General Terms and Conditions of Reservation
JLP Invest, a limited liability company with capital of 19,067,500 euros, having its registered office at 8 ter, cours du Clos de la Penthièvre in Feucherolles (78810), registered with the Versailles Trade and Companies Registry under identification number 883 393 704 and whose intra-community VAT number is FR86883393704 (the "Company").
The Company operates a guest house located at 35 rue de l'Étang, Feucherolles, 78810, comprising five bedrooms, a lounge/dining room and communal areas; a Spa area, an indoor swimming pool, a fitness area, a tennis court, a decoration shop and 8,000 m2 of grounds (the "House"), which is available to consumer or professional clients (the "Client").
These General Conditions of Reservation apply, without restriction or reservation and to the exclusion of all other conditions, to the room reservation service (the "Room(s)") within the House (the "Service").
The Client acknowledges having the capacity required to contract and reserve a Room. They declare that they have read these General Terms and Conditions of Reservation and that they have duly accepted them by ticking the box provided for this purpose before starting the online reservation procedure.
Preliminary Article - Definitions - Rules of interpretation
0.1. Definitions
Terms and expressions beginning with a capital letter when used herein have the following meaning:
- "Chamber(s)"
- has the meaning attributed to it in the preamble;
- "Client"
- shall have the meaning ascribed to it in the preamble;
- "Particular Condition(s)"
- has the meaning attributed to it in Article 9.2;
- "Contract"
- means the present general terms and conditions associated with the Summary and, where applicable, the Special Terms and Conditions;
- "Swimming pool area"
- has the meaning attributed to it in Article 3.2;
- "House"
- has the meaning attributed to it in the preamble;
- "Means of Transport(s)"
- has the meaning attributed to it in Article 9.1;
- "Party or Parties"
- means the Client and the Company;
- "Summary"
- has the meaning attributed to it in Article 4;
- "Fee"
- has the meaning attributed to it in Article 6.2;
- "Service"
- has the meaning attributed to it in the preamble;
- "Associated Service(s)"
- has the meaning attributed to it in Article 3.2
- "Company"
- has the meaning attributed to it in the preamble;
- "Third Party"
- means any natural or legal person or any other entity which is not a Party;
- "User(s)"
- has the meaning attributed to it in the preamble;
- "Vehicle"
- has the meaning attributed to it in Article 3.2 ; et
- "Car"
- has the meaning attributed to it in Article 3.2.
0.2. Rules of interpretation
The rules set out below shall apply to the interpretation of this Agreement:
- the titles of the articles and appendices are included for convenience and in no way affect the interpretation of any of the stipulations herein;
- the use of the expressions "including", "in particular", or "in particular" implies that the enumeration which follows them is not restrictive or exhaustive;
- the term "or" is not exclusive;
- the definition attributed to a singular term also applies to that term when used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;
- time limits expressed in days, months or years must be calculated in accordance with the provisions of Articles 640 to 642 of the Code of Civil Procedure;
- any reference to a Party includes a reference to its heirs, successors and assigns; and
- any reference to a document means that document as it may be amended or replaced (otherwise than in breach of the provisions hereof).
Article 1 - Eligibility for the Service
To be eligible for the Service, the Client must be:
- a natural person aged 18 or over with full legal capacity; or
- a professional within the meaning of consumer law and using the reservation service solely for the needs of his/her company (Clients to be accommodated or employees) to the exclusion of any subletting or making the Rooms available to any Third Party of his/her company.
Article 2 - Declarations and guarantees
The Client declares, both on the date on which this Agreement is entered into and throughout the term of the Agreement, that :
- that it has the capacity to enter into and perform the Contract;
- that the conclusion and performance of the Contract constitute valid and enforceable obligations against it; and
- that compliance with the terms and conditions of the Contract does not constitute for it a breach of (x) any contractual obligation or law enforceable against it, or (y) any decision of a competent authority served on or notified to it.
In the event that any of the information provided by the Client or his/her personal situation changes (placing under guardianship, personal bankruptcy, etc.), the Client undertakes to inform the Company without delay. This information must be confirmed by registered letter with acknowledgement of receipt sent by the Client to the Company.
