GENERAL TERMS AND CONDITIONS OF SALE
Reservation of accommodation or tourism pitches by private individuals
Contact details of the Provider :
- Camping les Tomasses - SIREN : 528 923 519 - EURL au capital de 15.000€ inscrit au RCS de Toulon (83),
- Chemin du Maoupas - 83210 Belgentier,
- Tel. 04 94 48 92 70 - Email: info@camping-var-tomasses.fr
- Website : www.camping-var-tomasses.fr
DEFINITIONS :
ORDER or RESERVATION or RENTAL : Purchase of Services.
SERVICES : Seasonal rental of accommodation or tourism pitch.
ACCOMMODATION : Tent, caravan, mobile leisure residence and light leisure accommodation.
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation or bare pitch on Les Tomasses campground, operated by Vincent Grenon et Emilie Grenon ('the Service Provider'), to non-professional customers ('the Customers'), on its website www.camping-var-tomasses.fr or by telephone, post or electronic mail (e-mail), or in a place where the Service Provider markets the Services. They do not apply to the rental of sites intended for the reception of leisure mobile homes (mobile homes) which are the subject of a leisure contract.
The main characteristics of the Services are presented on the www.camping-var-tomasses.fr website or in written form - paper or electronic - in the event of a reservation by a means other than remote control.
The Customer is required to read them before placing an order. The choice and purchase of a Service is 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, and in particular 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 will prevail, where applicable, over any other version or any other contractual document. The version applicable to the Client is the version in force on the website or communicated by the Service Provider on the date the Client 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 concluded with the Client.
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, if the processing is not essential to the execution of the Order and the holiday and their consequences, to object at any time to all his personal data by writing, by post and providing proof of his identity, to :
Camping les Tomasses - Chemin du Maoupas - 83210 Belgentier - France
The Customer 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 before the online Order procedure is implemented, as well as the general terms and conditions of use of the www.camping-var-tomasses.fr website, or, in the case of a booking made offline, by any other appropriate means.
ARTICLE 2 - RESERVATIONS
The Client selects on the website or provides information on any document sent by the Service Provider the services he wishes to order, according to the following terms and conditions:
Reservations for accommodation and pitches are made via our online reservation system on our website: www.camping-var-tomasses.fr. Once payment of the deposit has been made, the stay is confirmed.
It is up to the Client to check the accuracy of the Order and to immediately notify the Service Provider of any error. The Order shall only be considered final once the Service 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 reservation directly on the premises where the Service Provider markets the Services.
Any Order placed on the www.camping-var-tomasses.fr website constitutes the formation of a contract concluded remotely between the Client and the Service Provider.
All Orders are nominative and may under no circumstances be transferred.
ARTICLE 3 - TARIFFS
The Services offered by the Service Provider are provided at the rates in force on the www.camping-var-tomasses.fr website, or on any information medium of the Service Provider, when the Client places the order. Prices are expressed in Euros and include VAT.
The prices take into account any discounts that may be granted by the Service Provider on the www.camping-var-tomasses.fr website or on any information or communication media.
These prices are firm and non-revisable during their period of validity, as indicated on the www.camping-var-tomasses.fr website, in the email or in the written proposal sent to the Client. Beyond this period of validity, the offer is null and void and the Service Provider is no longer bound by the prices.
An invoice shall be drawn up by the Vendor and delivered to the Customer at the latest at the time of payment of the balance of the price.
ARTICLE 4 - TERMS OF PAYMENT
4.1. ACCOUNT
Sums paid in advance are advance payments. They constitute an advance on the total price due by the Client.
A deposit corresponding to 30% of the total price for the supply of the Services ordered is required when the Client places the order. It must be paid upon 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.
The Service Provider shall not be entitled to make any reimbursement if the Client cancels the order.
The balance of the stay must be paid in full 30 days before the date of arrival for accommodation (under penalty of cancellation of this rental) and the day of arrival of the Client for stays on pitches.
4.2. PAYMENTS
Payments made by the Client will only be considered final once the Service Provider has actually received the sums due.
Late payment will result in all sums due by the Client becoming immediately payable, without prejudice to any other action that the Service Provider may be entitled to take against the Client in this respect.
4.3. NON-COMPLIANCE WITH THE TERMS OF PAYMENT
In addition, 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 Client 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 THE SERVICES
The accommodation may be occupied from 4pm on the day of arrival and must be vacated by 10am on the day of departure.
