Village La Rivière Fleurie

GENERAL TERMS AND CONDITIONS OF SALE 2023

Booking of accommodation or tourist and seasonal camping pitches for private individuals

SERVICE PROVIDER DETAILS: Camping La Rivière Fleurie, SAS LES 4 SAISONS DU TERROIR, registered with the Bergerac Trade and Companies Register (RCS) under number 948 138 235. / 180, rue Théophile Cart – 24230 SAINT ANTOINE DE BREUILH / Telephone: +33 (0)5.53.24.82.80 – info@la-riviere-fleurie.com – www.la-riviere-fleurie.com

DEFINITIONS: BOOKING: Purchase of Services / SERVICES: Rental of accommodation or bare tourist camping pitches / ACCOMMODATION: Tent, caravan, mobile leisure residence and light leisure dwelling.

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation or bare camping pitches at CAMPING LA RIVIERE FLEURIE, operated by SAS LES 4 SAISONS DU TERROIR, for non-professional customers, via its website www.la-riviere-fleurie.com or by telephone, post or email at info@la-riviere-fleurie.com, or at any location where the Service Provider markets its Services. They do not apply to the rental of pitches intended for mobile leisure residences (mobile homes), which are governed by a separate "Leisure" contract.

The main characteristics of the Services are presented on the website www.la-riviere-fleurie.com or in written form (paper or electronic) in the event of a booking made by any means other than distance selling.

The Customer is required to read them before placing any order. The choice and purchase of a Service are the sole responsibility of the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions of the Service Provider, including those applicable to other sales channels.

These General Terms and Conditions of Sale are available at any time on the website and shall prevail, where applicable, over any other version or 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 Customer places the Order.

Unless proven otherwise, the data recorded in the Service Provider's computer system shall constitute proof of all transactions concluded with the Customer.

Under the conditions defined by the French Data Protection Act and the European General Data Protection Regulation (GDPR), the Customer has, at any time, the right to access, rectify and object, provided the processing is not necessary for the execution of the booking, the stay and its consequences, to all of their personal data by writing, with proof of identity, to CAMPING LA RIVIERE FLEURIE – 180, rue Théophile CART – 24230 SAINT ANTOINE DE BREUILH.

The Customer acknowledges having read these General Terms and Conditions of Sale and having accepted them either by ticking the box provided for this purpose before completing the online Order procedure, as well as the general conditions of use of the website www.la-riviere-fleurie.com, or, in the case of a booking made outside the Internet, by any other appropriate means.

ARTICLE 2 - BOOKINGS

The Customer selects on the website or specifies on any document sent by the Service Provider the Services they wish to order, according to the following procedures:

Bookings on the website www.la-riviere-fleurie.com:

Booking of stays (pitch/accommodation) with payment of the deposit online, followed by validation of the booking option by the Service Provider pending payment of the balance of the stay no later than 30 days before arrival.

Bookings by email, post or telephone:

Sending of a quotation together with the General Terms and Conditions of Sale, cancellation insurance guarantees and a web link allowing payment of the 30% deposit. Upon receipt of the booking request accompanied by the deposit payment, the Service Provider confirms the booking option pending payment of the balance of the stay no later than 30 days before arrival.

It is the Customer's responsibility to check the accuracy of the Order and immediately notify the Service Provider of any errors. The Order shall only be considered final after the Customer has received confirmation of acceptance of the Order from the Service Provider by email or post, or after signature of the contract in the case of a booking made directly at the premises where the Service Provider markets the Services.

Any Order placed on the website www.la-riviere-fleurie.com constitutes the conclusion of a distance contract between the Customer and the Service Provider.

Any Order is personal and may not under any circumstances be transferred to another person.

Minors must be accompanied by a parent or legal guardian. Failure to comply with this condition entitles the Service Provider to cancel or terminate the Customer's stay at any time.

ARTICLE 3 - PRICES

The Services offered by the Service Provider are supplied at the prices in force on the website www.la-riviere-fleurie.com, or on any information medium provided by the Service Provider, at the time the Customer places the Order. Prices are expressed in Euros, excluding VAT and including VAT.

