Terms and conditions of sale

General terms of sale - Villa Padulaccia Hotel

Definitions

Client: refers to a natural person, of legal age, acting for their own personal needs and possessing full legal capacity to enter into commitments under these terms.

Hotel: refers to the company PADULACCIA, a company with a collective name with a capital of 200,000 euros with its registered office at Pôle de Suartello II, route de Mezzavia, 20 090 AJACCIO, registered with the R.C.S. of Ajaccio under the number 891 732 885, operator of the establishment « HOTEL VILLA PADULACCIA ».

CGV: these general conditions of sale.

Service: consists in the provision of rooms whose essential characteristics are presented on the Site, with or without meals and/or light breakfasts and other complementary services related to temporary accommodation.

Site refers to the website dedicated to the Hotel accessible at the following address: https://www.hotel-villapadulaccia.com/

Article 1 - Scope of application

The GTC apply to sales transactions concluded by the Hotel with the Customer.

They cancel and replace any previous version that may have been posted online and/or accepted by the Customer.

These GTC apply to the marketing by the Hotel of all the Services offered on the Site by the Hotel, starting from the time of booking.

It is therefore imperative that the Customer carefully reads the Terms and Conditions, which are referenced by hyperlink on each page of the site. In particular, it is advised to download and/or print them in order to retain a copy on the day of the order, provided that these may be modified; however, it should be noted that such modifications will not apply to orders placed previously.

The Terms and Conditions may be supplemented by specific sales conditions as well as by the sales conditions of other providers, which can be accessed either on their website or on site.

The Customer declares to have read and accepted the Terms and Conditions by checking the box provided for this purpose before implementing the online booking procedure.

The Client’s validation of the reservation constitutes acceptance without restriction or reservation of the GTC.

Article 2 - Capacity

The Client acknowledges that they have the capacity to contract, that is, they must be of legal age and not be under guardianship or trusteeship.

The Customer also declares that he/she will use the Site in accordance with these GTCs, in his/her own name, and, where applicable, in the name and on behalf of all the beneficiaries of the Services ordered by him/her on the Site, of which he/she acknowledges being the authorized representative (hereinafter: the «Beneficiaries») and to whom these GTCs will be applicable.

The Client is financially responsible for the use of the Site, whether in its own name or on behalf of the Beneficiaries, unless it can be demonstrated that the fraudulent use was not the result of any fault or negligence on its part.

The Client guarantees the truthfulness and accuracy of the information provided by him on behalf of and for the benefit of all the Beneficiaries using his data on the Site.

The Hotel reserves the right at any time not to contract with a Client who would make fraudulent use of the Site or who would contravene these GTC.

In this regard, it is recalled the terms of Article 313-1 of the French Criminal Code:

«Fraud is the act, either by using a false name or a false quality, or by abusing a true quality, or by employing fraudulent manoeuvres to deceive a natural or legal person and thereby cause them to commit, to the detriment of themselves or a third party, the handing over of funds, valuables or any other property, the provision of a service or the performance of an act that entails an obligation or discharge. Fraud is punishable by five years» imprisonment and a fine of 375,000 €.»

Article 3 - Pre-contractual information

The Customer acknowledges that, prior to the conclusion of their reservation and the conclusion of the contract, they were provided with all the information listed in Article L. 221-5 of the Consumer Code in a legible and comprehensible manner, including the following information:

• the essential characteristics of the Services offered, taking into account the communication medium used and the relevant Service; ;
• the price of the Services and the associated fees; ;
• in the absence of immediate execution of the contract, the date or the timeframe by which the Provider undertakes to provide the reserved Services; ;
• information relating to the identity of the Provider, its postal, telephone and electronic contact details, and its activities, if not included in the context; ;
• information regarding legal and contractual guarantees and their implementation procedures; ;
• the functionality of the digital content and, where appropriate, its interoperability; ;
• the possibility of resorting to conventional mediation in the event of a dispute; ;
• information relating to important contractual conditions; ;
• the accepted payment methods.

More specifically, the essential characteristics of the accommodations offered and the associated Services are described on the Site.

The details of each proposed room can be consulted without reservation in the corresponding section of the Site during the booking process under the availability calendar for the rooms.

