Terms & Conditions
ARTICLE 1 - RESERVATION AND CONTRACTUAL RELATIONSHIP
The purpose of the present contract is to make hotel rooms available on a temporary basis, in return for payment, by Société Caraïbe De Commerce (BAMBOU HOTEL) (SOCACO), a limited liability company with capital of 480000 euros, registered with the Fort de France Trade and Companies Register under number 327388450, represented by Mrs Françoise RIVETI, and whose registered office is located at Anse Mitan, 97229 Les Trois Ilets, operating the Bambou Resort establishments, hereinafter referred to as "the Establishment", for the benefit of any individual or legal entity making a reservation, for customers hereinafter referred to as "the Customer". the Establishment to the Customer. The present contract also applies to all services and deliveries carried out within this framework, proposed by the Establishment.
A night is the unit of measurement corresponding to one room and one night.
The contractual relationship between the establishment and the customer begins with the sending of electronic confirmation of the reservation to the customer. Any modification or cancellation must be made within the framework of this contract.
If a third party acts on behalf of the Customer, the Customer and the third party are jointly and severally liable to the Establishment for all obligations due or related to the stay at the Establishment.
The customer is informed that, in accordance with article L.121-21-8 of the French Consumer Code, he/she has no right of withdrawal even if the hosting contract is concluded remotely.
The Property and the Customer are the only parties to the contract. In the event that a third party has reserved the room(s) on behalf of the Customer, the third party and the Customer shall be jointly and severally liable to the Establishment for all obligations arising from or relating to the accommodation contract.
All contractual claims against the Establishment will be time-barred after five (5) years in accordance with article 2224 of the French Civil Code (with the exception of claims relating to personal injury, for which the limitation period is ten (10) years in accordance with article 2226 of the French Civil Code).
ARTICLE 2 - TEMPORARY ACCOMMODATION AND CONDITIONS OF USE
The Customer acknowledges that he/she is entering into a contract for the reservation of temporary accommodation, for a fixed period indicated in the Special Conditions. Under no circumstances may this fixed period entitle the Customer to claim any right to remain in the premises after the period indicated in the Special Conditions.
The Customer undertakes to comply strictly with the use of the hotel rooms as temporary accommodation, and with the use and purpose of the common areas of the establishment, in accordance with the establishment's internal regulations, which are displayed and available at the establishment's reception desk. Any breach of the rules and regulations of the Establishment constitutes a breach of the present contract and may result in the exclusion of the Customer from the Establishment.
Any sub-letting, re-letting or making available of the rented rooms for purposes other than accommodation, whether for public events, advertising activities, trade fairs, sales or similar events, as well as the use of the premises of the Establishment (other than the rented rooms), are prohibited and are subject to the prior written approval of the Establishment and may give rise to additional invoicing of the Customer.
Customers may only bring in pets with the written consent of the establishment, and, where applicable, against payment of a fee at the current rate displayed in the establishment. It is strictly forbidden to leave pets in the establishment, including in rooms, without their owner or a person responsible for their care being present.
All our establishments are strictly non-smoking. Smoking in the room (including at the window) will incur a FIXED PENALTY OF €99, without prejudice to any other claim and/or demand for damages that the establishment may make.
The untimely triggering of an alarm and/or the disabling of a detector will result in the invoicing of a flat-rate penalty of 250 euros and the filing of a complaint, in accordance with article 322-14 of the French Penal Code.
The deterioration of a room will result in the invoicing of the actual cost of the repair work, as well as A FIXED-PENALTY OF 99€, without prejudice to any other claim and/or demand for damages which the Establishment may invoke.
It is strictly forbidden to take more people up to the hotel floors than those specified in the reservation.
The capacity of each room must be strictly respected.
The establishment is authorized to check the identity of any person wishing to access the floors in order to verify that they are registered in a reservation.
Any suspicion of illegal activity (pimping, drug possession or use, etc.) will be reported to the authorities.
The establishment may immediately terminate the occupancy of rooms in which interviews, sales or other illegal activities are taking place and/or which violate the provisions of the establishment's internal regulations, in particular with regard to security, police and hygiene.
ARTICLE 3 - RATES AND TAXES FOR ACCOMMODATION AND ADDITIONAL SERVICES
Rates for rooms and other services are quoted exclusively in euros (EUR) and include the value-added tax (VAT) applicable under French law. Any change in the applicable rate, or any modification or creation of new legal taxes introduced by the competent authorities, will be automatically reflected in the prices indicated on the invoice date.
The tourist tax, per day and per person (over 18), is not included in the price and must be paid directly on site.
The tourist tax is not subject to value-added tax (VAT).
Accommodation, breakfast and breaks/bar meals (excluding alcohol) are subject to 10% VAT.
Room hire, parking and alcohol are subject to 20% VAT.