The prices take into account any discounts granted by the Service Provider on the website www.la-riviere-fleurie.com or on any information or communication medium.

These prices are fixed and non-revisable during their validity period, as indicated on the website www.la-riviere-fleurie.com, in the email or in the written quotation sent to the Customer. After this validity period, the offer shall lapse and the Service Provider shall no longer be bound by the prices.

They do not include processing and administration fees, which are charged in addition under the conditions indicated on the website www.la-riviere-fleurie.com or in the information (letter, email, etc.) communicated to the Customer before the Order is placed and calculated before the Order is confirmed.

The payment requested from the Customer corresponds to the total purchase amount, including these fees.

An invoice shall be issued by the Seller and provided to the Customer no later than upon the Customer's arrival.

ARTICLE 3.1 - TOURIST TAX

The tourist tax, collected on behalf of the Communauté de Communes MONTAIGNE, MONTRAVEL ET GURSON, is not included in the prices. Its amount is determined per person over 18 years of age and per day. It is payable when the balance of the stay is settled and appears separately on the invoice.

ARTICLE 4 - PAYMENT TERMS

ARTICLE 4.1 - DEPOSIT

The sums paid in advance constitute a deposit. They represent an advance payment on the total price due by the Customer.

A deposit corresponding to 30% of the total price of the Services ordered is required when the Customer places the Order. It must be paid when the booking request is submitted. It will be deducted from the total amount of the Order.

It shall not be refundable by the Service Provider in the event of cancellation by the Customer.

The balance of the stay must be paid in full 30 days before the arrival date (failing which the booking may be cancelled).

ARTICLE 4.2 - PAYMENTS

Payments made by the Customer shall only be considered final once the amounts due have been effectively received by the Service Provider.

In the event of late payment of the amounts due by the Customer beyond the deadline specified above, or after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at a rate of 5% of the total amount including VAT of the price of the Services shall automatically and by operation of law become payable to the Service Provider, without any formalities or prior notice.

Accepted methods of payment: French cheques, ANCV Holiday Vouchers (Chèques Vacances), credit/debit cards, and remote card payments.

ARTICLE 4.3 - FAILURE TO COMPLY WITH PAYMENT TERMS

Furthermore, the Service Provider reserves the right, in the event of failure to comply with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations after formal notice has remained without effect.

ARTICLE 5 - PROVISION OF SERVICES

ARTICLE 5.1 - AVAILABILITY AND USE OF THE SERVICES

Accommodation may be occupied from 4:00 p.m. on the day of arrival and must be vacated by 10:00 a.m. on the day of departure.

The camping pitch may be occupied from 2:00 p.m. on the day of arrival and must be vacated by 12:00 noon on the day of departure.

The balance of the stay must be paid in full 30 days before the arrival date (failing which the booking may be cancelled).

The accommodation is intended for a specified number of occupants and may under no circumstances be occupied by a greater number of persons (including babies and children).

The number of occupants on a camping pitch may not exceed 6 persons (including babies and children).

The accommodation must be returned in a clean condition. Failing this, the tenant shall be charged a fixed cleaning fee of €60/€90/€110 depending on the number of bathrooms. Any damage to the accommodation or its equipment shall be repaired immediately at the tenant's expense.

ARTICLE 5.2 - SECURITY DEPOSIT

For accommodation rentals, a security deposit of €300 by credit card (not debited) is required from the Customer on the day the keys are handed over and will be returned on the day the rental ends and/or no later than 7 days afterwards if an inspection could not be carried out by the campsite at the time of departure.

Any costs for repairs and/or cleaning may be deducted from the security deposit.

This security deposit does not constitute a limit of liability.

ARTICLE 6 - DELAY, INTERRUPTION OR CANCELLATION OF THE STAY BY THE CUSTOMER

No reduction shall be granted in the event of late arrival, early departure or a change in the number of persons (whether for all or part of the planned stay).

ARTICLE 6.1 - MODIFICATION

In the event of a written request (email or letter) to modify the dates or the number of persons, the Service Provider will endeavour, as far as possible and subject to availability, to accept requests for changes of date, without prejudice to any additional charges; however, this is merely an obligation of best endeavours, as the Service Provider cannot guarantee the availability of a pitch, accommodation or alternative dates; an additional charge may therefore apply.

