The terms used herein with a capital letter without having been previously defined have the meaning given to them below: “Client” means a natural person, of legal age, acting for his personal needs and having full legal capacity to undertake hereunder. “Conditions of sale of the reserved rate” means the specific conditions of each reservation made by the Customer. “Reservation Confirmation” means the document summarizing the details of the reservation made by the Customer, sent by the website or Les Airis to the Customer. “Reservation request” means any reservation request made by the Customer. “Les Airis” refers to the Les Airis holiday home, operated by Frédéric Quin, whose SIRET number is 852 789 684 00010. “Service” refers to any reservation service carried out by the Customer on LesAiris.fr. “LesAiris.fr” refers to the website dedicated to Les Airis accessible at the following address https://www.lesairis.fr/en.
ARTICLE 1 – Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of Les Airis reservation services and ancillary services (‘the Services’) offered by Les Airis to consumers and non-professional customers (‘The Customers or the Customer’) on LesAiris.fr. The main characteristics of the Services are presented on LesAiris.fr. The Customer is required to read it before making any reservation. The choice and purchase of a Service is the sole responsibility of the Customer. The Customer declares: ● To have full legal capacity to commit to these General Terms and Conditions of Sale. ● Make reservations for Les Airis and additional services for personal needs. ● Be able to save and print these General Conditions of Sale. The contact details of Les Airis are as follows: Les Airis 135 chemin des amants d’Avignon 84140 Avignon These conditions apply to the exclusion of all other conditions, and in particular those applicable to other Services marketing channels. The Customer is informed that Les Airis concludes partnership agreements with third-party travel providers in order to enable him, by using the services offered by these partners on their website, to search, select and book Les Airis. Any reservation of Les Airis made under these conditions implies consultation and full and unreserved acceptance by the Customer of the special conditions of Les Airis, the conditions of sale of the reserved rate and these general conditions of sale. The Customer declares to have obtained from Les Airis all the necessary information available on the website. These General Conditions of Sale are accessible at any time on LesAiris.fr and will prevail, if necessary, over any other version or any other contradictory document. Unless proven otherwise, the data recorded in the Les Airis computer system constitutes proof of all transactions concluded with the Customer. Thus, the entry of bank information, the acceptance of the General Conditions of Sale, the Conditions of Sale of the price or the Reservation Request, between Les Airis and the Customer has the same value as a handwritten signature on paper. The computerized Registers kept in the computer systems of Les Airis will be kept under reasonable security conditions and considered as proof of communication, order and payment made between Les Airis and the Customer. Les Airis ensures the conservation of the writing evidencing the conclusion of the contract in electronic or paper format for a maximum period of 5 years. The Customer is informed that his IP address is registered at the time of booking. In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing by mail and justifying of his identity to: Les Airis – 135, chemin des amants d’Avignon – 84140 Avignon These General Conditions of Sale also include the legal notices. The Customer declares to have read these General Conditions of Sale (including the legal notices) and to have accepted them by ticking the box provided for this purpose before the implementation of the online booking procedure as well as the General Conditions of Use of LesAiris.fr. The validation of the reservation of Services by the Customer implies acceptance without restriction or reservation of these General Conditions of Sale (including the legal notices). The Customer acknowledges having the capacity required to contract and acquire the Services offered on LesAiris.fr. These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website on the date of the reservation. These General Terms and Conditions of Sale are applicable for the duration of the online availability of the services offered by Les Airis on LesAiris.fr. Les Airis reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 – Reservations
The Customer selects on the website the services he wishes to book, according to the following methods: 1. Selection of the rate 2. Selection of additional services if applicable 3. Verification and validation of the details of the reservation, the total amount of the reservation, tariff conditions 4. Indication of his contact details 5. Entry of his credit card details in the event of guarantee or prepayment 6. Consultation and acceptance of the general conditions of sale and the conditions of the selected tariff prior to the validation of his reservation 7. Validation of his reservation The Customer acknowledges having read the nature, the destination and the methods of reservation of the Services offered by Les Airis and having requested and obtained the information necessary to make his reservation in full knowledge of the facts. He is solely responsible for his choice of services and their suitability for his needs, so that Les Airis cannot be held liable in this regard. The Customer undertakes to complete the information requested on the reservation request and certifies the veracity and accuracy of the information transmitted. The contractual information is presented in French and is subject to confirmation at the latest when the Customer confirms the reservation. For reservations made exclusively on the internet, the registration of a reservation on the Les Airis site is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his reservation. The Customer has the possibility to check the details of his reservation, his total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitute proof of the sales contract. It is therefore the Customer’s responsibility to verify the accuracy of the reservation and to immediately report any errors. The sale of Services will only be considered final after Les Airis has sent confirmation of acceptance of the reservation to the Customer, by e-mail and after receipt by the Customer of the full price. Any reservation made on LesAiris.fr constitutes the formation of a contract concluded at a distance between the Customer and Les Airis. Les Airis reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute relating to the payment of a previous reservation. Each reservation is personal and can in no case be transferred to a third party.