ARTICLE 4 - INVOICE CONTENT
In accordance with decree no. 83-50A of October 3, 1989 concerning the advertising of prices for all services, the Etablissement is obliged to provide the customer with an invoice:
- as soon as the cost of the service reaches €25 (including value-added tax),
- or if requested by the customer (in which case the amount of the service is irrelevant).
The invoice is issued upon delivery of the service.
The invoice must include the following information: Contact details of the establishment, Date on which the invoice was drawn up, Date and place of the service, Detailed breakdown of the quantity and price of each service, Total amount to be paid exclusive of tax (HT) and inclusive of all taxes (TTC). Customer's name, unless otherwise stated.
ARTICLE 5 - BOOKING TERMS AND PAYMENT OF DEPOSIT
The establishment is open to customers on reservation.
Reservations are only valid if guaranteed by a valid credit card.
The establishment reserves the right to refuse any reservation if the credit card number is incorrect, the pre-authorization refused or the reservation incomplete.
The establishment accepts the following credit cards: Visa, Mastercard and American Express, and has a secure reservation system (SSL) that protects and encrypts all sensitive data transmitted to the reservation in order to prevent any disclosure to a third party.
The establishment informs its customers that bank checks are not accepted as a method of payment or reservation.
In cases where a deposit has been agreed or required in the Special Terms and Conditions and has not been paid, even after a reasonable additional period set by the Establishment, the Establishment is entitled to terminate the accommodation contract ipso jure.
The flexible rate is payable on arrival, and allows cancellation two (2) days before the start of the stay, no later than 12 noon (unless otherwise agreed in the Special Conditions).
The non-refundable rate is payable in full at the time of booking, and cannot be subsequently changed or cancelled.
Reservations (overnight stays) begin at 4pm on the first day of your stay and end at 12pm on the day of departure.
A luggage storage service is available to customers.
ARTICLE 6 - DESCRIPTION OF HOTEL ROOM AND COMPLEMENTARY SERVICES
The Establishment is obliged to make available to the Customer the nights and services booked by the Customer and confirmed by the Establishment.
Nevertheless, the Customer will not be provided with a specific room, subject to the category selected by the Customer, unless this has been expressly agreed in writing in the Special Conditions of the accommodation contract concluded with the Establishment.
Reserved rooms are made available to the customer from 4 p.m. on the day of arrival on the agreed date. The Customer may not claim that the rooms are made available earlier.
On the agreed departure date, the rooms must be vacated and made available to the Etablissement. Failing this, the Etablissement may demand payment for another full night's stay, without prejudice to any other rights to damages which the Etablissement may have.
If the Establishment is obliged to accommodate Customers in another establishment due to the Customer's late departure, the latter will be required to bear all costs incurred in this respect, which the Customer expressly accepts.
The Customer shall pay the price applicable to the rental services and any other ancillary services provided. This rule also applies to services and expenses paid by the Establishment to a third party at the Customer's request.
Prices are quoted inclusive of all taxes. Prices may be modified by the establishment in the event that the customer requests modifications or additional services after acceptance of the reservation by the establishment, provided that the establishment accepts this request.
ARTICLE 7 - PARKING AND SERVICES SPECIFIC TO THE ESTABLISHMENT
The parking service and bicycle and car parking spaces can be booked in advance, or directly at the hotel, subject to availability.
The use of parking spaces, including reserved bicycle spaces, is strictly limited to the duration of the customer's stay in one of the establishments.
At the Customer's request, each parking space may be made available to the Customer at the current rate displayed in the Hotel, subject to availability and for the duration of the Customer's stay.
Parking spaces located in public buildings and/or managed by external companies are the exclusive responsibility of these service providers.
The establishment has a private parking lot accessible to light vehicles (limited to a height of 1.80 m).
Electric recharging points are available to customers in reserved areas of the parking lot, subject to availability.
The hotel parking lot includes bicycle parking spaces. These parking spaces are provided free of charge to customers, subject to availability.
ARTICLE 8 - CANCELLATION AND TERMINATION CONDITIONS
Any cancellation by the Customer of the accommodation contract concluded with the Establishment is subject to the written approval of the Establishment.
Cancellation conditions vary according to the rate selected at the time of booking.
- For the non-refundable rate, the price agreed in the special conditions (representing the total price accepted for all the nights booked) must, in all cases, be paid in full and immediately by the Customer.
- For the flexible rate, cancellation is possible up to eight (8) days (noon) before the start of the stay.
If, in the Special Conditions, the Establishment and the Customer have agreed on a deadline for the cancellation of the contract at no cost, the Customer is entitled to cancel the contract up to this date without the Establishment being able to make any claim for payment or compensation.
The customer's right of cancellation expires if it has not been exercised, in writing or by e-mail, within the agreed period.
