental of eco-lodges, a security deposit, the amount of which will be specified at the time of booking, will be required from the Customer when the keys are handed over. This deposit will be returned to the Customer at the end of the rental period, after an inspection of the state of repair, if no damage has been found, subject to any deductions for repair costs. The Customer undertakes to inform the Supplier of any damage that occurs or may occur and is liable for any damage or loss caused by him or by persons for whom he is responsible. Furthermore, it is specified that the deposit does not constitute a limit of liability.

10. DELAY, MODIFICATION, INTERRUPTION OR CANCELLATION OF THE HOLIDAY BY THE CUSTOMER

It is specified that no price reduction will be granted in the event of late arrival, early departure or a change in the number of people. In the event of a late arrival that has not been notified to the Provider in advance, the accommodation will be reallocated 24 hours after the arrival date initially stipulated in the contract. Any request to change dates or the number of people will be subject to the express prior written agreement of the Provider. The Provider reserves the right to refuse any request for modification. Any change is likely to incur an additional charge. However, in the event that the modification results in a lower price than the original service, the amount due by the Customer will remain unchanged. Any request to reduce the length of the stay will be considered by the Provider as a partial cancellation of the reservation. Early departure, for whatever reason, will not give rise to any reimbursement by the Provider. The accommodation will revert to the Provider. In the event of cancellation of the reservation after its acceptance by the Provider, for whatever reason, except in the event of force majeure, the sums paid, as specified in Article VII- TERMS OF PAYMENT of this document, will be automatically acquired by the Provider as compensation and may not therefore give rise to any reimbursement or deferral. If the cancellation request is made more than seven (7) days before the start date of the holiday initially planned, the sum paid by the Customer may be reimbursed by the Provider or retained as a credit note. On the other hand, if the cancellation request is made less than seven (7) days before the initially scheduled arrival date, the full payment will not be refunded or carried forward. In all cases, any booking fees will be automatically retained by the Provider. In the event of total or partial closure of the Provider's establishment by the public authorities, whoever they may be, during the dates of the booked stay, the sums paid in advance by the Customer in respect of the booking will be refunded or postponed, depending on the directives of the public authorities. In all cases, the Provider cannot be held responsible, nor can it be held liable for any additional compensation beyond the reimbursement or postponement provided for above. Similarly, any cancellation of the holiday duly justified by the fact that the Customer is suffering from any infection considered to be part of a pandemic, or has been identified as a contact case, and that this situation would call into question his/her participation in the holiday on the dates initially planned, will give rise to a refund or postponement, in accordance with any directives issued by the public authorities. This latter measure would also apply in the event of the implementation of government measures such as a general or local lockdown, a travel ban or the closure of borders. If the Customer takes out insurance covering the cases listed below, the insurance indemnities received by the Customer will be deducted from the amount of the refund.

11. OBLIGATIONS OF THE CUSTOMER

The Customer, as well as any persons under his/her responsibility, children, family or others, undertake to occupy the rented premises and to use them peacefully, in accordance with their intended purpose, and to respect the peace, safety and comfort of the other residents, day and night. Similarly, the Customer shall refrain from subletting all or part of the premises, even free of charge. The Customer is also required to respect the cleanliness of the rented premises and their surroundings, and to ensure that the persons for whom he/she is responsible do so. The Customer must be insured against civil liability. A certificate of insurance may be requested before the start of the service. Pets (dogs or cats) are accepted, under the responsibility of their owners and kept on a lead, for a supplement of 20 euros per night. Please note that a maximum of two pets (dogs, cats) are accepted per accommodation rented. Each pet must have an up-to-date vaccination certificate. 1st and 2nd category dogs and NACs are not allowed on the site. Rules and regulations are displayed at reception and can be viewed on the Provider's website. Customers are required to read them and comply with them throughout their stay. All eco-lodges are non-smoking. The Customer and any person under his/her responsibility are therefore requested to smoke outside the accommodation and to dispose of cigarette ends in the ashtrays or bins provided.

