Terms and Conditions of Sale

Le Clos Céleste is managed by the company owned by Mr. Bertrand CAILLARD, a sole proprietor, registered under SIRET number 89419228500019 and in the Le Havre Trade and Companies Register under number A 894 192 285, with its principal place of business located at 367 impasse Céleste, 76110 Ecrainville, France

Le Clos Céleste publishes and operates the website www.clos-celeste.com (also available in a mobile version), a site for hotel reservations and other complementary services (hereinafter the “Site”).

The purpose of these terms and conditions (hereinafter the “Terms and Conditions”) is to define the terms and conditions under which LE CLOS CÉLESTE allows its customers (hereinafter the “Customer”) to benefit from all services—including, in particular, reservations—available on this Site and described in greater detail below as the “Services.”
Prior to making any reservation for a Service on the Site, the Customer represents (i) that they are acting for personal purposes not related to any commercial, industrial, artisanal, professional, or agricultural activity and (ii) that they have full legal capacity to enter into these Terms and Conditions.

The Customer is asked to carefully read these General Terms and Conditions, acceptance of which is required prior to booking any Service offered on the Site. All Customers are advised to save and print these General Terms and Conditions using the standard features of their browser and computer.

LE CLOS CÉLESTE reserves the right to modify or supplement, at any time, all or part of these General Terms and Conditions. In such cases, the new version of the General Terms and Conditions will be available on the Website along with its effective date. Customers are advised to review the Terms and Conditions regularly to be aware of any potential changes. In any event, the Customer will be bound solely by the version of the Terms and Conditions in effect at the time the Customer makes a reservation for a Service.

The Customer is solely responsible for paying, if applicable, for all technical resources required to access the Site.

LE CLOS CÉLESTE SERVICES

LE CLOS CÉLESTE offers on its Website (i) bed-and-breakfast reservation services and/or (ii) services complementary to said services (“Complementary Services”)
The Accommodation Services and the Additional Services are hereinafter collectively referred to as the “Le Clos Céleste Services.”

ACCOMMODATION SERVICES

The Site allows users to book guesthouse rooms.

The key features, availability dates, price, available options, payment terms, and specific terms of sale applicable to the selected rate (guarantee policies, cancellation policies, check-in time, member rate terms, etc.) are presented during the booking process as described below.

Finally, in accordance with applicable regulations, the Guest may be asked, upon arrival at the Property, to fill out a police registration form. To do so, the Guest will be asked to present a form of identification to verify whether or not they are required to complete the police registration form.

ADDITIONAL SERVICES

The Website also allows for the booking of Additional Services, such as breakfast, a bottle of champagne upon the Customer’s arrival, or an upgrade of Accommodation Services.

Supplementary Services also include travel services as defined in Article 3.1 of Directive (EU) 2015/2302 of November 25, 2015, on package travel and linked travel arrangements, which, together with the Accommodation Services, may constitute either a “linked travel arrangement” or a “tourist package” according to the criteria specified in said Directive. This information is provided to the Customer prior to booking these services in the Special Terms and Conditions specific to each offer.

PARTNER SERVICES

LE CLOS CÉLESTE enters into partnership and distribution agreements with third-party websites (“ Partners”) to enable the Customer to search for, select, and book rooms distributed by LE CLOS CÉLESTE on the partner’s website (hereinafter the “Partner Services”).

The terms and conditions applicable to these Partner Services are available on the Partner’s website.

The Customer is solely responsible for their choice of Services on the Site and for ensuring they meet their needs; accordingly, LE CLOS CÉLESTE cannot be held liable in this regard.
The Customer is also solely responsible for the information provided when creating their account and/or when booking any Service. LE CLOS CÉLESTE shall not be held liable in the event of incorrect or fraudulent information provided by the Customer. Furthermore, the Customer is solely responsible for the use of their account and for any reservations made, whether in their own name or on behalf of third parties, including minors, unless they can demonstrate that the use was fraudulent and did not result from any fault or negligence on their part. In this regard, LE CLOS CÉLESTE must be immediately notified of any misuse or fraudulent use of the Customer’s email address by contacting customer service, whose contact information is provided on the website.