The balance of the stay must be paid in full.
- 30 days before the date of arrival (under penalty of cancellation of this rental)
The pitch may be occupied from 2 p.m. on the day of arrival and must be vacated by 12 noon on the day of departure.
The balance of the stay must be paid in full.
- on the day of arrival.
The accommodation and pitches are intended for a specific number of occupants and may not be occupied by more than a certain number of people.
The accommodation and pitches will be returned in the same state of cleanliness as on delivery. Failing this, the tenant will have to pay a lump sum of 70 € for cleaning. Any damage to the accommodation or its accessories will be immediately repaired at the expense of the tenant. The inventory at the end of the rental period must be strictly identical to that at the beginning of the rental period.
5.2. 5.2. SECURITY DEPOSIT
For accommodation rentals, a security deposit of 250 € + 70 € is required from the Client on the day of handing over the keys and is returned to him on the day of the end of the rental period(except cleaning guarantee of 70 € subject to cleaning done), after deduction of any restoration 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 late arrival, early departure or change in the number of people (whether for all or part of the planned stay).
6.1. MODIFICATION
In the event of a change of dates or number of persons, the Service Provider will endeavour to accept as far as possible requests for a change of date within the limits of availability, without prejudice to any additional costs; this is in all cases a simple obligation of means, as the Service Provider cannot guarantee the availability of a pitch or accommodation, or another date; a price supplement may be requested in such cases.
Any request to reduce the length of the stay will be considered by the Service Provider as a partial cancellation, the consequences of which are governed by article 6.3.
6.2. INTERRUPTION
Premature departure will not give rise to any reimbursement by the Service Provider.
6.3. CANCELLATION
In the event of cancellation of the Reservation by the Client after its acceptance by the Service Provider, for any reason other than force majeure, the deposit paid with the Reservation, as defined in Article 4 - TERMS OF PAYMENT of these General Terms and Conditions of Sale, shall be automatically acquired by the Service Provider, by way of compensation, and may not give rise to any reimbursement whatsoever.
The campsite does not offer cancellation insurance, the customer can take out one
with his insurer.
6.3.1 Any request from the CLIENT for modification or cancellation of the STAY must be sent
to CAMPING LES TOMASSES by registered letter with acknowledgment of receipt. The deadlines mentioned below are from the date of
receipt of this letter, as evidenced by the postmark. The cancellation or modification of the STAY will result in the collection of at least the following fees:
• Cancellation less than 30 days before arrival OR no show: Amount of the stay due in full
(For low season periods)
• Cancellation less than 60 days before arrival OR no show: Amount of the stay due in full
(For high season periods)
6.4. CANCELLATION IN CASE OF PANDEMIC
6.4.1. In the event of total or partial closure of the establishment during the dates of the booked holiday (which is considered to be a total or partial ban on receiving the public, insofar as the Client is directly concerned by the application of this measure) decided by the public authorities, and which is not attributable to the Service Provider, the sums paid in advance by the Client for the holiday booking will be refunded within 15 days.
However, the Service Provider cannot be held liable for any additional compensation beyond this reimbursement of the sums already paid for the reservation of the holiday.
6.4.2. Notwithstanding the provisions of article 6.3 CANCELLATION, any cancellation of the holiday duly justified by the fact that the Client is affected by COVID 19 (infection) or other infection considered to be a pandemic, or is identified as a contact case, and that this situation would call into question his/her participation in the holiday on the dates planned.
- will be made without severance pay
The Service Provider shall retain any processing and management fees as provided for in the General Terms and Conditions. In all cases, the Client must imperatively provide proof of the event making him eligible for this right of cancellation.
6.4.3. Notwithstanding the provisions of article 6.3 CANCELLATION, in the event that the Client is forced to cancel the entire holiday due to government measures that do not allow the participants to travel (general or local confinement, travel ban, border closures), even though the campsite is able to fulfil its obligation and to welcome the Clients, the Service Provider will
- will give rise to the reimbursement of sums paid in advance.
6.4.4 - In the event that the Client takes out specific insurance covering the risks listed in article 6.4.2 or article 6.4.3, the insurance compensation received by the Client will be deducted from the amount of
reimbursement.