Article 3 - Characteristics of the rooms
3.1. Principle
The main characteristics of the Rooms and Associated Services, which the Client is required to familiarise himself/herself with before making any reservation, are presented on the reservation website.
Any request for additional services not included in the reservation will be invoiced by the Company.
The photographs, videos and graphics presented, illustrating in particular the Rooms and the House, are not contractual and shall not incur the liability of the Company.
Rooms may only be booked subject to availability as indicated by the Company at the time of booking.
3.2. Associated Services
Within the House and its outbuildings, the Company offers various associated services for a fee (the "Associated Service(s)"), including, in particular, the provision of :
- a breakfast area;
- a tennis court;
- a fitness area;
- electric bicycles;
- a pool area comprising a swimming corridor, a hammam, a sauna and a SPA (the "Pool Area"); and/or
- a historic car (the "Car").
The availability of the Associated Services is not guaranteed by the Company to the Client for the entire duration of the stay. Consequently, in the event of the Associated Services being unavailable for any reason whatsoever for the duration of the holiday, the Client may not cancel the reservation and/or claim any compensation or reduction in price.
The Associated Services are strictly personal and may not be made available to any Third Party by the Client. Only the persons named in the Summary may access them during opening hours, to the exclusion of any other person. Any breach of these conditions will result in the cancellation of the reservation and the interruption of the service for the Client, without compensation or reimbursement.
Article 4 - Reservation procedure
the Client wishing to reserve a Room must complete the form submitted with accurate and up-to-date information.
The reservation will not be considered definitive until confirmation of the corresponding payment has been sent to the Client by e-mail, together with a summary of the reservation (the "Summary").
The Client must carefully keep the said Summary, as access to the Room and the Associated Services is subject to presentation of the Summary together with the Client's valid identity card. Any failure to present the aforementioned documents shall be deemed to constitute a cancellation and shall not entitle the Client to any refund.
The Company will make a copy of the said identity card.
Once the subscription is definitive and subject to the application of the provisions of article 7 below, the Client may not modify, cancel or demand any reimbursement of the price of the reservation of the Room.
Article 5 - Prices
The price of the room is shown on the booking site. Prices are in euros and include all taxes, excluding tourist tax.
Prices take into account any discounts that may be granted. They are firm and non-revisable during their period of validity as indicated on the booking site.
In view of the specific nature of the Client's request, an additional cost may be required. The Company will then agree with the Client the terms of payment for this additional cost, which will be made by any means of payment requested by the Company.
An invoice is drawn up by the Company and given to the Client at the end of the Client's stay.
Article 6 - Terms and conditions of payment
6.1. Payment of the reservation
The price is payable in cash on the booking site, by secure payment, using the following methods:
- By credit card: Debit Card, Visa, MasterCard.
- Payments made by the Client will not be considered final until the Company has received the sums due.
- Any additional services taken out on site, such as access to Associated Services or the consumption of food not included (mini-bar, etc.), must be paid for before the said services are carried out, by credit card only.
- Any under-use of the House and Associated Services shall not give rise to any claim for discount and/or reimbursement on any grounds whatsoever.
- In any event, the Company reserves the right to subsequently claim payment for any services not paid for by the Client beforehand.
6.2. Payment of the Rental Charge
If a Means of Transport is hired, the Client shall be liable to pay the rent stipulated in the Special Terms and Conditions (the "Fee"), which must be paid in accordance with the terms and conditions set out in the said conditions.
The Client must also pay a guarantee deposit of an amount stipulated in the Special Terms and Conditions. The security deposit shall be retained by the Company as security for the performance of the Client's obligations hereunder.
The guarantee deposit or any balance remaining after deduction of the costs to be paid (in respect of the Rent and additional costs not paid, costs of repairing and/or replacing the Means of Transport, etc.) will be returned to the Client 30 days after the latter has made a written request and after the Client has paid all of its obligations.
