General terms and conditions of sale
The conditions for carrying out activities relating to the organisation and sale of travel or holidays are determined by Articles R 211-3 to R 211-11 of the Tourism Code.
1. GENERAL PRESENTATION
TERRESENS - HÔTELS ET RÉSIDENCES is designated as the brand owned by the company TERRESENS VACANCES, a Société par Actions Simplifiée (S.A.S) registered with the Lyon Trade and Companies Register under number 813 168 887, whose registered office is at 19, place Tolozan (69001) LYON and registered with the Institut National de la Propriété Intellectuelle (INPI) under the national number 17 4 355 557
The present general conditions apply to the sale of accommodation holidays concluded between the company TERRESENS VACANCES and its private clients.
The stays offered are in "serviced residences", "hotel residences" or "tourist residences" consisting of furnished accommodation, flats or hotel rooms, allowing temporary stays on a daily, weekly or monthly basis.
The booking of a stay implies the acceptance of the present general conditions of sale which prevail over any other previous conditions or any general conditions of purchase.
2. BOOKING CONDITIONS
2.1 General conditions
The reservation of a stay in a TERRESENS - HÔTELS ET RÉSIDENCES residence is only valid after acceptance of the reservation by TERRESENS - HÔTELS ET RÉSIDENCES.
The accommodation, flats and rooms are allocated by TERRESENS - HOTELS AND RESIDENCES according to availability. This allocation may be changed at any time before the keys are actually handed over. TERRESENS - HOTELS AND RESIDENCES can therefore under no circumstances guarantee a specific location for the accommodation chosen. Only the location, dates and type of accommodation are guaranteed. Access to the accommodation may be refused in the event of disruptive behaviour by clients, contrary to the calm and serenity of the host site.
Partner" advantages and promotions cannot be applied to a reservation that has already been paid for in full or in part. In the event of non-arrival on the day of arrival initially planned and without the client sending a written notice to the head office within 3 days, TERRESENS - HÔTELS ET RÉSIDENCES reserves the right to put the accommodation up for sale.
TERRESENS - HOTELS AND RESIDENCES also reserves the right to dispose, without prior notice, of the places of clients who have not paid the full amount of their stay by the end of the requested period, in which case the corresponding general cancellation conditions will be applied, as set out below, depending on the type of reservation made.
Reservations are nominative and personal. In accordance with article R.211.7 of the Tourism Code and under penalty of cancellation of the contract, they may not be transferred or sublet in whole or in part unless the client has informed the TERRESENS - HÔTELS ET RÉSIDENCES reservation department of his decision by any means that allows an acknowledgement of receipt to be obtained no later than seven days before the start of the rental period. In the event of termination of the contract for this reason, the full amount of the rent will remain with or be due to TERRESENS - HÔTELS ET RÉSIDENCES. Only the owner of the credit card may pay for the stay. The same card must be presented before the keys are handed over, together with identity papers. The full names and ages of all participants, including newborns, must be given at the time of booking. Any incorrect information may result in the immediate cancellation of the booking. For obvious safety reasons (swimming pool, evacuation) or health reasons (possible hospitalisation during the stay), minors not accompanied by a legal guardian within the meaning of article 389 of the Civil Code are not admitted.
2.2 Reservations that can be cancelled and refunded
To be considered as firm, the reservation must be guaranteed by the provision of :
a deposit by bank transfer or by credit card via a debit authorization form, in an amount equivalent to 30% of the price of the stay,
a valid credit card number for the duration of the stay, which may be debited by TERRESENS - HÔTELS ET RÉSIDENCES in the event of cancellation fees under the conditions and within the limits set out in article 8 of these conditions.
The balance of the invoice must be paid at the latest and without reminder within one month before the beginning of the stay.
If the payment dates are exceeded, collection costs will be charged on the basis of a minimum of 80 euros per holiday file.
2.3 : Non-cancellable, non-refundable, non-exchangeable and non-changeable reservations
In the case of a non-cancellable, non-refundable rate, 100% of the price of the stay is due by the client upon confirmation of the reservation.
3. SPECIAL CONDITIONS OF THE ESTABLISHMENT
3.1 Arrival and departure
For all reservations, whatever their nature, the keys are handed over on arrival at the reception desk from the time indicated below:
Arrival time (from): 5pm in the afternoon,
Check-out time (at the latest): 10 a.m.