ARTICLE 7 - OBLIGATIONS OF THE CLIENT
7.1. CIVIL LIABILITY INSURANCE
The Client hosted on a pitch or in an accommodation must be compulsorily insured for civil liability. An insurance certificate may be requested from the Client before the start of the service.
7.2. ANIMALS
Pets are accepted, under the responsibility of their masters.
They are accepted subject to the packages available from the Service Provider and payable on site.
7.3. INTERNAL RULES AND REGULATIONS
A set of internal rules is posted at the entrance of the establishment and at reception. The Client is required to read and respect them. They are available on request.
ARTICLE 8 - OBLIGATIONS OF THE SERVICE PROVIDER - GUARANTEE
The Service Provider guarantees the Client, in accordance with the legal provisions and without additional payment, against any lack of conformity or latent defect resulting from a defect in the design or execution of the Services ordered.
In order to assert its rights, the Client must inform the Service Provider, in writing, of the existence of the defects or lack of conformity within a maximum period of 30 days from the provision of the Services.
The Service Provider will refund or rectify or cause to be rectified (to the extent possible) the Services found to be defective as soon as possible and at the latest within 30 days of the Service Provider's discovery of the defect or fault. Reimbursement will be made by crediting the Client's bank account or by bank cheque sent to the Client.
The Service Provider's guarantee is limited to the reimbursement of the Services actually paid for by the Client. The Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognised by French case law.
The Services provided through the Service Provider's website www.camping-var-tomasses.fr 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 given 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, who is the author of the present document, processes personal data with a legal basis:
● Or the legitimate interest pursued by the Service Provider when it pursues the following purposes:
- canvassing
- management of the relationship with its customers and prospects,
- the organisation, registration and invitation to events of the Service Provider,
- processing, execution, prospecting, production, management, follow-up of customer requests and files,
- the drafting of deeds on behalf of its clients.
● Or the respect of legal and regulatory obligations when it implements a processing operation whose purpose is :
- the prevention of money laundering and terrorist financing and the fight against corruption,
- invoicing,
- accounting.
The Service Provider keeps the data only for the time necessary for the operations for which they were collected and in compliance with the regulations in force.
In this respect, customer data is retained for the duration of the contractual relationship plus 3 years for the purposes of promotion and canvassing, without prejudice to the obligations to retain it or the limitation periods.
With regard to the prevention of money laundering and the financing of terrorism, the data is kept 5 years after the end of the relationship with the Service Provider. In terms of accounting, they are kept for 10 years after the end of the financial year.
Prospect data is kept for a period of 3 years if no participation or registration to the Service Provider's events has taken place.
The data processed is intended for the Service Provider's authorised persons.
Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, natural persons have the right to access, rectify, query, limit, transfer 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 having as a legal basis 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 manner in which they intend to exercise, after their death, the above-mentioned rights.
- by e-mail to the following address: info@camping-var-tomasses.fr
- or by post to the following address: Camping les Tomasses - Chemin du Maoupas - 83210 Belgentier with 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 www.camping-var-tomasses.fr website is the property of the Service Provider and its partners and is protected by French and international intellectual property laws.
Any reproduction, distribution, total or partial use of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.
In addition, the Service Provider remains the owner of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Client's request) for the purpose of providing the Services to the Client. The Client therefore refrains from reproducing or exploiting the said studies, designs, models, models and prototypes, etc., without the express, prior written authorisation of the Service Provider, which may make it conditional on 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 the Service Provider.
ARTICLE 12 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the operations arising therefrom are governed 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 and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, and which could not be resolved between the Service Provider and the Client, shall be submitted to the competent courts under the conditions of common law.
The Client is informed that, in the event of a dispute, he may in any event have recourse to a conventional mediation procedure or any other alternative dispute resolution method.
In particular, he may have recourse, free of charge, to the following Consumer Mediator:
Medicys - 73 Boulevard de Clichy - 75009 PARIS
www.medicys.fr
ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having been informed, prior to placing his Order, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information and details referred to in Articles L 111-1 to L 111-7 of the French Consumer Code, in addition to the information required pursuant to the Order of 22 October 2008 relating to the prior information of the consumer on the characteristics of 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 the legal and contractual guarantees and their implementation methods; the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of recourse to conventional mediation in the event of a dispute;
- information on, and modalities of, termination and other important contractual conditions.
The fact that a natural person (or legal entity) places an order on the www.camping-var-tomasses.fr website implies full and complete adherence and 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 Service Provider.