6.3. Payment incidents
Without prejudice to any damages and interest that may be due, failure by the Client to pay a sum shall automatically result in :
- the application of late payment interest equal to two (2) % of the amount, excluding tax, unpaid by the Client, without prior formal notice and with effect from the first day of delay ;
- immediate payment of all sums owed to the Company by the Client, without prejudice to any other action that the Company may be entitled to take against the Client in this respect;
- when the Client is a professional within the meaning of the French Consumer Code, immediate payment of a fixed indemnity of 40 euros for collection costs in accordance with article D. 441-5 of the French Commercial Code. Where the recovery costs incurred exceed the amount of this fixed indemnity, the Company reserves the right to claim additional compensation on presentation of the corresponding supporting documents;
- immediate suspension of performance of the Service to the detriment of the Client.
Article 7 - Right of retraction - Cancellation
7.1. Right of retraction
In accordance with the provisions of article L. 221-18 12° of the French Consumer Code, the Client, although a consumer within the meaning of the same code, has no right of withdrawal.
Consequently, all bookings are firm and definitive and may only be cancelled in the cases expressly provided for herein; failing this, the Client may not cancel any booking.
7.2. Cancellation
The Parties agree that once a Room has been reserved under the conditions set out in article 4, the Client may not cancel or modify his/her reservation.
If, by any extraordinary means, the Client wishes to cancel his/her reservation, he/she must inform the Company in writing without delay. The following conditions will then apply:
- for all bookings made at least 30 calendar days before the date of the holiday: no refund will be made if the cancellation is made less than 10 calendar days before the date of the holiday.
- In the event that the Company is still awaiting payment from the Client, the latter must pay all sums due.
- for any reservation made less than 30 calendar days before the date of the holiday: no refund will be made if the cancellation is made less than 48 hours before the date of the holiday.
In the event that the Company is still awaiting payment from the Client, the latter must pay all sums due.
Consequently, any reservation made within 48 hours of the date of the holiday will not be reimbursed in the event of cancellation.
In the event that the Client does not attend despite having made a reservation, or in the event of partial use of the services provided, including in the event of a stay cut short for any reason whatsoever, no refund may be demanded.
Any refund under these conditions will be made by crediting the bank card used for payment, within fifteen (15) calendar days of the cancellation being duly made.
Article 8 - Use of the Room and Associated Services
8.1. Destination
The House and all its accessories must be used in accordance with their intended purpose, to the exclusion of any other use (in particular filming).
Any other use is subject to the Company's prior written agreement.
The Client is required to use and enjoy the reserved Room, the House, including the Associated Services, and all furniture and equipment peacefully, in strict compliance with the applicable regulations, and with respect and courtesy.
Any behaviour by the Client or any Third Party linked to the Client that is contrary to public order and/or morality will result in the Client being permanently excluded from the House, without any warning whatsoever and without any special formalities. The Client may not then claim any compensation or reimbursement. In the event that the Company is still awaiting payment from the Client, the Client must pay all sums due before leaving the House.
The Client must strictly respect the capacity of the Room. Consequently, the number of people who may enter the Room may not exceed that stipulated by the Company and by the established safety standards in force. In any event, only the persons named in the Summary may stay in the Reserved Room(s) within the capacity limits of each of the Rooms.
Any equipment brought into the House, including any electrical equipment other than a mobile phone or laptop, must be agreed in advance in writing with the Company. The equipment brought in must not be likely (i) to cause harm to persons and/or property and/or (ii) to contravene applicable regulations.
8.2. Opening times and access
The Client must strictly adhere to the times at which the Room is made available, as indicated on the Summary, from the time of entry to the time of actual departure from the House. Unless otherwise stipulated in the Summary:
- the arrival time is between 5pm and 7pm on the day of arrival; and
- the departure time is no later than 12 noon on the day of departure.
Any delay in vacating the House may result in legal action being taken by the Company. The House, including all its belongings and accessories, must be left in a perfectly clean condition by the Client, failing which the Client will be liable for damages.
Any equipment or object left by the Client or any Third Party will be considered as abandoned. No claim may be made against the Company.
Breakfast is served between 8.20 a.m. and 10 a.m. inside or outside the House, weather conditions and the Company's organisation permitting.