If you are unable to arrive or arrive late, it is essential that you inform the Residence so that we can organise your arrival outside reception opening hours and so that we can avoid billing you for an extra night if you do not respect the departure time limit.
When you make your reservation, you can obtain the keys to your flat from 12 noon onwards by booking (at an extra charge) the Early Check In. Without the purchase of this supplement, no check-in before 5 p.m. will be allowed on site.
3.2. Destination of the rental
The Client acknowledges that the seasonal rental is concluded as a temporary residence and for pleasure. The flats are in no way intended to be main residences, nor even secondary residences, so that it is forbidden to take up residence in the premises, whether continuously or discontinuously.
The stays offered by TERRESENS - HÔTELS ET RÉSIDENCES are family-oriented in the traditional sense, and the accommodation is specially designed for this purpose. The Client undertakes to respect the rented accommodation and its surroundings and to preserve the tranquillity of the neighbourhood.
TERRESENS - HOTELS AND RESIDENCES reserves the right to refuse any reservation that is contrary to this principle or that seeks to divert it.
It is forbidden to carry out any commercial, craft or professional activity. Consequently the contract will be governed by the provisions of the civil code as well as by the conditions set out in the present contract and the accommodation contract drawn up between the parties. The occupancy of the accommodation must respect the limit of the maximum number of occupants authorised according to the category of accommodation reserved.
3.3 Inventory of the premises
All the equipment present will be listed in an inventory. The accommodation is fully equipped with crockery, cutlery, bedding, sheets and household linen.
The Client shall use the rented premises and facilities peacefully and reasonably, in accordance with the purpose of the premises and with articles 1728 and 1729 of the Civil Code.
It is possible that TERRESENS - HÔTELS ET RÉSIDENCES will not be able to carry out the verification (inventory of fixtures, inventory) in the presence of the Client. The inventory of fixtures may therefore be carried out unilaterally by TERRESENS - HÔTELS ET RÉSIDENCES. In all cases, an inventory of fixtures will be given to the Client on arrival.
Upon taking possession of the accommodation, it is essential that the Client checks that it is accurate and that the household and sanitary appliances are working properly. It is the Client's responsibility to report any shortcomings or anomalies to the person in charge on site within 24 hours of arrival. On the day of departure, the accommodation must be returned in a clean condition, the inventory and the state of repair checked. If the accommodation is not returned in a decent state of cleanliness and/or the kitchen area has not been tidied up and/or cleaned, MSH will be obliged to charge the Client a cleaning fee for the kitchen area starting at 40€. In addition, the occupant undertakes, for safety reasons, to respect the maximum number of beds per type as specified in the description of the accommodation given at the time of booking.
3.4 Internal regulations
In order to facilitate the life of your holiday, a set of internal regulations is displayed at the reception of each establishment. The Client hereby undertakes to read and respect these rules.
4. PRICES AND PAYMENT TERMS
4.1 Prices
4.1.1 Price of the stay
The description of the programmes and the price tables contain an indication of the services included in the package prices proposed.
These prices vary according to the period of the stay and sometimes according to the number of participants. The amounts shown in the price tables have been established according to the economic conditions in force at the time the prices were established. In the event of a change in these conditions and in particular those relating to legal taxes (including VAT) or regulations, the technical organisers reserve the right to modify the prices.
The prices are indicated and payable in euros, they are expressed inclusive of VAT. The prices indicated only include the services strictly mentioned in the reservation.
Thus, to the price mentioned in the reservation will be added, at the time of the invoicing :
The tourist tax payable on site, the scale of which is displayed at the reception of the Residence,
The deposit,
The optional services offered on site at the customer's choice.
Personal expenses.
The price is given for the rental of an accommodation according to the dates and duration of the stay chosen. The rental charges are included in this price. The client will be given a statement of account if the increase exceeds 5% of the total price of the stay. The prices were established on 01/03/2017 according to the prices of the various services in force on this same date. As a result, any change in these economic conditions is likely to lead to a price change.
4.1.2 Application fee
The booking fee is compulsory and must be paid in full when the booking is confirmed.