The photographs of the rooms are non-contractual in the sense that the elements of presentation or interior decoration may change, and that the dimensions of the rooms vary from one room to another. The responsibility of the Hotel could not therefore be assumed.

Article 4 - Right of withdrawal

Pursuant to the provisions of Article L 121-21-8 of the Consumer Code, the Services offered by the Hotel are not subject to the application of the right of withdrawal provided for in Articles L. 121-21 et seq. of the Consumer Code in the context of distance selling.

Consequently, the Services ordered by the Customer are exclusively subject to the cancellation and modification conditions provided for in these GTC and the Customer will not be able to invoke the right of withdrawal.

Article 5 - Price

Prices are quoted in Euros. VAT is included in the prices offered. Any change in the applicable rate, or any modification or introduction of new legal taxes imposed by the competent authorities, will be automatically reflected in the prices indicated at the time of billing.

The rates are per room for the indicated number of people and according to the selected period.

The prices indicated only include the Services strictly mentioned in the reservation.

The additional services provided by the hotel during the stay and, if applicable, the tourist tax will be added to the price mentioned in the reservation.

The prices mentioned on the Site are subject to change at any time by the Hotel without prior notice or notification. Only the price indicated in the Hotel’s booking confirmation is contractual.

The prices issued can be determined by a fine-tuning pricing practice. These prices can therefore depend on several parameters such as (non-exhaustive list): the date of booking, the date of stay, the time between these two dates.

No stays booked before the implementation of any promotional offer will be refunded, even partially.

All reservations are payable in Euros, as indicated during the booking process. If payment is made in another currency, the exchange rate fees will be borne by the Client.

If a rate implies that payment must be made at the Hotel upon the arrival or departure of the Client, and the Client’s currency is not the same as that of the country where the Hotel is located, the rate applied may be different from that communicated at the time of booking, taking into account the possible evolution of exchange rates between the date of booking and the dates of stay.

Article 6 - Orders

6.1 - Online orders

The Customer must, when placing their order, necessarily:

• complete the identification form on which he/she will indicate all the requested details or provide his/her Client number if he/she has one;,
• complete the order form online by providing all the references for the products or services selected,
• validate your order after checking it,
• make the payment under the stipulated conditions and confirm the order and payment in the case of an option for a pre-payment plan (advance purchase), or transmit to the Hotel its bank details in the case of an option for a flexible plan.

The confirmation of the order constitutes acceptance of these terms and conditions of sale, recognition that the customer is fully aware thereof and a waiver of the right to rely on its own purchase conditions or other conditions.

All the data provided and the recorded confirmation will serve as proof of the transaction. The confirmation will be considered a signature and acceptance of the operations carried out.

The Hotel transmits to the Customer, by any means (e-mail, regular mail, fax, etc.), the confirmation of the registered order.

The reservation is only final and definite after receipt of the confirmation sent to the Client by the Hotel.

In that case, please contact the hotel at the number 06 40 52 70 51.

Online payment

Depending on the type of reservation made, the price is due in full at the time of placing the order (pre-payment plan in advance purchase) or upon the Client’s departure from the Hotel (flexible plan).

In all cases and in order to guarantee your reservation, the Client is asked to provide their bank card number; the transmission is done using a secure mode.

In the event of payment at the time of placing the order, the bank card information transmitted by the Customer through a secure system to the Hotel allows the latter to debit the card for the total amount of the stay, always in a secure manner. The Customer’s bank account is debited on the day of the order, with the invoice being sent to the Customer on the day of their departure from the Hotel.

Please note that the credit card used to make the reservation must be presented by its holder upon arrival. Otherwise, a new credit card will be requested for payment upon arrival.

In the event of a third party taking care of the stay, the hotel will require documents for the security of the transaction.

Please note that the hotel reserves the right to pre-authorize your credit card at any time before your arrival.

6.2 - Other booking methods

The Customer can also book by contacting the reservation service directly using the telephone number listed on the website (+33 6 40 52 70 51) or the email address: contact@hotel-villapadulaccia.com

Article 7 - Conditions of use of the accommodation

The rates, terms and conditions of reservations are intended for the sale of hotel rooms in accordance with their primary purpose: accommodation.