Dinner may be served on reservation at least 48 hours in advance, subject to availability and for the price indicated by the Company.
The Swimming Pool area is open from 10am to 8pm. Access is forbidden to under-16s and under-18s unless accompanied by an adult.
The fitness area is open from 10am to 7.30pm.
The tennis court is open from 10am to 7pm.
The above-mentioned areas and classes are reserved solely for the Client and the persons listed in the Summary, to the exclusion of any Third Party. These areas and courts are, in addition, subject to payment in accordance with the rates in force.
In the event that the Company communicates access codes or keys (Car...) to the Client, the Client will keep them strictly confidential and will not divulge them to any Third Party. In the event that the Client becomes aware that an unauthorised person has access to the House, including any Associated Services, the Client shall inform the Company immediately.
8.3. Instructions
The Client undertakes to comply with, and to ensure that any Third Party bound to him strictly complies with, among other things, the provisions of the House's internal regulations and all the House's health and safety instructions, and in particular :
- smoking is prohibited, including in the Rooms and/or the Swimming Pool area;
- animals may not be brought in or brought in by any means;
- It is forbidden to eat any food in the Rooms and the Pool Area;
- not to expose the House's systems and Internet to any risk of piracy or attempted attack on the vulnerability of its systems. Consequently, the Client must implement all appropriate measures to prevent the aforementioned risks or any other risk likely to affect the Company and its host;
- prohibit any illegal use of the Company's systems and Internet. Illegal downloading is prohibited;
- a ban on entering the kitchens of the House;
- access to the vegetable garden and/or picking of any kind is prohibited
- It is forbidden to bring or consume alcoholic beverages other than those sold on the premises;
- Not to create a disturbance that might interfere with the enjoyment of the other occupants of the House or disturb public order. From 10 pm onwards, the sound of the televisions in the rooms must be kept to a minimum;
- You are prohibited from soiling, damaging, breaking, destroying and/or damaging in any way whatsoever the objects, furniture, goods, floors, walls and any infrastructure of the House;
- the obligation to use water and electricity sensibly;
- the obligation to use the House and its facilities with care and in accordance with their intended purpose. Consequently, no waste other than toilet paper may be disposed of in the toilets;
- the obligation to keep the House clean. The Client undertakes to allow any person appointed by the Company to clean the House to enter;
- the obligation to take a shower with soapy water and tie back long hair before entering the Swimming Pool Area;
- the obligation to wear decent swimming attire in the Pool Area and to adopt a correct attitude. For men and boys, only swimming trunks are permitted, to the exclusion of all other clothing (T-shirts, boxer shorts, Bermuda shorts and any other garment similar to shorts).
- it is forbidden to bring or apply sun creams and oils in the SPA; and
- users are not allowed to stay in the sauna and hammam for more than 20 minutes at a time, it being understood that the Company is not obliged to issue any reminders to users.
In the event of a breach of any of the aforementioned instructions and/or any other health and safety instructions prescribed by the Company, this contract will be terminated to the exclusive detriment of the Client, in addition to any damages due as compensation for any loss suffered by the Company.
8.4. Medical condition
The Client declares that his/her medical condition and physical constitution allow him/her to use the Associated Services without any risk to his/her health.
It should be noted that the use of the SPA, hammam and/or sauna may expose certain users to particular risks (pregnant women, obese people, diabetics or people with cardiovascular problems, skin lesions, etc.).
In the event that their medical situation or physical constitution does not allow them to use the Associated Services, the Client must strictly comply with all medical recommendations that may have been sent to them and take all measures in order not to harm the health of Third Parties.
The Client is informed that heat reinforces the effect of medication and alcohol, which may lead to loss of consciousness. In the event of fatigue or drowsiness, the Client is required to leave the Espace Piscine/or spa immediately and take all necessary measures.
Article 9 - Hire of means of transport
9.1. Subject
If the Parties expressly agree, the Company may hire electric bicycles or the Vehicle to the Client (the "Means of Transport(s)"). Such hire shall not confer any right of ownership over the Means of Transport made available by the Company.