* For stays booked by telephone (a file cannot exceed 15 adults) :
for all reservations up to 4 nights included: 15 € per file
For all bookings of 5 nights or more: 25 € per file
* For bookings made on the website (one file cannot exceed 15 adults):
for all bookings up to and including 4 nights: 10 € per file
for all bookings of 5 nights or more: 15 € per file
The booking fee will be increased by 10 € if the deposit has been paid by credit card on the website but the balance of the stay is paid by any other means of payment than credit card.
4.1.3 Prices for additional and optional services
In addition to the accommodation, various "à la carte" services are provided, such as breakfast, cleaning of personal linen, supply of household linen (sheets, towels) and cleaning of the accommodation.
These services are invoiced in addition to the price of the accommodation, according to the rates below. Payment must be made in cash at the time of ordering the service.
Sheets + towels 10 € per person
Mid-stay cleaning Between 30 € and 70 € depending on the type of flat
Cleaning at the end of the stay Between 40 € and 90 € depending on the type of flat
Baby kit (bed, high chair) Free
4.2 Methods of payment
The means of payment accepted are credit cards (Visa, MasterCard), bank transfers, cash within the maximum amounts authorised by the laws in force and holiday vouchers. Cheques are not accepted.
5. BROCHURE
The photos, videos and texts used in the catalogue or on the websites and social networks are presented for information purposes only and have no contractual value. All information concerning sports and leisure activities is provided by the Tourist Office and is given for information only. TERRESENS - HÔTELS ET RÉSIDENCES cannot be held responsible if any of these activities no longer exist during your stay. For any additional information, you may contact the organisations concerned directly. If circumstances so require and in the event of events beyond the control of TERRESENS - HÔTELS ET RÉSIDENCES (force majeure, weather conditions, etc.), TERRESENS - HÔTELS ET RÉSIDENCES reserves the right to modify all or part of its proposed programmes, activities and facilities.
TERRESENS - HÔTELS ET RÉSIDENCES cannot be held responsible for the actions of third parties and/or in the event of force majeure. Force majeure is understood to mean the occurrence of an unforeseeable, irresistible event external to the Parties.
6. SPA
In accordance with Article 16 of law n°96-603 of 5/07/1996 modified on 4/03/2010, the term "modelling" is understood to mean any external superficial manoeuvre carried out on the skin of the visa ge and the human body for the sole purpose of aesthetics and comfort, to the exclusion of any medical or therapeutic purpose. This manoeuvre can be either manual, possibly to ensure the penetration of a cosmetic product, or facilitated by a device with aesthetic aims. These non-medical massages are carried out by qualified masseurs or beauticians.
Payment for services is made directly to the service provider.
Any cancellation of an appointment without justification by a medical certificate or any change of schedule, not made 24 hours in advance or any appointment not honoured will not give rise to a replacement or refund of the service booked, which will then be invoiced in full by the provider.
7. CONDITIONS FOR CANCELLATIONS AND/OR MODIFICATIONS
In accordance with article L.211-14 of the French Tourism Code, the Client may cancel the contract at any time before the start of the holiday. In this case, the Client will be liable for cancellation fees as determined by TERRESENS - HÔTELS ET RÉSIDENCES according to the scale shown opposite for all the products and services in the catalogue. This scale applies to the pure and simple cancellation of the stay as well as to all modifications concerning the date or the place of stay as well as to a reduction in the number of people or the number of flats rented according to the chosen formula.
Please note that for special rates such as those applicable to "non-cancellable, non-refundable" bookings, the modification and cancellation fee will be 100% of the total price of the stay, as soon as the file is booked. The scale below also applies to the cancellation of additional services.
7.1 Cancellation terms and charges, in the event of cancellation at the Client's initiative
60 days and more before the start of the rental period: €50 cancellation/change fee
59 to 45 days before the start of the rental period: 25% of the total amount of the rental period
From 44 to 30 days before the start of the rental period: 50% of the total amount of the rental period
29 days or more before the start of the rental period: 100% of the total amount of the rental period
The Client has the right to cancel the contract before the start of the trip or holiday without paying cancellation fees in the event of force majeure, i.e. if exceptional and unavoidable circumstances occur at the destination or in the immediate vicinity of the destination which have a significant impact on the performance of the contract.