The Customer agrees to use the Website and the Services offered therein in compliance with applicable regulations and these General Terms and Conditions. In the event of a breach by the Customer of their obligations under these General Terms and Conditions, the Customer shall be liable for any damages caused by them to LE CLOS CÉLESTE or to third parties. Accordingly, the Customer agrees to indemnify LE CLOS CÉLESTE against all claims, actions, or remedies of any kind that may result therefrom and to compensate LE CLOS CÉLESTE for any and all damages, costs, or indemnities related thereto.

In particular, by making a final reservation for a Service, the Customer agrees to pay the price and to comply with the applicable Special Terms and Conditions. Specifically:
– Any reservation or payment that is irregular, invalid, incomplete, or fraudulent for a reason attributable to the Customer will result in the cancellation of the Service reservation at the Customer’s expense, without prejudice to any action that LE CLOS CÉLESTE may take against the Customer

– The Guest must not invite into the Establishment any person whose behavior is likely to cause harm to the Establishment.

– The Guest must not bring food or beverages from outside sources into the Establishment (rooms and common areas), unless the Establishment has clearly authorized this in advance.

– Pets are not allowed at Clos Céleste.

– Guests must not smoke in the Establishment’s common areas and may not smoke in the rooms.

– Guests must not disrupt the operation of the Establishment and must not compromise the safety of the Establishment or the people within it.
– More broadly, any behavior contrary to public decency and public order within the Establishment, as well as failure to comply with the Establishment’s Rules and Regulations, will result in the Establishment’s manager and/or any other service provider requesting that the Guest leave the premises without any compensation and/or without any refund if payment has already been made. If no payment has yet been made, the Guest must pay for the Services used before leaving the premises.
– Minors may only stay at an Establishment if accompanied by an adult and in possession of a personal identification document. The minimum age to stay at Le Clos Céleste is 16. The Establishment may request these documents.

– The Guest also agrees that the IT resources made available to them by the Establishment (including the Wi-Fi network) shall not be used in any way for the reproduction, performance, making available, or communication to the public of works orobjects protected by copyright or related rights, such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders as provided for in Books I and II of the Intellectual Property Code when such authorization is required. The Customer is also required to comply with the security policy of the Establishment’s Internet service provider, including the rules governing the use of security measures implemented to prevent the unlawful use of IT resources, and to refrain from any act that undermines the effectiveness of such measures.

The Guest is liable for all damages caused by him or her and/or his or her guests within the Establishment and shall bear all costs incurred as a result of such damages and/or failure to comply with the aforementioned rules. LE CLOS CÉLESTE reserves the right to intervene if necessary and to take any appropriate action against the Customer.

LE CLOS CÉLESTE undertakes, under an obligation of means, to provide access to the Site and the Services offered in accordance with the General Terms and Conditions, to act with diligence and competence, and to make every effort, within reasonable limits, to remedy any malfunction brought to its attention.

LE CLOS CÉLESTE may, however, be required to temporarily suspend the Website without prior notice, particularly for technical maintenance reasons, without this giving rise to any liability on its part.

The Customer acknowledges and agrees that LE CLOS CÉLESTE shall not be held liable for any inconvenience or damage related to the use of the Internet, including, but not limited to:

– the faulty transmission and/or reception of any data and/or information over the Internet;
– failure of any receiving equipment or communication lines;
– any malfunction of the Internet preventing the proper functioning of the Website and/or the booking of Services.

The Site may contain hyperlinks to other websites published and managed by third parties; LE CLOS CÉLESTE assumes no responsibility for the content of these websites or the services offered on them. In this regard, it is specified that partners are responsible for promoting the offers published on their own websites. The decision to visit third-party websites is therefore the sole responsibility of the Customer.

Neither party shall be held liable to the other party in the event of a failure to perform its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations and that each party shall bear the costs arising therefrom. Cases of force majeure are those generally recognized by the case law of the Court of Cassation. If the event of force majeure were to last more than thirty (30) days from the date of its occurrence, these General Terms and Conditions may be terminated by either party without either party being entitled to claim damages.

