GENERAL CONDITIONS OF SALE
Reservation of accommodation or pitches for tourism by individuals
Details of the Provider:
- Camping Lou Broustaricq, SAS LA BRINDILLE, SIRET 513 412 171 00011 APE 5530 Z,
- 2315 route de Langeot - 40460 SANGUINET,
- 05.58.82.74.82, reception@lou-broustaricq.com, www.lou-broustaricq.com.
DEFINITIONS
ORDER or RESERVATION or RENTAL: Purchase of Services.
SERVICES: seasonal rental of accommodation or bare pitches tourism.
ACCOMMODATION: Tent, caravan, mobile leisure home and light leisure home.
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reserve, to any rental of accommodation or bare pitch on the LOU BROUSTARICQ campsite, operated by SAS LA BRINDILLE ('the Provider'), to non-professional customers ('the Customers' or 'the Customer'), on its website www.lou-broustaricq.com or by telephone, post or e-mail, or in a place where the Provider markets the Services. They do not apply to the rental of pitches intended for mobile leisure homes (mobile homes) which are covered by a leisure contract.
The main characteristics of the Services are presented on the website www.lou-broustaricq.com or on a written medium - paper or electronic - in the event of a reservation by a means other than a remote order.
The Client is obliged to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Client.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions of the Service Provider, those applicable to other marketing channels for the Services.
These General Terms and Conditions of Sale are accessible at any time on the Website and shall prevail, if necessary, over any other version or any other contractual document. The version applicable to the Customer is the one in force on the Website or communicated by the Service Provider at the date the Customer places the Order.
In the absence of proof to the contrary, the data recorded in the Service Provider's computer system shall constitute proof of all transactions entered with the Customer.
Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, the Client has the right to access, rectify and oppose, at any time, all of his/her personal data if the processing is not essential to the execution of the order and the stay as well as their consequences, by writing, by mail and proving his/her identity, to:
SAS LA BRINDILLE
2315 route de Langeot, 40460 SANGUINET
The Client declares that he/she has read these General Terms and Conditions of Sale and has accepted them either by ticking the box provided for this purpose prior to the implementation of the online Order procedure, as well as the general terms and conditions of use of the website www.lou-broustaricq.com, or, in the case of off-line reservations, by any other appropriate means.
ARTICLE 2 – BOOKING
The Customer selects on the website or provides information on any document sent by the Service Provider the services he/she wishes to order, according to the following procedures:
- Validation of the order by telephone or by internet.
- Confirmation is sent by post and by email.
- The payment will be made by phone, by mail or on the website.
It is the Client's responsibility to check the accuracy of the Order and to notify the Service Provider immediately of any errors. The Order shall only be deemed to be definitive once the Provider has sent the Client confirmation of acceptance of the Order by e-mail or post, or by signing the contract in the event of a booking directly at the premises where the Provider markets the Services.
Any Order placed on the www.lou-broustaricq.com website constitutes the formation of a contract between the Client and the Provider.
All Orders are personal and may not be transferred under any circumstances.
ARTICLE 3 - PRICES
The Services offered by the Service Provider are provided at the prices in force on the website www.lou-broustaricq.com, or on any information medium of the Service Provider, at the time the Customer places the Order. Prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account any discounts that may be granted by the Provider on the website www.lou-broustaricq.com or on any information or communication medium.
These rates are firm and non-revisable during their period of validity, as indicated on the website www.lou-broustaricq.com, in the e-mail or in the written proposal sent to the Client. After this period of validity, the offer is null and void and the Service Provider is no longer bound by the prices.
A pro forma invoice is drawn up by the Vendor and given to the Customer at the latest when the balance of the price is paid.
ARTICLE 4 - TERMS OF PAYMENT
4.1. PAYMENT IN ADVANCE
The sums paid in advance are down payments. They constitute an advance payment on the total price due by the Client.
A deposit corresponding to 25% of the total price for the provision of the Services ordered is required when the Client places the order. It must be paid on receipt of the final rental contract and attached to the copy to be returned. It will be deducted from the total amount of the order.
It will not be reimbursed by the Provider in the event of cancellation of the stay by the Client (except in the cases provided for in article 6.4 of these general conditions).
The balance of the stay must be paid in full 30 days before the date of arrival (under penalty of cancellation of this rental).
4.2. PAYMENTS
Payments made by the Client will only be considered as final once the amounts due have been collected by the Provider.