7.2 Cancellation procedures in the event of cancellation at the Vendor's initiative
If TERRESENS - HÔTELS ET RÉSIDENCES is forced to cancel the holiday before the start of the holiday, it must inform the Client by registered letter with acknowledgement of receipt. The Client will be reimbursed immediately and without penalty of the sums paid as soon as possible and in any event no later than fourteen days after the cancellation of the contract. The Customer will also receive compensation at least equal to the penalty that he would have incurred if the cancellation had been made by him on that date. These provisions do not apply when an amicable agreement has been reached for the Client to accept a substitute holiday offered by TERRESENS - HÔTELS ET RÉSIDENCES under the conditions of article R.211-9 of the Tourism Code.
8. RESPONSIBILITY
8.1 Loss, theft, damage caused to third parties
TERRESENS - HOTELS AND RESIDENCES declines all responsibility in the event of theft or loss of personal objects anywhere in the establishment. Clients are required to ensure that their main home policy includes the holiday extension and covers the risks of theft, loss and damage caused to third parties in the accommodation.
If this is not the case, Clients are required to contact their insurance company and ask for the extension of the guarantee. A certificate of insurance or a declaration on honour may be requested at the entrance to the premises and throughout the duration of the stay.
8.2 Information provided by partners and third parties
The client expressly acknowledges that TERRESENS - HOTELS AND RESIDENCES cannot be held responsible for false, misleading or erroneous information provided by its partners or any third party in the catalogue or on the website concerning the host sites, and in particular the presentation photos, the descriptions used, the activities, leisure activities, services and operating dates.
8.3 General description of the flats
For a stay in a Residence, a general description of the Seller's flats is provided on the site for information purposes only. All the photos contained in the brochures and internet presentation are atmospheric photos and are not contractual. Similarly, all information concerning cultural or sporting activities provided to us by the Tourist Offices of the resorts shall in no way engage the responsibility of the Seller.
9. INSURANCE
For your security, TERRESENS - HÔTELS ET RÉSIDENCES has taken out a multi-risk contract with Allianz, No. 59.521.843, which includes the following guarantees Operation of tourist residences, tourist residences and hotels in France, travel and holiday organisers in France. The general conditions of the contract can be consulted at any time on request.
TERRESENS - HÔTELS ET RÉSIDENCES specifies that whatever the duration of the stay, its insurer does not cover :
damage to vehicles parked in outdoor or underground car parks,
damage to third parties,
theft, damage or disappearance of personal belongings in the flats, including individual safes, common premises, car parks and any other outbuildings or annexes of the residence,
insurance for pets.
TERRESENS - HÔTELS ET RÉSIDENCES cannot be held liable for any of these reasons.
10. DEPOSIT / LOSS
10.1 Deposit
For rental stays: a deposit of 300 to 2,500 euros depending on the type of accommodation and furniture provided will be requested from the Client on arrival. It will be returned at the end of the stay after deduction of any replacement or cleaning costs and/or any other additional services not paid for. A deposit may be requested for the use of certain equipment made available at the request of the Client (padlocks, hairdryers, etc.).
10.2 Loss or damage caused by the Client
Any lost key will be invoiced to the Client. The Client is held responsible for any broken or damaged objects and for any damage that may be caused to the facilities and installations of the residence. If this deposit proves to be insufficient, the Client will be asked to top it up.
11. COMPLAINTS
In accordance with article R.211-6 of the French Tourism Code, the Client is obliged to communicate any non-conformity that he/she notices during the execution of the holiday as soon as possible in view of the circumstances of the case. The Client must make his complaint without delay to the person in charge of the accommodation, the guide or the local representative and/or obtain from them a certificate of non-provision of services (excluding ski services). Failing this, TERRESENS - HÔTELS ET RÉSIDENCES cannot guarantee a favourable outcome to the dispute formulated on the return journey.
If it has not been possible to settle a dispute on the spot, the complaint must be sent by registered post as soon as the Client returns to TERRESENS - HÔTELS ET RÉSIDENCES 19 place Tolozan, 69001 Lyon, together with all original supporting documents. Insofar as the sales contract signed is individual, any complaint must be individual and not collective, and this within a maximum of eight days following the end of the services.
The response time may vary depending on the length of the investigation with the service providers. After contacting the agency's customer service department, and in the absence of a satisfactory response within one month, the customer may refer the matter to the Tourism and Travel Ombudsman.