12. OBLIGATIONS OF THE SERVICE PROVIDER

The Service Provider guarantees the Customer, in accordance with legal provisions and without additional payment, against any lack of conformity or latent defect resulting from a fault in the design or execution of the services ordered. In order to assert its rights, the Customer must inform the Service Provider, in writing, of the existence of the defects or lack of conformity within a maximum period of 24 hours from the provision of the services. The Service Provider shall rectify or cause to be rectified the services found to be defective as soon as possible. In the event that it is not possible to rectify the defect, a refund corresponding to the amount of the service will be made. The Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure, as recognised by French law and jurisprudence. The services provided by the Service Provider are deemed to comply with current French regulations. The Service Provider may terminate the contract before its term if it is forced to do so by an event of force majeure, weather warning, bad weather, damage observed and/or caused by others and endangering safety, as well as in the event of failure to comply with the internal regulations or these General Terms and Conditions of Sale.

13. COMPLAINTS AND SETTLEMENT OF DISPUTES

These General Terms and Conditions of Sale are governed by and subject to French law. These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more other foreign languages, only the French text will be deemed authentic in the event of a dispute. In the event of any dispute arising in connection with these General Terms and Conditions of Sale, their interpretation and their consequences, or with the documents supplementing or amending them, the Parties undertake to give priority to amicable resolution. In the absence of an amicable agreement between the parties, any dispute which may arise between them shall be subject to French law and shall fall within the exclusive jurisdiction of the courts of the area in which the Service Provider is established, unless mandatory procedural rules dictate otherwise. In the event of a dispute, these General Terms and Conditions of Sale, the sales or rental contract, the quotation and the data kept as archives shall constitute proof of the agreement between the Parties. In the event that one of the clauses of these General Terms and Conditions of Sale is rendered null and void by a change in legislation or regulations, this shall in no way affect the validity of and compliance with all the other clauses of these General Terms and Conditions of Sale. In the event of a dispute between the Service Provider and an individual Customer for non-professional purposes, and in accordance with Article L612-1 of the French Consumer Code, the consumer has the right to have free recourse to a consumer mediator. However, the consumer must prove that he or she has first attempted to settle the dispute with the professional out of court, in writing. The contact details for the mediator are as follows: contact-admin@cnpm-mediation-consommation.eu

14. INTELLECTUAL PROPERTY

All elements presented on the website, the Prestaire's social network accounts, by email or by any other means of communication (brands, logos, drawings, photos, etc.) are and remain the exclusive intellectual property of SASU LES CABANES DU LIZON or its partners. No reproduction, exploitation, redistribution or use for any purpose whatsoever, even partial, of the elements of the site, social networks, emails or any other means of communication, whether software, sound or visual, is authorised. Any total or partial use, distribution or reproduction of this content is strictly prohibited and may constitute an infringement of copyright. The Customer therefore refrains from using, reproducing or distributing any content belonging to SASU LES CABANES DU LIZON, unless express prior written authorisation has been obtained from SASU LES CABANES DU LIZON.

15. PROTECTION OF PERSONAL DATA - IMAGE RIGHTS

The information collected about the Customer is processed by SASU LES CABANES DU LIZON. This information and personal data is kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as is necessary for the performance of the contract and any guarantees that may apply at the end of the contract. In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, as amended by Act no. 2004-801 of 6 August 2004, and with European Regulation no. 2016/.679, the Customer has a right of access, rectification, deletion and portability of the data concerning him/her, as well as the right to object to the processing for a legitimate reason, rights which he/she may exercise by contacting SASU LES CABANES DU LIZON, at the postal or e-mail address mentioned above, enclosing valid proof of his/her identity. In the event of a complaint, the customer may contact the Commission Nationale de l'Informatique et des Libertés (CNIL). The Service Provider reserves the exclusive right to photograph its site as a whole and any Customer appearing on it. These photographs may be used for commercial and advertising purposes, and/or appear on various social networks, as well as on the Service Provider's website and various advertising brochures. If the Customer does not wish to be photographed, he must specify this to the Service Provider upon his arrival on site.