In the event of late payment and payment of the amounts due by the Client after the deadline set out above, or after the payment date shown on the proforma invoice sent to the Client, late payment penalties calculated at the rate of 15% of the amount including VAT of the price of the provision of the Services, will be automatically and automatically acquired by the Service Provider, without any formality or prior formal notice.
Late payment shall result in the immediate payment of all sums due by the Client, without prejudice to any other action that the Service Provider may take against the Client in this respect.
4.3. FAILURE TO COMPLY WITH PAYMENT TERMS
In addition, the Service Provider reserves the right, in the event of non-compliance with the payment terms 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
5.1. PROVISION AND USE OF SERVICES
The accommodation or pitch may be occupied from 4 p.m. on the day of arrival and from 2 p.m. on the day of pitch and must be vacated by 10 a.m. at the latest on the day of departure for the accommodation (appointment to be made on the day of arrival) and 12 noon for the pitches.
The balance of the stay must be paid in full
- 30 days before the date of arrival (under penalty of cancellation of this rental) for accommodation and pitches.
The accommodation and pitches are designed for a specific number of occupants and cannot be occupied by a greater number of people.
The accommodation and pitches must be returned in the same state of cleanliness as on delivery. Failing this, the tenant will have to pay a fixed sum of 68 € for the cleaning of a 2 bedroom, 78€ for a 3 bedroom or 98€ for a 4 bedroom. Any damage to the accommodation or its accessories will be repaired immediately at the tenant's expense. The inventory at the end of the rental period must be exactly the same as at the beginning.
5.2. SECURITY DEPOSIT
For accommodation rentals, a security deposit of 500 € and 65 € for the cleaning of a 2-bedroom, 78 € for a 3-bedroom or 98 € for a 4-bedroom is required from the Client on the day the keys are handed over and is returned to him on the day the rental ends, after deduction of any repair costs.
This deposit does not constitute a limit of liability.
ARTICLE 6 - DELAY, INTERRUPTION OR CANCELLATION OF THE STAY BY THE CLIENT
No reduction will be granted in the case of a late arrival, an early departure or a change in the number of persons (whether for the whole or part of the planned stay).
6.1. MODIFICATION
In the event of a change of dates or number of persons, the Provider will do its utmost to accept requests for a change of date within the limits of availability, without prejudice to any additional costs; in all cases, this is merely an obligation of means, as the Provider cannot guarantee the availability of a pitch or accommodation, or of another date; an additional charge may be requested in such cases
Any request to reduce the duration of the stay will be considered by the Provider as a partial cancellation, the consequences of which are governed by Article 6.3.
6.2. INTERRUPTION
Early departure will not give rise to any refund from the Provider.
6.3. CANCELLATION
In the event of cancellation of the Reservation by the Client after its acceptance by the Provider before the date of the reserved Rental, for any reason whatsoever, except for force majeure, the deposit paid at the time of the Reservation, as defined in Article 4 - PAYMENT CONDITIONS of these General Terms and Conditions of Sale, shall be automatically acquired by the Provider as compensation and shall not give rise to any refund.
ARTICLE 7 - CUSTOMER'S OBLIGATIONS
7.1. CIVIL LIABILITY INSURANCE
The Client accommodated on a pitch or in an accommodation must be insured for civil liability. A certificate of insurance may be requested from the Client before the start of the service.
7.2. PETS
Pets are accepted from 1st April to 15th July and from 19th August to 5th November 2023, under the responsibility of their owners. Dogs must be kept on a lead within the campsite.
They are accepted for a fee of 5€ per day and per night, payable at the time of booking or on site.
7.3. INTERNAL REGULATIONS
The rules and regulations are displayed at the entrance to the campsite and are available on request at reception. They are also sent to you when you make a reservation. The Client is required to read and respect these rules.
ARTICLE 8 - OBLIGATIONS OF THE SERVICE PROVIDER - WARRANTY
The Service Provider warrants to the Customer, in accordance with the law and without additional payment, against any lack of conformity or latent defect arising from a defect in the design or execution of the Services ordered.
In order to assert its rights, the Customer shall inform the Service Provider in writing of the existence of the defects or lack of conformity within a maximum of 24 hours of the provision of the Services.
The Service Provider shall refund or rectify or have rectified (to the extent possible) the services found to be defective as soon as possible and no later than 7 days after the defect or fault has been identified by the Service Provider. Reimbursement shall be made by crediting the Customer's bank account or by sending a bank cheque to the Customer.
