I - GENERAL CONDITIONS OF SALE


1. Purpose


These general terms and conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by our establishment, the contact details of which are specified in this reservation confirmation document. They govern all the steps necessary for the reservation and follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general terms and conditions of sale and the conditions of sale of the reserved rate accessible on our reservation platform. These general terms and conditions of sale apply to all reservations concluded online, via our reservation platform.


2. Reservation


The customer chooses the services presented on our booking platform. He acknowledges having read the nature, destination and booking terms of the services available on our booking platform and having requested and obtained the necessary and/or additional information to make his booking with full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability to his needs, such that we cannot be held liable in this regard. The booking is deemed accepted by the customer at the end of the booking process.


3. Booking process


Reservations made by the customer are made via the electronic reservation form accessible online on our reservation platform. The reservation is deemed to be made upon receipt of the reservation form. The customer undertakes, prior to any reservation, to complete the information requested on the form or reservation request. The customer attests to the truthfulness and accuracy of the information provided. After the final choice of services to be reserved, the reservation procedure includes, in particular, entering the bank card in the event of a guarantee or prepayment request, consulting and accepting the general conditions of sale and the conditions of sale of the reserved rate before validating the reservation and, finally, the validation of the reservation by the customer.


4. Acknowledgment of receipt of reservation


Our booking platform acknowledges receipt of the customer's booking by sending an email without delay. In the case of online booking, the acknowledgment of receipt of the booking by email summarizes the contract offer, the services reserved, the prices, the sales conditions relating to the selected rate, accepted by the customer, the date of the booking made, information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit complaints.


5. Cancellation or modification by the customer


The customer is reminded, in accordance with article L. 121-21-8 12° of the Consumer Code, that he does not have the right of withdrawal provided for in article L. 121-21 of the Consumer Code. The terms and conditions of sale for the reserved rate specify the terms and conditions for canceling and/or modifying the reservation. Reservations with prepayment cannot be modified and/or canceled. Any amounts paid in advance, such as deposits, will not be refunded. In this case, this is mentioned in the terms and conditions of sale for the rate. When the terms and conditions of sale for the reserved rate allow it, cancellation of the reservation can be made directly with the establishment, whose telephone number is specified on the reservation confirmation sent by email. All reservations are personal and cannot under any circumstances be transferred to a third party, whether free of charge or for a fee.


6. Consumption of the service


In accordance with the regulations in force in certain countries, the customer may be asked, upon arrival, to complete a police form. To do this, the customer will be asked to present an identity document in order to check whether or not they must complete the police form. Any behavior contrary to good morals and public order will lead the establishment to ask the customer to leave the establishment without any compensation and/or without any refund if payment has already been made. For establishments with Internal Regulations, the customer accepts and agrees to comply with said regulations. In the event of non-compliance by the customer with one of the provisions of the Internal Regulations, the establishment will be obliged to ask the customer to leave the establishment without any compensation and/or without any refund if payment has already been made.


7. Liability


The photographs presented on our booking platform are not contractual. Even if every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate an overview as possible of the services offered, variations may occur between the time of booking and the day of consumption of the service. The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to a third party, due to the customer, in particular the unavailability of the internet network, impossibility of accessing the website, external intrusion, computer viruses or in the event of prepayment not authorized by the cardholder's bank. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the latter.


8. Complaints and Mediation


Complaints relating to the non-performance or poor performance of the reserved services must, under penalty of foreclosure, be brought to our attention within eight days after the date of departure from the establishment and in writing by registered mail to:
DMC - L'ERMITAGE SARL - 9 place de l'église 43100 VIEILLE-BRIOUDE.

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the professional.

DMC - L'ERMITAGE SARL has designated, by membership registered under number 17119/VM/2509, SAS Médiation Solution
as a consumer mediation entity.