If the customer cancels the contract after it has been signed, or after expiry of the period contractually agreed in the Special Terms and Conditions during which a cancellation may be made free of charge, the Establishment may demand payment of the price agreed under the contract.
In such cases, and unless otherwise stipulated in the Special Conditions, the Customer is obliged to pay the contractually agreed price for all overnight stays and package services.
The Etablissement strongly advises customers to take out the cancellation insurance offered at the time of booking.
ARTICLE 9 - FORCE MAJEURE
The Customer is entitled to terminate the contract for just cause in the event of the occurrence of an event of force majeure for which the Customer cannot be held responsible and which renders performance of the contract impossible, in accordance with the provisions of article 1218 of the French Civil Code.
The Etablissement is also entitled to terminate the contract for just cause in the event of the occurrence of an event of force majeure for which the Etablissement cannot be held responsible and which renders performance of the contract impossible.
It is expressly agreed that cases of force majeure include the following:
- Any event giving rise to prohibitions and/or restrictions on the movement of persons, preventing the Customer from reaching the Establishment.
- Any event qualifying as a natural disaster that makes it impossible or illegal for customers to visit or stay at the establishment.
This list is not exhaustive.
By express agreement, the following are not considered to be cases of force majeure: strikes, including transport strikes, the death of a close relative of the Customer, the Customer's illness or accident, or the cancellation of an event outside the establishment for which the Customer has booked a stay at the establishment.
ARTICLE 10 - LIABILITY OF THE ESTABLISHMENT
The Establishment shall perform its obligations under the contract in accordance with customary and reasonable practice.
Claims made by the Customer in this respect are excluded, except (i) in the event of death, bodily injury or damage to the health of a third party in the event that the Establishment is responsible for a breach of its obligations, (ii) in the event of damage caused by intentional misconduct, gross negligence or an act of fraud committed by the Guest and (iii) in the event of damage caused by a breach by the Establishment constituting a breach of an essential obligation of the contract.
In the event of faults committed by the Establishment or disruptions to services offered by the Establishment for reasons exclusively attributable to the Establishment, the latter will endeavour to remedy the situation as soon as it is informed or as soon as it has received notification from the Customer concerning such disruptions.
In addition, the Customer is obliged to notify the Establishment immediately and in good time at the latest of any disruption to services, and/or the possibility of any damage occurring. Insofar as possible, the Customer is obliged to help remedy the disruption and minimize the damage.
The Establishment is liable for theft or damage to clothing, luggage and miscellaneous items brought in by the Customer up to the maximum limit stipulated in paragraph 3, article 1953 of the French Civil Code. The Customer is obliged to comply with the security instructions and internal regulations. The customer has been informed that the hotel does not have safes or individual safes in the rooms. The establishment reserves the right to refuse to accept the deposit of personal belongings which are dangerous or if, in relation to the size and operating conditions of the establishment, they are of excessive value or cumbersome in nature.
The establishment will only be liable for damage to or theft of the customer's usual personal belongings if it is proven that these belongings have been stored in locked rooms or premises of which the establishment has private use. Please note that the Establishment's liability is limited by articles 1953 and 1954 of the French Civil Code.
If a parking space or garage operated directly by the establishment is made available to the Customer, the establishment will be liable for any damage that may affect the Customer's vehicle and/or objects left in said vehicle, within the limits of article 1954 of the French Civil Code. The Establishment must be immediately notified of any damage by the Customer.
Parking spaces made available to customers by third-party companies are the sole responsibility of these service providers.
Although the Etablissement takes the utmost care to carry out the requests of Customers asking to be woken up, it cannot assume any direct or indirect liability in this respect.
All messages, mail and parcels for customers are handled with the utmost care. They are delivered, stored and, upon request and payment of a fee, sent or forwarded.
The customer is hereby informed that unless specifically instructed to do so, the presence of a customer in the establishment may be communicated to a third party upon request.
Any goods left on the premises by the customer will only be handed over on request and at the customer's risk and expense. The establishment will keep the goods in question for a period of three months. At the end of this period, they will be handed over to the local lost and found office if it is clear that they have a significant market value. The customer is responsible for the costs of storage and safekeeping. If the goods concerned do not appear to have any market value, the Establishment reserves the right to destroy them at the end of the three-month period referred to above.
ARTICLE 11 - PROCESSING OF PERSONAL DATA
Personal data concerning the customer is requested at the time of sale. This data is processed by the Establishment, which is responsible for processing it, and is used to manage the commercial relationship (booking, invoicing, complaints, customer account management, satisfaction surveys, product/service reviews, etc.). Subject to obtaining the prior and express consent of the Customer, this data may also be used by the Establishment for commercial prospecting purposes. Some of the personal data requested is mandatory. The compulsory nature of the data is indicated at the time of collection; otherwise, the sale cannot be completed. The legal basis for the processing of the customer's personal data is the execution of the sales contract and, in the case of commercial prospecting, the customer's prior consent.