The hotel reserves the right to modify or cancel the reservation(s) as well as the rates and conditions if the rooms are used for other purposes such as evening events, dinners, meetings, photo shoots or video shoots, film or interview shoots, written or filmed interviews, social media shoots, showrooms etc… (non-exhaustive list) without the prior written permission of the hotel. The number of guests in the rooms cannot exceed the number of people booked and cannot exceed the maximum capacity of the rooms declared to the Police Prefecture (declaration available from the hotel management).

Smoking prohibited. All rooms are non-smoking. The Client will be liable for direct and/or indirect damages resulting from smoking in the Hotel. Therefore, he/she will be liable for the full amount of the cleaning and restoration costs for the damaged item or space. A penalty of 150 euros may be charged to the Client’s bank card. A supplementary penalty may be charged to the client in the event of damage to the Hotel due to the client’s violation of the smoking ban.

Animals. Animals, provided they are kept on a lead or in a cage in the common areas of the establishment, may be accepted according to the hotel’s current policy subject to payment of an additional fee. For hygiene reasons, animals are not allowed in the dining rooms. For regulatory reasons, we accept a maximum of 2 animals weighing less than 10 kg or one animal weighing more than 10 kg per room.

Article 8 - Modification and/or cancellation of a reservation

Cancellations and/or modifications of reservations may be permitted according to the tariff plan chosen by the Customer.

In the case of opting for a flexible plan, any request for modification and/or cancellation of a reservation must be made at least 48 hours before the start of the stay.

The modification and/or cancellation of a reservation is only final after receipt of a confirmation email from the hotel.

The date of receipt of the request for modification and/or cancellation (by email, mail, or phone) is the date chosen for the cancellation.

In the event of choosing a pre-paid plan, no modifications or cancellations will be accepted and the total amount of the stay will remain due to the Hotel without the Client being entitled to any refund.

In the event of the Client’s failure to show up at the Hotel and in the absence of cancellation:

• The total amount of the reservation will be retained by the Hotel in the case of a «Pre-payment plan advance purchase» reservation; ;
• The first night will be charged by the hotel in the case of a «Flexible Plan» reservation.

Furthermore, for stays of at least 2 nights, in the event of the Client’s failure to show up on the first day of the stay, the Hotel is not obliged to keep the room for the remaining duration of the stay.

The Client is asked to arrange for arrival at the Hotel before 18:00 and to notify the hotel if they arrive late, as failure to do so will be considered as not having checked in on the first day of the stay.

Article 9 - Eviction

In the event of the Hotel’s unavailability or in the event of force majeure, the Hotel reserves the right to accommodate the Client fully or partially in a hotel of equivalent or higher category, offering similar services. The transfer will then be at the expense of the Hotel, which will not be liable for any additional compensation.

Article 10 - Ancillary services - Packages

Orders for ancillary services and/or packages can only be placed at the same time as the booking of a stay at the establishment on a given and predetermined date.

They may only be used by the Client during their stay at the Hotel. They may be modified and/or cancelled only under the conditions of Article VII of these Terms and Conditions.

Article 11 - Force majeure

Force majeure means any event beyond the parties’ control that is both unpredictable and insurmountable and prevents either the client or the hotelier from fulfilling all or part of the obligations stipulated in the contract.

This is the case, in particular, in the event of a strike, insurrection, riot, or prohibitions decreed by governmental or public authorities.

It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party bears the burden of the resulting costs.

Customers will, in particular, bear the additional costs that may be incurred to allow the continuation of the journey following the occurrence of a case of force majeure.

Article 12 - Claims

Any claim must be addressed to the following address: PADULACCIA Company - Pôle de Suartello II, route de Mezzavia, 20 090 AJACCIO, and within 15 days following the departure of the stay subject to said claim. After this period has passed, no claim will be considered.

Article 13 - Computer science and liberties

Pursuant to Law 78-17, known as the Data Protection and Electronic Communications Act, customers are informed that their reservation is subject to computerized name-based processing. Customers have the right to access and correct the data entered, which can be exercised at the company headquarters: Pôle de Suartello II, route de Mezzavia, 20 090 AJACCIO.

It is specified that this information is not communicated to third parties.