To contact the mediator, the consumer must formulate his request

- Either in writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost

  • Or by email to: contact@sasmediationsolution-conso.fr

  • Either by completing the online form entitled ""Contact the mediator"" on the website https://www.sasmediationsolution-conso.fr

Whatever the means of referral used, the request must imperatively contain:

  • The applicant's postal, telephone and electronic contact details,

  • The name, address and registration number with Sas Médiation Solution of the professional concerned,

  • A brief statement of the facts

  • Copy of the prior complaint,

  • All documents enabling the processing of the request (purchase order, invoice, proof of payment, etc.)


9. Price


Prices for booking services are indicated before and at the time of booking. Prices are confirmed to the customer in the amount inclusive of VAT, in the commercial currency of the establishment, and are only valid for the duration indicated on the booking platform. If the debit at the establishment is made in a currency other than that confirmed on the booking, the exchange fees are the responsibility of the customer. All bookings, regardless of their origin, are payable in the local currency of the establishment, unless otherwise indicated on site. Unless otherwise stated on the booking platform, additional services are not included in the price.Taxes (local taxes, tourist taxes, etc.) where applicable, shown on the rates page, are to be paid directly on site to the establishment. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoice date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.


10. Payment


The customer provides their bank details as a guarantee of the reservation, except for special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club, etc., depending on the possibilities offered by the establishment's reservation platform) by indicating directly, in the area provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the numbers, as well as its expiry date (it is specified that the bank card used must be valid at the time of consumption of the service) and the visual cryptogram. They must present themselves at the establishment with the bank card used to guarantee the reservation. The payment is debited at the establishment during the stay, except in the case of special conditions or rates where the partial or total debit of the payment is made at the time of reservation. This prepayment is called a deposit. In the event of a no-show (reservation not canceled - customer not present) for a reservation guaranteed by credit card, the establishment will debit the customer, as a fixed compensation, the amount indicated in its general terms and conditions of sale. The establishment has chosen elloha.com/stripe.com to secure online payments by credit card. The validity of the customer's payment card is verified by stripe.com. The payment card may be refused for several reasons: stolen card, blocked card, limit reached, input error, etc. In the event of a problem, the customer must contact their bank on the one hand, and the establishment on the other hand to confirm their reservation and payment method. In the case of a rate subject to online prepayment, the amount paid in advance, which is the deposit, is debited at the time of booking. Some establishments can generate invoices/notes electronically; the original file is certified and available online at the internet address provided by the establishment.


11. Respect for privacy


The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the responses by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners, its service providers (and in particular online payment providers). The customer authorizes elloha.com to communicate his personal data to third parties on the condition that such communication proves compatible with the performance of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Charter for the protection of personal data. In particular, when paying online, the customer's bank details must be transmitted by the payment provider stripe.com to the establishment's bank, for the execution of the reservation contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate protection of personal data within the meaning of the Data Protection Act. However, the customer consents to this transfer, which is necessary for the execution of their reservation. Constellation SAS / Stripe.com, in their professional capacity, have undertaken to the establishment to take all security measures and respect data confidentiality for said data transfers.


12. Evidence agreement


Entering the required banking information, as well as accepting these general terms and conditions and the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records stored in the elloha.com computer systems. will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that their IP address is recorded at the time of booking.


13. Force majeure


Force majeure means any event external to the parties that is both unforeseeable and insurmountable and that prevents either the customer or the establishment from fulfilling all or part of the obligations set out in the contract. Force majeure or fortuitous events are those usually recognized by the case law of the French Courts and Tribunals. Neither party may be held liable to the other party in the event of non-performance of its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends, for the parties, the execution of their reciprocal obligations and that each party bears the cost resulting therefrom.


14. Dispute Resolution


These General Conditions of Sale are governed by the law of the country of establishment without prejudice to any mandatory protective provisions that may be applicable in the country of residence of consumers.