The categories of data processed are: data relating to identity as a customer, data relating to means of payment and the transaction, data required for commercial offers and reservations, information enabling refusal to be canvassed to be taken into account, data relating to the follow-up of the commercial relationship.
The following may be recipients of the Customer's personal data: authorized personnel of the Establishment, departments responsible for control (statutory auditor, departments responsible for internal control procedures...) as well as authorized personnel of service providers and/or partners that the Establishment may call upon for the performance of the contract, and with whom contractual clauses compliant with the RGPD have been signed.
The customer is also informed that video surveillance is used to protect property and people within the establishment.
The location of the video surveillance system within the establishment is indicated by a sign to this effect. To exercise your right of access to the images concerning you, please contact the Data Protection Officer dpo@hotelbambou.fr. Images are kept for a period of ONE (1) month. In the event of an incident, they may be viewed by authorized personnel, and at the request of the judicial and police authorities.
Customers are informed that their telephone details are collected by the Establishment, and that they have the right to register on the "Bloctel" telephone anti-solicitation list.
The Customer's personal data may be transferred outside the EEA by the Establishment's subcontractors, who take particular care to ensure that the latter process the data in strict compliance with current regulations on the protection of personal data. If the latter, or their subcontractors, are located in a country that has not been granted an adequacy decision by the European Commission, recognizing a level of protection equivalent to that provided by the European Union, a standard contract is drawn up to comply with the model established by the European Commission.
The Etablissement retains customer data for the duration of the contractual relationship. Customer data may also be kept by the Establishment for the management of commercial activities, including those relating to commercial prospecting, for a period of 3 years from the last contact the Customer had with the Establishment. After the contract has been fulfilled, customer data may also be kept for interim archiving, to meet accounting or tax obligations, or for evidentiary purposes in the event of litigation, subject to the applicable limitation period.
In accordance with current regulations, customers may access their data or request that it be deleted. Customers also have the right to rectification, the right to limit the processing of their data, the right to portability of their data, and the right to define directives concerning the fate of their personal data after their death.
With regard to the use of customer data by the Establishment for commercial prospecting purposes, the customer has the right to withdraw consent at any time. When the Establishment contacts the Customer, the Establishment undertakes to always offer the Customer a simple means of objecting to the receipt of further solicitations. To find out more about your rights and your data, please consult the Etablissement's Privacy Policy available on its website.
To exercise his rights or for any questions about the processing of his data, the Customer may contact the Establishment's Data Protection Officer (DPO),
- electronically: dpo@hotelbambou.fr
- by post: Hôtel Bambou, Attn: DPO, Anse Mitan, Martinique FWI, 97 229 Trois-Ilets MARTINIQUE - France
All requests must specify the reason for the request and the identity of the person making the request. If, after having contacted the Establishment, the Customer considers that his/her rights with regard to Data Processing, Data Files and Individual Liberties have not been respected, the Customer may submit a complaint online, directly on the CNIL website to the CNIL or by post to : CNIL - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
Verbal agreements are only binding if confirmed in writing. All modifications or additions to the accommodation contract must be confirmed in writing. Any modifications or additions made unilaterally by the Customer will be null and void.
These General Terms and Conditions of Sale shall be governed by and construed in accordance with French law, without regard to conflict of law rules. Insofar as necessary, the Parties hereby exclude the application of the Convention of April 11, 1980 on Contracts for the International Sale of Goods (Vienna Convention).
The parties agree that the French version of these General Terms and Conditions of Services (Hosting) shall prevail over any other foreign version (in particular the English version) in the event of discrepancies between these different versions.
In the event that one or more stipulations of the present General Terms and Conditions of Sale (Hosting) are deemed or become null and void, this circumstance shall not affect the validity of the other stipulations. In the event of certain stipulations becoming null and void, these stipulations will be replaced by the legal provisions whose meaning most closely resembles the stipulations held to be unwritten.
The parties agree to sign the present deed by electronic signature and thereby express their consent to the obligations arising therefrom.
In accordance with the provisions of the French Consumer Code, the Customer has the right to free recourse to the mediation service offered by AME. AME is the proposed consumer mediator. It can be contacted: by Internet: www.mediationconso-ame.com ; or by post (by completing the form provided on the website): Médiation à la consommation AME- 197 Boulevard Saint-Germain - 75007 PARIS "
Pursuant to Articles 1366 and 1367 of the French Civil Code, the parties acknowledge that by signing electronically, they give the present document the same evidential value as a paper document.
ARTICLE 13 - APPENDICES
The Annexes to the Contract form a contractual whole.
The appendices are as follows:
- Practical information on arrival,
- Internal regulations
Any breach of the Establishment's internal regulations constitutes a breach of the present contract and may result in the Customer's exclusion from the Establishment.