The Hotel offers its customers access to Wi-Fi internet, who undertake not to use it in violation of the law, for the purposes of reproduction, representation, making available, or communication to the public of works or objects protected by copyright or related rights, without the permission of the holders of the rights. If the Client fails to comply with the aforementioned obligations, they could be accused of an offence of counterfeiting (article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and a prison sentence of three years. The Client is also required to comply with the security policy of the Hotel’s internet access provider, including the rules for using the security measures implemented to prevent the illicit use of computer resources and to refrain from any act that impairs the effectiveness of these measures.

The hotel has a video surveillance system in the external common areas of the building as well as in the parking lot.

Article 14 - Responsibilities

The Hotel declines all responsibility in the event of theft, loss, or damage to items belonging to Guests during their stay. Safe deposit boxes are available in each room and suite.

In the online sales process, the Hotel is only liable for the costs incurred. Its liability cannot be claimed for damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, service disruption, or other unintentional problems.

Any object stolen in the room or in the common areas during the stay will be charged at the current rate, it being noted that these rates are available at the Hotel’s reception. The Client accepts and undertakes to use the room in a responsible manner.

Furthermore, any behavior contrary to good morals and public order will lead the Hotel to request the Client to leave the establishment without any compensation or refund if a payment has already been made. In the event that no payment has yet been made, the Client must pay the price of their reservation before leaving the Hotel, regardless of any compensation they may be required to pay to the Hotel.

In the event of damage to the room, common areas, or decorative items, the Hotel reserves the right to charge the Client the cost of the damage caused and the stolen items, and the corresponding fee may be charged to the bank card provided.

Also, the Hotel has the right to ask the Client to leave the premises without notice, without any compensation and without any refund of the current stay, and to reimburse the damages caused by their actions.

Article 15 - Personal data

All Services will be subject to registration, which the Customer can access upon request at the following address: contact@hotel-villapadulaccia.com. In accordance with Law 78-17 «Informatique et Libertés» of January 6, 1978 as amended, the Customer has the right to access, rectify and oppose the personal data processed about them.

The Customer may also refuse the processing, request a limitation of it, or request the deletion (within the legal retention periods) of personal data.

This right may be exercised upon simple written request to contact@hotel-villapadulaccia.com who will respond to the requests made.

The purpose of the processing of the personal data collected corresponds to the obligations related to the services performed (customer management, commercial prospecting…).

Article 16 - Information for consumers about the possibility of objecting to telephone solicitation

Since the law of 6 January 1978 concerning computers, files and freedoms, anyone can oppose the use or transfer of personal data concerning them. This enables, among other things, the consumer to oppose various forms of commercial prospecting by professionals using their data.

These provisions have been strengthened by the HAMON law, which inserted into Article L. 223-2 of the Consumer Code the obligation for any professional who is required to collect the telephone data of a consumer to inform the latter of their right to register on the list of opposition to telephone solicitation. This obligation came into effect on June 1, 2016.

Consumers will be able to register for free on this list available on the website. www.bloctel.gouv.fr.

In addition to the information obligation imposed on it, the Hotel will be prohibited from approaching consumers listed on this list, unless they are previous customers.

Therefore, it is the responsibility of the professional who wishes to carry out a prospecting campaign to verify via their registration on the bloctel.gouv.fr website that their clients are not included on this list.

He will therefore have to purge his prospecting file of the contact details of the persons listed on that list. It is also recalled that the sale or rental of files containing the telephone numbers and contact details of one or more consumers listed on the list opposing telephone solicitation is prohibited.

These prohibitions do not apply to the protection for the supply of newspapers, periodicals or magazines. The professional who fails to comply with these provisions faces an administrative fine of up to €15,000 if they are a natural person and up to €75,000 if they are a legal person.

Article 17 - Mediation - Applicable law

The terms and conditions are governed by French law. This applies both to the substantive rules and to the formal rules. Disputes will be subject to the exclusive jurisdiction of the French courts.

Mediation of consumer disputes

In accordance with the provisions of the Consumer Code, the customer has the right to use the mediation service offered by Médiateur Tourisme et Voyage free of charge. He/She may contact:

• via the Internet: https://mtv.travel/demande-saisine/
• or by post (by completing the form available on the website).