General conditions of sale
Reservation of accommodation or “tourism” location by individuals
Any Brou Barrailhé President SAS RCS PAU 434743365(2001 b 94
Address: Avenue du lac 64800 Baudreix (France)
Phone: 05 59 92 97 73
Email: contact@lesokiri.com
Web: www.lesokiri.com
DEFINITIONS:
ORDER or RESERVATION or RENTAL: Purchase of Services.
SERVICES: seasonal rental of accommodation or bare “tourism” pitches.
ACCOMMODATION: Tent, caravan, mobile leisure residence and light leisure accommodation.
ARTICLE ONE - SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation or bare pitch on the Les Ô Kiri campsite, operated by SAS Les Ô Kiri, to non-professional customers, on its website www.lesokiri.com or by telephone, post or electronic mail (emails), or in a place where the Service Provider markets the Services. They do not apply to pitch rentals intended to accommodate mobile leisure residences (mobile homes) which are the subject of a “leisure” contract.
The main characteristics of the Services are presented on the website www.lesokiri.com or on paper or electronic written media - in the event of a reservation by a means other than a remote order. The Customer is required to read them before placing any order. The choice and purchase of a Service is the sole responsibility of the Customer.
These General Conditions of Sale apply to the exclusion of all other conditions of the Service Provider, and in particular those applicable to other marketing channels for the Services.
These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, where applicable, over any other version or any other contractual document. The version applicable to the Customer is the one in force on the website or communicated by the Service Provider on the date the Order is placed by the Customer.
Unless proven otherwise, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Customer. Under the conditions defined by the Data Protection Act and the European Data Protection Regulation, the Customer has, at any time, a right of access, rectification, and opposition if the processing is not essential to the execution of the order and the stay as well as their consequences, to all of his personal data by writing, by mail and providing proof of identity, to:
XXXX
The Customer declares to have read these General Conditions of Sale and to have accepted them either by checking the box provided for this purpose before implementing the online Order procedure, as well as the general conditions of use of the website www.lesokiri.com, or, in the event of a reservation outside the Internet, by any other appropriate means.
ARTICLE 2 – RESERVATIONS
The Customer selects on the site or provides information on any document sent by the Service Provider the services he wishes to order, according to the following terms:
When the request is expressed by the prospect, the customer by email, or by telephone, or by post, the o kiri reservation service sends a quote which must be returned within 10 days, dated, signed with approval, accompanied by the amount of the deposit which is 25% of the total amount of the stay excluding tourist tax.
For a reservation less than one month before the scheduled arrival date, the balance will be requested with the signature of the quote. Upon receipt of the deposit or the balance of the stay, an invoice will be sent to you by return.
It is the Customer's responsibility to check the accuracy of the Order and to immediately report any errors to the Service Provider. The Order will only be considered final after the Service Provider has sent the Customer confirmation of acceptance of the Order, by email or post, or by signing the contract in the event of a reservation directly at the premises where the Service Provider sells the Services.
Any Order placed on the website www.lesokiri.com constitutes the formation of a contract concluded remotely between the Customer and the Service Provider. Any Order is nominative and may not, under any circumstances, be transferred.
ARTICLE 3 – PRICES
The Services offered by the Service Provider are provided at the rates in effect on the website www.lesokiri.com or on any information medium of the Service Provider, when the order is placed by the Customer. Prices are expressed in Euros including tax.
The prices take into account any reductions that may be granted by the Service Provider on the website www.lesokiri.com or on any information or communication medium.
These rates are firm and not revisable during their period of validity, as indicated on the website www.lesokiri.com, in the email or in the written proposal sent to the Customer. Beyond this period of validity, the offer is void and the Service Provider is no longer bound by the prices.
They do not include processing and management costs, which are charged in addition, under the conditions indicated on the website www.lesokiri.com or in the information (mail, email, etc.) communicated in advance to the Customer, and calculated prior to placing the Order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer at the latest at the time of payment of the balance of the price.
3.1. TOURIST TAX
ARTICLE 4 - PAYMENT CONDITIONS
4.1. DEPOSIT
The amounts paid in advance are deposits. They constitute an advance on the total price owed by the Customer. (A deposit commits you to purchase the stay, so in all cases, you lose the amount you have paid.
A deposit corresponding to 25 % of the total price of the supply of the Services ordered is required when the order is placed by the Customer. It must be paid upon receipt of the final rental contract and attached to the copy to be returned. It will be deducted from the total amount of the order.
It will not be subject to any reimbursement by the Service Provider in the event of cancellation of the stay by the Client before the scheduled arrival date (except in cases provided for in article 6.4 of these general conditions).