The Service Provider's liability is limited to the reimbursement of the Services actually paid by the Customer. The Service Provider shall not be held responsible or liable for any delay or failure to perform due to the occurrence of a force majeure event usually recognised by French case law.
The Services provided through the Provider's website www.lou-broustaricq.com comply with the regulations in force in France.
ARTICLE 9 - RIGHT OF WITHDRAWAL
Activities related to the organisation and sale of stays or excursions on a specific date or during a specified period are not subject to the withdrawal period applicable to distance and off-premises sales, in accordance with the provisions of Article L221-28 of the Consumer Code.
ARTICLE 10 - PROTECTION OF PERSONAL DATA
The Service Provider, the writer of the present document, implements the processing of personal data whose legal basis is :
● Either the legitimate interest pursued by the Service Provider when it pursues the following purposes
- prospecting
- the management of the relationship with its customers and prospects,
- the organisation of, registration for and invitation to the Provider's events,
- the processing, execution, prospecting, production, management and follow-up of clients' requests and files,
- the drafting of documents on behalf of its clients.
● Or compliance with legal and regulatory obligations when it implements processing for the purpose of :
- the prevention of money laundering and terrorist financing and the fight against corruption,
- invoicing,
- accounting.
The Service Provider only keeps data for the time necessary for the operations for which they were collected and in compliance with the regulations in force.
In this respect, client data is kept for the duration of the contractual relationship plus 3 years for the purposes of promotion and prospecting, without prejudice to the retention obligations or limitation periods.
With regard to the prevention of money laundering and the financing of terrorism, the data is kept for 5 years after the end of the relationship with the Service Provider. As regards accounting, it is kept for 10 years from the end of the accounting period.
The data of prospective customers is kept for a period of 3 years if no participation or registration to the Provider's events has taken place.
The data processed is intended for the authorised persons of the Service Provider.
Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, individuals have the right to access, rectify, question, limit, portability and delete data concerning them.
The persons concerned by the processing operations implemented also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data whose legal basis is the legitimate interest of the Service Provider, as well as the right to object to commercial prospecting.
They also have the right to define general and specific directives defining the way in which they intend to exercise the above-mentioned rights after their death
- by e-mail to the following address: reception@lou-broustaricq.com
- or by post to the following address Camping Lou Broustaricq, SAS LA BRINDILLE, 2315 route de Langeot - 40460 SANGUINET, accompanied by a copy of a signed identity document.
The persons concerned have the right to lodge a complaint with the CNIL.
ARTICLE 11 - INTELLECTUAL PROPERTY
The content of the website www.lou-broustaricq.com is the property of the Provider and its partners and is protected by French and international laws relating to intellectual property.
Any reproduction, distribution or use of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.
In addition, the Service Provider retains all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Client) for the purpose of providing the Services to the Client. The Customer shall not reproduce or use such studies, drawings, models, prototypes, etc. without the express prior written consent of the Service Provider, which may be subject to a financial consideration.
The same applies to names, logos or, more generally, any graphic representation or text belonging to the Service Provider or used and distributed by it.
ARTICLE 12 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 13 - DISPUTES
All disputes to which the purchase and sale operations concluded in application of these general terms of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the Service Provider and the Customer shall be submitted to the competent courts under the conditions of common law.
In the event of a dispute between the professional and the consumer, they shall endeavour to find an amicable solution.
If no amicable agreement is reached, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, namely the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional.
Referral to the Consumer Ombudsman must be made :
- Either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
- or by post addressed to AME CONSO, 11 place Dauphine - 75001 PARIS
ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - ACCEPTANCE OF THE CUSTOMER
The Client acknowledges having been informed, prior to placing the Order, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information and details referred to in Articles L 111-1 to L111-7 of the French Consumer Code, in addition to the information required in application of the Order of 22 October 2008 relating to the prior information of the consumer on the characteristics of the rental accommodation in open-air hotels and in particular
- the essential characteristics of the Services, taking into account the communication medium used and the Services concerned
- the price of the Services and related costs;
- information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;
- information relating to legal and contractual guarantees and their implementation procedures; the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information on termination and other important contractual conditions.
The fact that a natural person (or legal entity) orders on the website www.lou-broustaricq.com implies full acceptance of these General Terms and Conditions of Sale, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Provider.