Cancellation of a reservation:
In the event of cancellation of the reservation by the Customer after its acceptance by Les Airis less than 15 days before the planned date of stay, for any reason whatsoever, the 25% deposit paid at the time of purchase will remain full rights acquired by Les Airis and invoiced to the Customer, as damages, in compensation for the damage suffered.
ARTICLE 3 – PRICES
The Services offered by Les Airis are provided at the rates in effect on LesAiris.fr when the reservation is registered by Les Airis. Prices are expressed in Euros, excluding and including tax. The rates take into account any reductions that may be granted by Les Airis under the conditions specified on LesAiris.fr. These prices are firm and non-revisable during their period of validity, as indicated on LesAiris.fr, Les Airis reserves the right, outside this period of validity, to modify the prices at any time. The rates are indicated before and during the reservation made by the Customer. They agree for the number of people and the date selected. The rates are confirmed to the Customer in the amount including tax (excluding tourist tax) in the commercial currency of Les Airis. They take into account the VAT at the rate applicable on the day of the reservation; any change in the rate applicable to VAT will be automatically passed on to the prices indicated on the date of invoicing. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities. The rates do not include the tourist tax payable directly on site with Les Airis. The Customer undertakes to pay these various taxes without any dispute to Les Airis. The payment requested from the Customer corresponds to the deposit of 25% of the total amount of the purchase, excluding this Tax. An invoice is drawn up by Les Airis and given to the Customer when the reserved Services are provided.
ARTICLE 4 – TERMS OF PAYMENT
The customer pays a deposit of 25% of the total amount of the reservation on the day of the reservation. This deposit is payable in cash, in full on the day of confirmation of the reservation by the Customer, according to the terms specified in the “Reservations” article above, by means of secure payment: – by bank card: Visa, MasterCard, American Express, other credit cards (Ecard bleue). – with his Paypal account. When booking, the Customer communicates his bank details, specifying the name of the bank card, the number of the bank card, the date of validity (the bank card must be valid until the end of the stay) and the cryptogram. Payment data is exchanged in encrypted mode using the SSL protocol. Les Airis will not be required to provide the Services ordered by the Customer if the price has not been paid in full beforehand under the conditions indicated above. Payments made by the Customer will only be considered final after effective collection of the sums due by Les Airis.
ARTICLE 5 – Provision of Services
The Services reserved by the Customer, which include Les Airis reservation services and ancillary services, will be provided according to the following terms and conditions, under the conditions provided for in these General Terms and Conditions of Sale supplemented by the Terms and Conditions of Sale of the Tariff from which the Customer has taken knowledge and accepted when booking on LesAiris.fr. Upon arrival, the Customer will be asked to present his identity document in order to ensure his obligation to complete a Police Form. Les Airis is an entirely non-smoking area. The customer will be held liable for direct and/or indirect, consequential damages resulting from the act of smoking in Les Airis. He will therefore be liable for the full amount of the cost of cleaning and restoring the damaged item or space to its original state. Animals, as long as they are kept on a leash or in a cage in the common areas of the establishment, may be accepted according to the policy in force at Les Airis for the payment of a supplement. For hygienic reasons, animals are not allowed in the dining rooms. The Customer’s personal belongings left in the Les Airis room, in particular outside the safe or in the public areas of Les Airis, are their sole responsibility. Airis cannot be held responsible for the loss, theft, deterioration or damage caused to said effects. The customer accepts and undertakes to use the room as a good father. Also, any behavior contrary to morality and public order will cause Les Airis to ask the Customer to leave the establishment without any compensation and or without any refund if payment has already been made. In the event that no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment. The Customer will be held responsible for all direct and/or indirect, consequential damages of which he is the author, observed in the reserved room or that he could cause within Les Airis. Consequently, he undertakes to indemnify Les Airis for the amount of said damages, without prejudice to the damages that could be due, costs of proceedings and lawyers incurred by Les Airis. WIFI access (paid or not) allowing customers to connect to the internet may be offered according to the current policy of Les Airis. The customer undertakes that the computer resources made available to him by Les Airis will not be used in any way for the purposes of reproduction, representation, making available or communication to the public of works or protected objects. by copyright or by a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Code of intellectual property where such permission is required. If the customer does not comply with the aforementioned obligations, he could be accused of an offense of counterfeiting (article L.335-3 of the intellectual property code), punishable by a fine of 300,000 euros and three years’ imprisonment. . The customer is also required to comply with the security policy of the Les Airis internet service provider, including the rules for using the means of security implemented in order to prevent the illicit use of computer resources. and to refrain from any act that undermines the effectiveness of these means. Unless expressly provided otherwise, the Holiday Home will be made available to the Customer on the day of his arrival at 4 p.m. and the Customer will leave the room on the day of his departure at 12 p.m. Failing this, an additional night will be invoiced to the Customer. The Client must check his departure date. In the event of early departure, Les Airis will not refund the Customer. Les Airis undertakes to make its best efforts to provide the Services reserved by the Customer, within the framework of an obligation of means. The Customer will have a period of 8 days from the date of departure from Les Airis to issue, in writing, reservations or complaints concerning the provision of the Services, with all supporting documents relating thereto, to Les Airis. No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer. In the absence of reservations or complaints expressly issued within this period by the Customer upon receipt of the Services, these will be deemed to comply with the reservation, in quantity and quality.