15. Entirety


These General Terms and Conditions of Sale, the terms and conditions of sale for the rate booked by the customer, and the reservation voucher or request express the entirety of the parties' obligations. No general or specific conditions communicated by the customer may be incorporated into these General Terms and Conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the reservation form or request (including the specific conditions of the reserved rate) and these general terms and conditions. In the event of a contradiction between the reservation form and the general terms and conditions, the provisions appearing on the reservation form will be the only ones applicable to the obligation in question. These general terms and conditions of online sales may be modified and/or supplemented at any time by the establishment. In this case, the new version of the general terms and conditions of online sales will be posted online by the establishment. As soon as it is posted online, the new version of the general terms and conditions of online sales will automatically apply to all customers.

II - PRIVACY POLICY


DMC-L'ERMITAGE SARL, mindful of the rights of individuals, particularly with regard to automated processing, and in a desire for transparency with its customers, has implemented a policy covering all of these processing operations, the purposes pursued by them, as well as the means of action available to individuals so that they can best exercise their rights. For any additional information on the protection of personal data, we invite you to consult the website https://www.cnil.fr/. Continued browsing on this site constitutes unreserved acceptance of the following provisions and conditions of use. You accept the use of cookies and other trackers. If you refuse, please click on this link. The currently online version of these conditions of use is the only one that is enforceable for the entire duration of use of the site and until a new version replaces it.


Site (hereinafter ""the site""):

https://www.ermitage-saintvincent.fr


Publisher (hereinafter ""the Publisher""):

DMC-L'ERMITAGE SARL, 9 PLACE DE L'EGLISE 43100 VIEILLE-BRIOUDE, registered with the RCS of Puy-En-Velay 981640345.
Email address: contact@dmc-ermitage.com


Host (hereinafter ""the host""):

elloha
2 bis, rue des Fabriques d'En Nabot
66000 PERPIGNAN FRANCE


Access to the site

Access to and use of the site are reserved for strictly personal use. You agree not to use this site and the information or data contained therein for commercial, political, advertising purposes or for any form of commercial solicitation, including the sending of unsolicited emails.


Site Content

All trademarks, photographs, texts, comments, illustrations, images, whether animated or not, video sequences, sounds, as well as all computer applications which could be used to operate this site and more generally all elements reproduced or used on the site are protected by the laws in force under intellectual property.

They are the full and entire property of the publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The fact that the publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.


Site management

For the proper management of the site, the publisher may at any time:

  • suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet users;
  • remove any information that may disrupt its operation or contravene national or international laws, or the rules of netiquette;
  • suspend the site in order to carry out updates.


Responsibilities

The publisher cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the site or to one of its functionalities.

The hardware you use to connect to the site is your sole responsibility. You must take all appropriate measures to protect your hardware and your own data, particularly from viral attacks via the Internet. You are also solely responsible for the sites and data you consult.

The publisher cannot be held responsible in the event of legal proceedings against you:

  • due to the use of the site or any service accessible via the Internet;
  • due to your failure to comply with these general conditions.

The publisher is not responsible for any damage caused to yourself, third parties and/or your equipment as a result of your connection to or use of the site and you waive any action against it as a result.

If the publisher were to be subject to amicable or legal proceedings as a result of your use of the site, it may turn against you to obtain compensation for all damages, sums, convictions and costs which could arise from these proceedings.


Hyperlinks

The creation by users of any hypertext links to all or part of the site is authorized by the publisher. Any link must be removed at the publisher's request.

Any information accessible via a link to other sites is not published by the publisher. The publisher has no rights to the content contained in the said link.


Data collection and protection

Your data is collected by the company DMC-L'ERMITAGE SARL.

Personal data means any information relating to an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number or to one or more specific factors specific to his physical, physiological, genetic, mental, economic, cultural or social identity.

The personal information that may be collected on the site is mainly used by the publisher to manage relations with you, and where applicable to process your orders.

The personal data collected are as follows:

  • First and last name
  • Partial IP address (last digits hidden).
  • Address
  • Email address
  • Phone number.