In the event of force majeure, an exceptional event, or the inability to provide the Service—and in particular to make the reserved room at the Establishment available to the Customer—the Establishment may reserve the right to accommodate the Customer, in whole or in part, the Guest at an establishment of equivalent category or to provide a service of a similar nature. Reasonable expenses related to the transfer (including any additional costs for the room, transportation, and a phone call) between the two establishments shall be borne by the originally selected establishment.
– For any questions regarding the proper fulfillment of a Service booked on the Site (requests for additional information, changes, or cancellation of a reservation), the Customer is invited to contact the Establishment directly: the establishment’s contact information is provided (i) in the email and on the reservation confirmation page and (ii) on the establishment’s profile page on the Site

In their interactions with customer service, the Customer agrees to remain courteous and to refrain from making derogatory remarks toward, in particular, LE CLOS CÉLESTE, the establishment, or its employees or staff, in accordance with the principles of common sense and politeness. CLOS CÉLESTE reserves the right to take any appropriate action against the Customer in the event of harmful or reprehensible behavior (including behavior that is disruptive, malicious, or insulting) toward, in particular, CLOS CÉLESTE, its partners, or its employees or associates.

When the Customer uses the Website—particularly when making a reservation—LE CLOS CÉLESTE processes personal data. The Customer is informed, on each personal data collection form, whether responses and information are required or optional, as indicated by an asterisk.
If information marked as mandatory is not provided, LE CLOS CÉLESTE may not be able to process a reservation or handle the Customer’s complaints.
Thus, the information collected in connection with the Customer’s reservation is intended for LE CLOS CÉLESTE, its partners, and its service providers (including online payment providers). Provided that the safeguards required by applicable regulations have been properly implemented, the Customer’s data may be transferred from Europe to countries that, from the European Union’s perspective, do not ensure an equivalent level of data protection.

The processing of personal data carried out via the Platform complies with the regulations governing personal data.

Regardless of the purpose or legal basis under which we process your data, you may therefore contact us at any time and at no cost by email to exercise your rights at the following address: [email protected]

To secure payment transactions, LE CLOS CÉLESTE, through its partners Amenitiz, AmenitizPay, and Stripe, specifically processes personal data to determine the level of fraud risk associated with each transaction. In this context, LE CLOS CÉLESTE may use the services provided by its risk prevention service provider to refine its analysis. Depending on the results of these analyses, LE CLOS CÉLESTE may take security measures, including asking the Customer to use a different booking channel or payment method. These measures will result in the suspension of the reservation or, if the analysis does not guarantee the security of the order, its cancellation.
The Customer may at any time exercise the rights granted to them under data protection regulations.

The entry of the required banking information, as well as the electronic acceptance of these General Terms and Conditions and the Special Terms and Conditions, constitutes an electronic contract between the parties that serves as proof between the parties of the reservation of the Service and of the payability of the amounts due in fulfillment of said reservation.
The applicable General Terms and Conditions set forth the entirety of the parties’ obligations. No other terms communicated by the Customer may be incorporated herein.

If one or more provisions of the General Terms and Conditions are deemed invalid or declared as such pursuant to a law, regulation, or a final and binding decision by a competent court, the remaining provisions shall remain in full force and effect.

The French language shall be the authoritative version. If the General Terms and Conditions are translated into a foreign language, the French text shall prevail over any other translation in the event of a dispute, litigation, difficulty in interpretation, or difficulty in the performance of these terms and conditions, and more generally with respect to the relationship between the parties.
The Customer acknowledges and agrees that LE CLOS CÉLESTE may assign these General Terms and Conditions, as well as all rights and obligations attached thereto, to any third party, without the Customer’s prior written consent. The Customer agrees that such an assignment shall release LE CLOS CÉLESTE from any future liability.

In accordance with Article L.223-1 of the Consumer Code, consumers who do not wish to receive telemarketing calls may register free of charge on a do-not-call list. This list is available at the following website: www.bloctel.gouv.fr.

The General Terms and Conditions are governed by French law, without prejudice to any mandatory protective provisions that may be applicable in the consumer’s country of residence.
LE CLOS CÉLESTE informs the Customer that, in the event of a dispute regarding these General Terms and Conditions, the Customer may resort to a contractual mediation procedure or any other alternative dispute resolution method, under the conditions set forth in Title I of Book VI of the Travel Consumer Code.

LE CLOS CÉLESTE also informs the Customer of the existence of a European Online Dispute Resolution (“ODR”) platform that the Customer may use. The Customer may access it via the following link: https://ec.europa.eu/consumers/odr/.

Version dated July 1, 2022