The Client may not transfer all or part of the rights and obligations resulting from this agreement without the prior written consent of the Company. Consequently, the Means of Transport may not be sublet by the Client or made available to any Third Party.
9.2. Special Conditions
For any hire of Means of Transport, the Parties shall draw up special conditions including (the "Special Conditions"):
- full name;
- telephone number and e-mail address;
- home address;
- designation of the Means of Transport;
- scope of use of the Means of Transport in mainland France only; and dates of availability.
- dates of availability.
It is the Client's responsibility to choose the Means of Transport to hire according to their needs, which they have determined beforehand, and to check that it is suitable.
The Company in no way guarantees the feasibility and compatibility of the Means of Transport with the Client's project, and cannot be held liable in this respect.
9.3. Conditions required
The Client must meet the following conditions:
- be at least 18 years old; and
- have held a French category B driving licence for at least 10 years and not have had their driving licence withdrawn or suspended in the last two years.
In addition, the Client must provide the Company with the following documents:
- for the hire of the Vehicle a copy of the driving licence;
- a copy of a valid identity card or passport; and
- any original proof of address less than 3 months old.
9.4. Conditions of use
The Means of Transport and its accessories made available are in perfect condition for use and operation, in accordance with their intended use and without apparent damage. In the absence of written reservations recorded jointly by the Parties when the Means of Transport are handed over, the Client may not invoke the existence of any apparent defects on the day the Means of Transport were made available and/or the non-compliance of the Means of Transport with the stipulations of the Contract, including when the Means of Transport are returned.
The Client declares that he/she has the necessary skills to use the Means of Transport correctly.
The Client undertakes to use the Means of Transport with due care and diligence, in accordance with its intended purpose and the regulations in force, and to comply scrupulously with the Highway Code and the instructions and notices for use and safety laid down both by the regulations and by the manufacturer of the Means of Transport or the Company.
The Client is required to carry out the following checks on the Vehicle on a regular basis: oil level, coolant level and tyre pressure. Tyre pressure must also be checked on electric bicycles.
The Client shall remain vigilant to any signals emitted by the warning lights appearing on the dashboard of the Means of Transport and shall take all necessary precautionary measures, if required, such as making an emergency stop.
The Client also undertakes to take all necessary measures to protect property and persons.
The Client is obliged to protect the Means of Transport against any deterioration and not to expose it to any risk of direct or indirect damage. Consequently, the Client must systematically use the anti-theft device (for electric bicycles) provided and lock the Means of Transport when not in use, and carefully keep the keys and papers provided with the Means of Transport in a secure place. Helmets and fluorescent waistcoats are also provided.
The Client undertakes not to modify the Means of Transport or repair it without the prior written consent of the Company.
9.5. Return
The Client undertakes to return the Means of Transport to the Company in perfect condition on the day, at the place and at the time agreed in the Special Terms and Conditions.
Any delay in returning the Means of Transport shall automatically give rise, without any special formality or prior formal notice, to the application of late payment penalties. These late penalties will be due and deducted automatically from the first day of delay in accordance with the following terms and conditions: 10% of the Royalty per calendar day of delay and from the first day of delay. It is specified that these penalties do not discharge the Client and do not constitute lump-sum compensation for the loss suffered by the Company. The application of the penalties is independent of any other damage suffered by the Company as a result of the delay.
Article 10 - Liability - Insurance
10.1. Liability
The Company's role is essentially limited to providing the Room, the associated services and the Means of Transport where applicable.
From the time the Room and associated services and, where applicable, the Means of Transport are made available until they are returned, the Client, as custodian, is solely liable for any damage caused to the House, including the Room and associated services and, where applicable, the Means of Transport, to any person or property.
The Client is responsible for ensuring that the use made of the House, including the Room, the associated services and the Means of Transport, where applicable, as well as the use made by all the persons listed in the Summary, comply with the legal and regulatory provisions.
The Company gives no guarantee to the Client as to the compliance of the use of the Room and, more generally, of the House, including the Means of Transport, that the Client makes or plans to make, with the legal and regulatory provisions.