The balance of the stay must be paid in full 30 days before the arrival date (otherwise this rental will be cancelled) or when signing the quote in the case of a reservation less than 30 days in advance.
4.2. PAYMENTS
Payments made by the Client will only be considered final after actual collection of the sums due by the Service Provider.
In the event of late payment and payment of the sums due by the Customer beyond the deadline set above, or after the payment date appearing on the invoice sent to the Customer, late payment penalties calculated as a flat rate of €40 for costs will be automatically and automatically acquired by the Service Provider, without any formality or prior formal notice.
Late payment will result in the immediate payment of all amounts owed by the Customer, without prejudice to any other action that the Service Provider would be entitled to take, in this respect, against the Customer.
4.3. NON-COMPLIANCE WITH PAYMENT CONDITIONS
ARTICLE 5 - PROVISION OF SERVICES
5.1. PROVISION AND USE OF SERVICES
The accommodation can be occupied from 4 p.m. on the day of arrival and must be released for 10 a.m.
The balance of the stay must be paid in full:
- 30 days before the arrival date (otherwise this rental will be cancelled)
- OR on the day of arrival for a last minute arrival, as well as for a day camping arrival.
The accommodations and pitches are intended for a specific number of occupants for rental and may not under any circumstances be occupied by a greater number of people. The accommodations and pitches will be returned in the same state of cleanliness as upon delivery. Failing this, the tenant will have to pay a fixed sum of 50 € for cleaning. Any damage to the accommodation or its accessories will result in immediate repairs at the tenant's expense. The inventory report at the end of the rental period must be strictly identical to that at the start of the rental period.
5.2. SECURITY DEPOSIT
For accommodation rentals, a security deposit of 300 € is required from the Customer on the day the keys are handed over and is returned to them on the day the rental ends, subject to any possible deduction of restoration costs.
This guarantee does not constitute a limit of liability.
ARTICLE 6 – DELAY, INTERRUPTION OR CANCELLATION OF STAY BY THE CUSTOMER
6.1. MODIFICATION
In the event of a change in dates or the number of people, the Service Provider will endeavour to accept requests for date changes as far as possible, subject to availability, and without prejudice to any additional costs; in all cases, this is simply an obligation of means, as the Service Provider cannot guarantee the availability of a location or accommodation, or another date; a price supplement may be requested in these cases.
Any request to reduce the length of stay will be considered by the Service Provider as a partial cancellation, the consequences of which are governed by article 6.3.
6.2. INTERRUPTION
6.3. CANCELLATION
In the event of cancellation of the Reservation by the Customer after its acceptance by the Service Provider less than 30 days at least before the scheduled date of the reserved Rental, for any reason other than force majeure, the deposit paid at the time of the Reservation, as defined in Article 4 – PAYMENT CONDITIONS of these General Conditions of Sale, will be automatically acquired by the Service Provider, as compensation, and may not give rise to any reimbursement.
In all cases of cancellation, the processing and management costs (article 3) will remain the property of the Service Provider.
6.4. CANCELLATION IN THE EVENT OF A PANDEMIC
6.4.1. In the event of total or partial closure of the establishment during the dates of the reserved stay (which is considered to be a measure of total or partial prohibition of reception of the public, to the extent that the Client is directly concerned by the application of this measure) decided by the public authorities, and which is not attributable to the Service Provider, the sums paid in advance by the Client for the reservation of the stay will be subject to reimbursement within 15 days.
The Service Provider may not, however, be held liable for additional compensation beyond this reimbursement of the sums already paid for the reservation of the stay.
6.4.2. By way of derogation from the provisions of Article 6.3 CANCELLATION, any cancellation of the stay duly justified by the fact that the Client would be affected by COVID 19 (infection) or other infection considered to be part of a pandemic, or would be identified as a contact case, and that this situation would call into question his participation in the stay on the planned dates.
Will give rise to:
- to the reimbursement of amounts paid in advance.
Any processing and management fees as provided for in the general conditions will remain acquired by the Service Provider. In all cases, the Customer must imperatively justify the event making him eligible for this right to cancellation.
6.4.3. By way of derogation from the provisions of Article 6.3 CANCELLATION, in the event that the Customer is forced to cancel the stay in full due to government measures preventing participants from traveling (general or local lockdown, travel ban, border closures), even though the campsite is able to fulfill its obligation and accommodate Customers, the Service Provider will reimburse the amounts paid in advance.
6.4.4 – In the event that the Customer takes out specific insurance covering the risks listed in Article 6.4.2 or Article 6.4.3, the insurance compensation received by the Customer will be deducted from the amount of the refund. Or from the credit, referred to in Articles 6.4.2 or 6.4.3. Depending on the payments already made.