Right of access, rectification and dereferencing of your data

In accordance with the regulations applicable to personal data, users have the following rights:

  • The right of access: they can exercise their right of access, to know the personal data concerning them, by writing to the following email address. In this case, before implementing this right, the Platform may request proof of the user's identity in order to verify its accuracy.
  • The right to rectification: if the personal data held by the Platform is inaccurate, they can request that the information be updated.
  • The right to erasure of data: Users may request the erasure of their personal data, in accordance with applicable data protection laws.
  • The right to limit processing: users can ask the Platform to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
  • The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
  • The right to portability: they can request that the Platform provides them with the personal data they provided to transmit it to a new Platform.

You can exercise this right by contacting us at the following address: DMC - L'ERMITAGE SARL, 9 PLACE DE L'EGLISE 43100 VIEILLE-BRIOUDE.

Or by email, at the following address: contact@dmc-ermitage.com

All requests must be accompanied by a photocopy of a valid, signed identity document and must include the address at which the publisher can contact the requester. A response will be sent within one month of receipt of the request. This one-month period may be extended by two months if the complexity of the request and/or the number of requests so requires.

We also inform you, in accordance with Article L.223-2 of the Consumer Code, of your right to register on the telephone canvassing opposition list (BLOCTEL) on the government website: www.bloctel.gouv.fr

In addition, and since Law No. 2016-1321 of October 7, 2016, individuals who wish to do so have the option of organizing the fate of their data after their death. For more information on this subject, you can consult the CNIL website: https://www.cnil.fr/.

Users can also file a complaint with the CNIL on the CNIL website: https://www.cnil.fr.

We recommend that you first contact us within the Platform before filing a complaint with the CNIL, as we are at your entire disposal to resolve your problem.


Use of data

The personal data collected from users is intended to provide the services of the Villa Eugène website, improve them, and maintain a secure environment. The legal basis for processing is the execution of the contract between the user and the Platform. More specifically, the uses are as follows:

  • access and use of the Platform by the user;
  • management of the operation and optimization of the platform;
  • implementation of user support;
  • verification, identification and authentication of data transmitted by the user;
  • prevention and detection of fraud, malware (malicious software) and management of security incidents;
  • management of any disputes with users;
  • sending commercial information, based on user preferences;
  • organization of the conditions of use of the Payment Services.


Data Retention Policy

The L'ERMITAGE SAINT-VINCENT website keeps your data for the duration necessary to provide you with its services or to provide you with assistance. To the extent reasonably necessary or required to satisfy legal or regulatory obligations, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also retain some of your information as needed, even after you have closed your account or we no longer need it to provide you with services.


Sharing personal data with third parties

Personal data may be shared with third-party companies exclusively in the European Union, in the following cases:

  • when the user uses payment services, for the implementation of these services, the Platform is in contact with third-party banking and financial companies with which it has entered into contracts;
  • when the user authorizes a third party website to access his data;
  • when the Platform uses the services of service providers to provide user support and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
  • if required by law, the Platform may carry out the transmission of data to respond to claims made against the Platform and to comply with administrative and judicial procedures;


Cookies

What is a ""cookie""?

A ""Cookie""» or tracer is an electronic file placed on a terminal (computer, tablet, smartphone, etc.) and read, for example, when consulting a website, reading an email, installing or using software or a mobile application, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-traceurs-que-dit-la-loi).

By browsing this site, ""cookies"" from the company responsible for the site concerned and/or third-party companies may be placed on your device.

When first browsing this site, an explanatory banner on the use of "cookies" will appear. From then on, by continuing to browse, the customer and/or prospect will be deemed to be informed and to have accepted the use of said "cookies". The consent given will be valid for a period of thirteen (13) months. The user has the option to deactivate cookies from their browser settings.

All information collected will only be used to track the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we offer to you.

The following cookies are present on this site:

Google Cookies

Google Analytics: allows you to measure the site's audience.


Photographs and representation of products

The product photographs accompanying their description are not contractual and do not bind the publisher.


Applicable law

These conditions of use of the site are governed by French law and subject to the jurisdiction of the courts of the publisher's registered office, subject to a specific attribution of jurisdiction arising from a particular law or regulation.