The Client is responsible to the Company for the use of the Room and, more generally, of the House, including the Means of Transport, by the persons listed in the Summary or by any related Third Party, and for their compliance with these terms and conditions. The Client declares that it is responsible for and undertakes to guarantee the Company against the consequences, in particular the financial consequences, arising from all claims, demands, disputes or actions of any nature whatsoever directed against the Company in respect of damage caused to any person attributable in whole or in part to the Client.
In any event, the Company shall not under any circumstances be liable for any indirect or unforeseeable loss or damage suffered by the Client or Third Parties, including in particular any loss of profit, inaccuracy or corruption of files or data, commercial loss, loss of turnover or profit, loss of clientele or loss of opportunity, for whatever reason and on whatever basis.
The Company may not be held liable for any delay or non-performance of the present contract justified by a case of force majeure, as defined by the case law of the French courts and tribunals.
10.2. Insurance
It is the Client's responsibility to provide insurance, in particular for his person, his own property, Third Parties, including the persons listed in the Summary, and to cover his liability in the performance of the present Terms and Conditions.
The terms and conditions of the insurance policy included in the provision of the Means of Transport are set out in the Special Terms and Conditions. The Client is required to comply with all the stipulations of the said insurance policy, both its general and special conditions. Furthermore, the Client may not claim reimbursement from the Company for any excess paid.
The Company may not be held liable for damage of any kind caused by the Client in the performance of these terms and conditions.
The Client declares that it is responsible for and undertakes to guarantee the Company against the consequences, in particular the financial consequences, arising from all claims, complaints, disputes or actions of any nature whatsoever directed against the Company in respect of damage caused to anyone attributable to the Client or to any Third Party linked in whole or in part.
Article 11 - Guarantees
Pursuant to article 15 of French Law 2004-575 of 21 June 2004, the Company is automatically liable to the Client for the proper performance of the obligations arising from these terms and conditions, whether these obligations are to be performed by the Company itself or by other service providers, without prejudice to its right of recourse against the latter.
However, the Company may be exonerated from all or part of its liability by proving that the non-performance or poor performance hereof is attributable either to the Client, or to the unforeseeable and insurmountable act of a Third Party unrelated to the provision of the services provided for herein, or to a case of force majeure.
Article 12 - Information Technology and Civil Liberties
In application of law no. 78-17 of 6 January 1978, it should be noted that the personal data requested from the Client is necessary for processing the order and, in particular, for drawing up invoices.
This data may be communicated to any of the Company's partners responsible for executing, processing, managing and paying for orders.
In accordance with the national and European regulations in force, the Client has a permanent right of access to modify, rectify and oppose any information concerning him/her.
The conditions under which the Client's personal data is processed are set out in detail in the General Terms and Conditions of Use of the Site, which can be accessed at www.val-trebbia.fr.
Clients may exercise their rights by writing to the following e-mail address:
contact.valtrebbia@gmail.com or at the following postal address:
JLP Invest
8 ter, cours du Clos de la Penthièvre
78810 Feucherolles
A reply to the Client's request will be sent within 30 days.
Article 13 - Applicable law - Language
These General Terms and Conditions of Reservation and the operations arising from them are governed by and subject to French law.
In the event that these conditions are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 14 - Disputes
In the event that a dispute relating to the validity, performance or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the courts within the jurisdiction of the French courts, to which jurisdiction is expressly assigned, even in the event of summary proceedings or multiple defendants.
The Client is hereby informed that he/she may in any event have recourse to conventional mediation or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In addition, the Client may contact the Company free of charge at the following e-mail address: contact.valtrebbia@gmail.com or by telephone (price of a local call): +33 1 30 43 53 73.
Pursuant to Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Client is advised that he/she may consult the following page for further information on the steps to be taken in the event of a dispute: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
In accordance with the legal provisions concerning the amicable settlement of disputes, the Company subscribes to the consumer ombudsman service of Médiateur-Consommation-smp, whose contact details are as follows:
24, rue Albert de mutations
33000 Bordeaux
http://www.mediateur-consommation-smp.fr.
After prior written application to the Company by the Client, a consumer within the meaning of consumer law, the aforementioned ombudsman service may be contacted for any consumer dispute which has not been settled.