Any request to reduce the duration of the stay shall be considered by the Service Provider as a partial cancellation, the consequences of which are governed by Article 6.3.

ARTICLE 6.2 - INTERRUPTION

An early departure shall not give rise to any refund from the Service Provider.

ARTICLE 6.3 - CANCELLATION

In the event of written cancellation (email or letter) of the Booking by the Customer:

- More than 30 days before the scheduled arrival date, for any reason other than force majeure, the deposit paid at the time of Booking, as defined in Article 4 - PAYMENT TERMS of these General Terms and Conditions of Sale, shall automatically be retained by the Service Provider as compensation and shall not be refunded.

- Less than 30 days before the scheduled arrival date, for any reason other than force majeure, the total amount of the stay shall automatically be retained by the Service Provider as compensation and shall not be refunded.

In all cases of cancellation, the processing and administration fees (Article 3) shall remain payable to the Service Provider.

ARTICLE 7 - CUSTOMER OBLIGATIONS

ARTICLE 7.1 - PUBLIC LIABILITY INSURANCE

Customers staying on a camping pitch or in accommodation must hold valid public liability insurance.

Proof of insurance may be requested before the beginning of the stay.

ARTICLE 7.2 - PETS

Pets are accepted under the responsibility of their owners, limited to one pet per accommodation unit or camping pitch, subject to an additional charge.

ARTICLE 7.3 - CAMPSITE RULES

The campsite rules are displayed at the entrance to the establishment and at reception, and may also be downloaded from www.la-riviere-fleurie.com. The Customer is required to read and comply with these rules. A copy is available on request.

ARTICLE 8 - SERVICE PROVIDER'S OBLIGATIONS - GUARANTEE

The Service Provider guarantees the Customer, in accordance with the applicable legal provisions, against any failure in the performance of the Services ordered.

To allow such defects to be recorded, the Customer must notify the Service Provider of any defects within a maximum period of 24 hours from the date of arrival.

The Service Provider shall correct, or arrange to have corrected (where possible), any Services found to be defective as soon as possible.

The Service Provider's guarantee is limited to reimbursement of the Services actually paid for by the Customer. The Service Provider shall not be held liable for any delay or failure to perform resulting from an event of force majeure as recognised by French case law.

The Services provided through the website www.la-riviere-fleurie.com comply with the regulations in force in France.

ARTICLE 9 - RIGHT OF WITHDRAWAL

Activities relating to the organisation and sale of stays or excursions on a specific date or during a specified period are not subject to the right of withdrawal applicable to distance selling and off-premises contracts, in accordance with Article L221-28 of the French Consumer Code.

ARTICLE 10 - PROTECTION OF PERSONAL DATA

The Service Provider, author of these General Terms and Conditions, processes personal data on the following legal bases:

Either the legitimate interest pursued by the Service Provider when processing data for the following purposes:

- marketing and business development;
- management of relationships with customers and prospective customers;
- organisation, registration and invitation to events organised by the Service Provider;
- processing, performance, marketing, production, management and follow-up of customer requests and files;
- preparation of documents on behalf of its customers.

Or compliance with legal and regulatory obligations when processing data for the following purposes:

- prevention of money laundering and terrorist financing and the fight against corruption;
- invoicing;
- accounting.

The Service Provider retains personal data only for the period necessary for the purposes for which it was collected and in accordance with the applicable regulations.

In this respect, customer data is retained for the duration of the contractual relationship plus three (3) years for customer relationship management and marketing purposes, without prejudice to legal retention obligations or limitation periods.

For the purposes of preventing money laundering and terrorist financing, data is retained for five (5) years after the end of the relationship with the Service Provider.

For accounting purposes, data is retained for ten (10) years from the end of the relevant financial year.

Data relating to prospective customers is retained for three (3) years where no participation in or registration for events organised by the Service Provider has taken place.

The processed data is intended solely for persons authorised by the Service Provider.