In case of displacement:
In the event of an exceptional event, case of force majeure or impossibility of making the reserved room available to the Customer, Les Airis reserves the possibility of having the Customer totally or partially accommodated in accommodation of an equivalent category, for services of same nature and subject to the Client’s prior agreement.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the Consumer Code, given the nature of the services provided. The contract is therefore concluded definitively as soon as the reservation is made by the Customer according to the methods specified in these General Conditions of Sale.
ARTICLE 7 – Liability of Les Airis – Warranty
Les Airis guarantees, in accordance with the legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, resulting from a failure to perform the Services reserved and actually paid for under the conditions and according to the methods defined in these General Conditions. of Sale. The Services provided through LesAiris.fr comply with the regulations in force in France. Les Airis cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 8 – IT and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his reservation and the establishment of invoices, in particular. This data is processed and intended for Les Airis and may be communicated to its potential partners responsible for the execution, processing, management and payment of reservations as well as the Customer’s stay. The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on LesAiris.fr. The personal data protection policy can be consulted in the legal notices available on LesAiris.fr.
ARTICLE 9 – Intellectual property
The content of LesAiris.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
ARTICLE 10 – Imprevision
These General Terms and Conditions of Sale expressly exclude the legal contingency regime provided for in Article 1195 of the Civil Code for all Les Airis Services operations to the Customer. The Airis and the Customer therefore each waive the right to avail themselves of the provisions of article 1195 of the Civil Code and the contingency regime provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution would prove to be excessively onerous and to bear all the economic and financial consequences.
ARTICLE 11 – Force majeure
The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
Article 12: MISCELLANEOUS PROVISIONS
These General Conditions of Sale, the legal notices, the Conditions of Sale of the rate reserved by the Customer, the Reservation Request, the Reservation Confirmation by the Customer, constitute the entire agreement of the parties within the limit of its object. They replace and cancel, therefore, within this limit, any verbal or written agreement that would be prior to them. No tolerance, whatever its nature, extent, duration or frequency, may be considered as creating any right and may not result in limiting in any way whatsoever the possibility of invoke each of the clauses of these General Conditions of Sale, at any time, without any restriction. Any clause of the present General Conditions of Sale which would come to be declared null or illicit by a competent judge would be deprived of effect, but its nullity could not affect the other stipulations, nor affect the validity of the General Conditions of Sale as a whole or their legal effects.
ARTICLE 13 – Applicable law – Language
These General Terms and Conditions of Sale and the resulting operations are governed by and subject to French law. These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 14 – 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 consequences and which could not have be resolved between Les Airis and the Customer will be submitted to the competent courts under the conditions of common law. The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or to any alternative method of settling disputes. disputes (conciliation, for example) in the event of a dispute.
ARTICLE 15 – Pre-contractual information – Client acceptance
The Customer acknowledges having had communication, prior to the making of his reservation and the conclusion of the contract, in a readable and understandable manner, of these General Conditions of Sale and of all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information: ● the essential characteristics of the Services, taking into account the communication medium used and the Service concerned; ● the price of the Services and related costs; ● in the absence of immediate execution of the contract, the date or the deadline by which Les Airis undertakes to provide the reserved Services; ● information relating to the identity of Les Airis, its postal, telephone and electronic contact details, and its activities, if not apparent from the context, ● information relating to legal and contractual guarantees and their implementation work ; ● 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 important contractual conditions. ● the means of payment accepted. The fact for a natural (or legal) person to book on LesAiris.fr implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against Les Airis.