To better answer your questions, you can contact
Mediation de la consommation AME
11 place Dauphine
75 001 PARIS
12. IMAGE RIGHTS
For the purposes of entertainment within the establishment and to create and share memories, each client, during their stay, authorises TERRESENS - HÔTELS ET RÉSIDENCES, any person or company authorised by it, to be photographed and filmed, as well as their minor children, free of charge. This content may be used on all paper, audiovisual, multimedia and computer media (internet and social networks) for informative, advertising, promotional and commercial purposes to promote the establishments and TERRESENS - HOTELS AND RESIDENCES and its activities. Each participant hereby waives any claim or legal action relating to this authorisation. This authorisation is valid for a period of 5 years from the acceptance of these general terms and conditions of sale when the reservation is made.
Any client who does not wish to be photographed or filmed under these conditions during the stay may inform TERRESENS - HÔTELS ET RÉSIDENCES in writing at the time of booking or with the management or host at the place of stay. The Client may make a special request at the time of booking (view, floor, side-by-side accommodation, etc.) This special request concerning the Client's accommodation cannot be guaranteed by TERRESENS - HÔTELS ET RÉSIDENCES at any time.
The Seller undertakes to do its utmost to satisfy the Client with regard to this request but is in no way bound by an obligation of result. The said request will be considered subject to the feasibility and organisation of the rooms or flat and subject to the planning of the residence. The impossibility of meeting the Customer's particular request shall not give rise to any claim against the Seller's services.
13. NO RIGHT OF WITHDRAWAL
We draw the Customer's attention to the fact that activities related to the organisation and sale of trips or stays on a specific date or during a specific period are not subject to the 7-day withdrawal period applicable to distance selling.
14. INFORMATION TECHNOLOGY AND FREEDOM OF INFORMATION
The General Data Protection Regulation defines new requirements regarding the content and processing of data in files.
14.1 Identification of the data collected
Pursuant to Law 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Client is strictly necessary for the processing of accommodation reservations and the preparation of invoices, in particular. This data is collected when the Client:
makes an enquiry on the TERRESENS - HÔTELS ET RÉSIDENCES website,
makes a reservation for an accommodation stay on the TERRESENS - HOTELS AND RESIDENCES site, by telephone or by e-mail,
contacts the TERRESENS - HOTELS AND RESIDENCES Reservation Department.
In this context, TERRESENS - HÔTELS ET RÉSIDENCES collects the following data:
Civil status
Last name
First name
Address
Telephone number
E-mail address
VAT number if applicable
Internal processing code to identify the customer
IP address
Payment details: customer's credit card number,
Transaction data: transaction number, purchase details,
Type of accommodation booked, quantity, amount of stay, history of contractual relationship, correspondence with the customer.
14.2 Destination of the data collected
The data collected by TERRESENS - HÔTELS ET RÉSIDENCES when the Client makes a reservation is processed for administrative and commercial use by the TERRESENS Group and its subsidiaries. This data is never transmitted to external companies, nor abroad.
This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of reservations.
The processing of information communicated through the website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
This data may be communicated to IMMOE and TERRESENS, and as such the Client may receive offers and/or commercial and/or general information for products similar to those in the present contract, relating to rental property investment in a serviced residence.
The Client may, for legitimate reasons, oppose the processing of data concerning him/her. The Client has the right to object, free of charge, to the use of his data for commercial prospecting purposes. In particular, they may at any time unsubscribe from our emails by clicking on "unsubscribe" or by sending a request to our data protection officer by email
to the following address: dpo@terresens.com.
14.3 Data retention period
The data is kept and used for a period of time in accordance with the legislation in force, and in particular with the CNIL's reference framework.
14.5 Right of access and rectification of your data
As their data is processed by computer, Customers have the right to access, rectify and withdraw their personal data in accordance with the French Data Protection Act 78-17 of 6 January 1978.
To exercise this right of access, you may contact TERRESENS - HÔTELS ET RÉSIDENCES, at the following postal address: 19 place Tolozan, 69001 LYON; or by sending your request to our data protection officer by email at the following address: dpo@terresens.com.
15. INDEPENDENCE OF CLAUSES
In the event that any of the provisions of the booking contract and these terms and conditions are found to be invalid, the remaining terms and conditions shall remain in force.
16. APPLICABLE LAW
The present general conditions are subject to French law. Any dispute arising from these terms and conditions shall be subject to the jurisdiction of the French courts.