ARTICLE 7 - CUSTOMER OBLIGATIONS
7.1. CIVIL LIABILITY INSURANCE
7.2. ANIMALS
Pets are not allowed during high season.
Negotiable out of season subject to presentation of veterinary booklet, up-to-date vaccinations and not being able to remain alone in the accommodation. However, they will not be accepted in the entire swimming area. A daily package available from the Service Provider and payable on site.
7.3. INTERNAL RULES
ARTICLE 8 - OBLIGATIONS OF THE SERVICE PROVIDER - GUARANTEE
The Service Provider guarantees the Client, in accordance with legal provisions and without additional payment, against any lack of conformity or hidden defect, arising from a design or performance fault in the Services ordered.
In order to assert its rights, the Client must inform the Service Provider, in writing, of the existence of defects or lack of conformity within a maximum period of 5 hours from the provision of the Services.
The Service Provider will reimburse or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within 2 days (excluding weekends in the event of purchases of replacement equipment) following the Service Provider's observation of the defect or fault.
The Provider's guarantee is limited to the reimbursement of the Services actually paid by the Client. The Provider may not be considered liable or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
The Services provided through the Provider's website www.lesokiri.com comply with the regulations in force in France.
ARTICLE 9 - RIGHT OF WITHDRAWAL
ARTICLE 10 – PROTECTION OF PERSONAL DATA
The Service Provider, the author of these presents, implements processing of personal data which has as its legal basis:
● Either the legitimate interest pursued by the Service Provider when it pursues the following purposes:
– prospecting
– managing relationships with customers and prospects,
– the organization, registration and invitation to the Provider’s events,
– processing, execution, prospecting, production, management, monitoring of customer requests and files,
– drafting documents on behalf of its clients.
The Service Provider only keeps the data for the duration necessary for the operations for which they were collected and in compliance with the regulations in force.
In this regard, customer data is kept for the duration of the contractual relationship plus 3 years for the purposes of promotion and prospecting, without prejudice to retention obligations or limitation periods.
In terms of prevention of money laundering and terrorist financing, data is kept for 5 years after the end of relations with the Service Provider. In terms of accounting, it is kept for 10 years from the end of the accounting year.
Prospect data is kept for a period of 3 years if no participation or registration for the Service Provider's events has taken place. The data processed is intended for the Service Provider's authorized persons.
Under the conditions defined by the Data Protection Act and the European Data Protection Regulation, individuals have the right to access, rectify, query, limit, port and delete data concerning them.
The persons concerned by the processing implemented also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data having as its legal basis the legitimate interest of the Service Provider, as well as a right to object to commercial prospecting.
They also have the right to define general and specific guidelines defining the manner in which they intend the rights mentioned below to be exercised after their death:
– by email to the following address: Email address
– or by post to the following address: Name, first name Company name Postal address accompanied by a copy of a signed identity document.
Data subjects have the right to lodge a complaint with the CNIL.
ARTICLE 11 - INTELLECTUAL PROPERTY
The content of the website www.lesokiri.com is the property of the Service Provider and its partners and is protected by French and international laws relating to intellectual property.
Any reproduction, distribution, total or partial use of this content is strictly prohibited and may constitute an infringement.
In addition, the Service Provider remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) for the purpose of providing the Services to the Client. The Client therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, which may make it conditional on financial compensation.
The same applies to names, logos or more broadly any graphic representation or text belonging to the Service Provider or used and distributed by it.
ARTICLE 12 - APPLICABLE LAW - LANGUAGE
ARTICLE 13 – DISPUTES
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the Service Provider and the Client will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event, in the event of a dispute, resort to a conventional mediation procedure or any other alternative method of dispute resolution.
In particular, he may have recourse free of charge to the following Consumer Mediator: MEDICYS 73 BOULEVARD DE CLICHY 75 009 PARIS TEL: 01 49 70 15 93 73 www.medicys.fr Email: contact@medicys.fr
ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having received, prior to placing his Order, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all the information and details referred to in Articles L 111-1 to L111-7 of the Consumer Code, in addition to the information required pursuant to the decree of October 22, 2008 relating to the prior information of the consumer on the characteristics of rental accommodation in outdoor hotels and in particular:
- The essential characteristics of the Services, taking into account the communication medium used and the Services concerned;
- The price of the Services and additional costs;
- Information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context;
- Information relating to legal and contractual guarantees and their methods of implementation; the functionalities of the digital content and, where applicable, its interoperability;
- The possibility of resorting to conventional mediation in the event of a dispute;
- Information relating to termination terms and other important contractual conditions.
The fact for a natural person (or legal entity) to order on the website www.lesokiri.com implies full and complete adherence to and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.