Under the conditions defined by the French Data Protection Act and the European General Data Protection Regulation (GDPR), individuals have the right to access, rectify, enquire about, restrict, transfer and erase their personal data.

Data subjects also have the right, at any time and for reasons relating to their particular situation, to object to the processing of personal data based on the legitimate interest of the Service Provider, as well as the right to object to direct marketing.

They also have the right to define general and specific instructions regarding the manner in which they wish the above rights to be exercised after their death.

By email to the following address: info@la-riviere-fleurie.com

Accompanied by a copy of a signed identity document.

Or by post to the following address:

CAMPING LA RIVIERE FLEURIE
180, rue Théophile CART
24230 SAINT ANTOINE DE BREUILH

Accompanied by a copy of a signed identity document.

Data subjects also have the right to lodge a complaint with the French Data Protection Authority (CNIL).

ARTICLE 11 - INTELLECTUAL PROPERTY

The content of the website www.la-riviere-fleurie.com is the property of the Service Provider and its partners and is protected by French and international intellectual property laws.

Any reproduction, distribution or use, in whole or in part, of this content is strictly prohibited and may constitute an infringement of intellectual property rights.

Furthermore, the Service Provider remains the owner of all intellectual property rights relating to photographs, presentations, studies, drawings, models, prototypes, etc., produced (including at the Customer's request) for the purpose of providing the Services.

The Customer therefore undertakes not to reproduce or exploit such studies, drawings, models, prototypes, etc., without the prior express written authorisation of the Service Provider, which may make such authorisation subject to financial compensation.

The same applies to names, logos and, more generally, any graphic representation or text belonging to, or used and distributed by, the Service Provider.

ARTICLE 12 - IMAGE RIGHTS

By accepting these General Terms and Conditions of Sale, the Customer expressly authorises, free of charge, CAMPING LA RIVIERE FLEURIE to photograph or film them during their stay and to use such photographs, videos or sound recordings on any medium for a period of five (5) years.

This authorisation also applies to all persons staying with the Customer.

Its purpose is to promote CAMPING LA RIVIERE FLEURIE nationally and internationally through its website, brochures, Facebook, LinkedIn, Instagram, commercial presentations and tourist guides.

ARTICLE 13 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions of Sale and all transactions arising from them shall be governed by and construed in accordance with French law.

These General Terms and Conditions of Sale are drafted in the French language. Should they be translated into one or more foreign languages, only the French version shall prevail in the event of a dispute.

ARTICLE 14 - DISPUTES

Any disputes arising from the purchase and sale transactions concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences or subsequent effects, which cannot be settled amicably between the Service Provider and the Customer, shall be submitted to the competent courts under the ordinary rules of law.

The Customer is informed that, in the event of a dispute, they may in any case resort to a conventional mediation procedure or any other alternative dispute resolution method.

In particular, they may use the following Consumer Mediator free of charge:

BAYONNE MEDIATION

32, rue du Hameau

64200 BIARRITZ

+33 (0)6.79.59.83.38

www.bayonne-mediation.com

ARTICLE 15 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE

The Customer acknowledges that, prior to placing their Order, they were provided, in a clear and comprehensible manner, with these General Terms and Conditions of Sale and all the information referred to in Articles L111-1 to L111-7 of the French Consumer Code, together with the information required under the Decree of 22 October 2008 relating to the prior information to be provided to consumers regarding the characteristics of rental accommodation in open-air hotels, and in particular:

- the essential characteristics of the Services, taking into account the means of communication used and the Services concerned;
- the price of the Services and any additional charges;
- information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its business activities where these are not apparent from the context;
- information relating to legal and contractual guarantees and the procedures for exercising them; the functionality of digital content and, where applicable, its interoperability;
- the possibility of using conventional mediation in the event of a dispute;
- information relating to cancellation procedures and other important contractual conditions.
- the fact that any natural or legal person places an order on the website www.la-riviere-fleurie.com constitutes full and unconditional acceptance of these General Terms and Conditions of Sale, which - the Customer expressly acknowledges, thereby waiving the right to rely on any contradictory document that would be unenforceable against the Service Provider.