PREAMBLE
LOU CALEN RETREAT, a simplified joint-stock company registered with the Draguignan Trade and Companies Register under number 810 877 068 (hereinafter referred to as “LOU CALEN RETREAT” or the “Hotel“), operates as a hotel and accommodation company.
The Customer, as defined in these General Terms and Conditions of Sale (the “GTC”), refers to a natural person of legal age, with full legal capacity to enter into this contractual relationship, and acting for their own needs as a consumer, and therefore excluding any commercial, craft, professional, or agricultural activity.
These Terms and Conditions apply to all reservations and/or purchases made by a Guest on the Hotel’s website, accessible at www.loucalen.com (the “Site”), by telephone (+33498141529) or email (bonjour@loucalen.com), or directly on-site at the Hotel LOU CALEN RETREAT located at 1 cours Gambetta – 83570 Cotignac, France.
The Hotel LOU CALEN RETREAT and the Guest are hereinafter collectively referred to as the “Parties” and individually as a “Party”.
The Site is published by OVH, a simplified joint-stock company (société par actions simplifiée), registered with the Lille Métropole Trade and Companies Register under number 424 761 419 and whose registered office is located at 2 rue Kellermann – 59100 Roubaix.
ARTICLE 1. SCOPE OF APPLICATION
These General Terms and Conditions govern the contractual relationship between the Customer and LOU CALEN RETREAT, with whom the Customer makes a reservation and/or purchases the Service(s) referred to in Article 2 below. The General Terms and Conditions are made available to the Customer on the Website, where they can be consulted directly at any time. The General Terms and Conditions are also communicated by LOU CALEN RETREAT to the Customer at the time of their reservation or purchase.
The General Terms and Conditions express the entire rights and obligations of the Parties. No general or specific conditions communicated by the Customer may be incorporated into the contractual relationship without the express prior consent of the Hotel.
Prior to any reservation, the Guest is duly informed of the Terms and Conditions and declares (i) that they are acting for personal purposes that are not part of their commercial, industrial, craft, professional, or agricultural activity and (ii) that they have full legal capacity to enter into these Terms and Conditions. Any reservation implies the Guest’s full and unreserved acceptance of these Terms and Conditions.
As a consumer, the Guest has specific rights, which would be affected if the reserved Services are for purposes that fall within the scope of their commercial, industrial, craft, professional, or agricultural activity.
The fact that a Guest makes a reservation or purchase with the Hotel implies the Guest’s full acceptance of the rights and obligations described in these Terms and Conditions, both on their own behalf and on behalf of the beneficiaries for whom they are making a reservation, if applicable.
LOU CALEN RETREAT may modify and update these Terms and Conditions at any time without prior notice. It is understood, however, that the Terms and Conditions applicable to the reservation made will be those in effect on the reservation date.
ARTICLE 2. SERVICES
The main service offered by the Hotel is hotel accommodation (hereinafter the “Accommodation Services”). The Hotel also offers additional services, such as catering, fitness classes, massages, bicycle rentals, treatments, and various activities (hereinafter the “Ancillary Services”).
The Accommodation Services and Ancillary Services are collectively referred to in these Terms and Conditions as the “Services”.
Specific offers, and/or vouchers and/or gift cards and/or certificates (hereinafter the “Gift Boxes”) may combine the provision of several Services at specific rates and conditions. The Services may be subject to change without notice, and the Guest is recommended to regularly review their availability and features on the Website, particularly before making a reservation.
The essential features of the Services are described in detail on the Website within pages dedicated to each of them.
The essential features of the Services may also be communicated by the Hotel’s teams directly on-site, where various displays are displayed; the Hotel’s teams are also available for any information.
The Services are provided in compliance with the standards and regulations in force in the relevant sector.
The photographs published on the Website are for informational purposes only. Although every effort is made to ensure that the photographs used to present the Hotel and/or the Services offered reflect reality as accurately as possible, variations may occur, particularly due to changes in furniture or possible renovations.
If in doubt, or to obtain additional information about the Services, you may contact the Hotel at any time by telephone or email. In any event, the Hotel shall not be held liable for any non-substantial errors that may occur in this regard.
ARTICLE 3. RESERVATION OF LOU CALEN SERVICES
Before booking any Service(s), LOU CALEN RETREAT invites the Guest to carefully read the General Terms and Conditions of Sale as well as the cancellation policy, which is available on each booking page of the Website
3.1. Reservation and/or Purchase Process
3.1.1 Reservation and/or Purchase of Services. The reservation and/or purchase of Services may be made directly via the Website, by telephone, by email, or on-site at the Hotel.
The Guest is solely responsible for their choice of Services and their suitability for their needs, and the Hotel cannot be held liable in this regard.
3.1.2 Booking Accommodation Services. When booking Accommodation Services, the Guest is informed—at the time of booking—of the maximum occupancy capacity of the reserved room and/or suite and may not exceed this capacity under any circumstances. If applicable, the Guest must reserve an additional room.
When booking Accommodation Services, the Guest must provide their banking information as a reservation guarantee under the conditions set out in Article 5 below.
If the Guest would like a child’s bed added to their room and/or suite, it is the Guest’s responsibility to verify the availability by contacting the Hotel by telephone or email. Any additional costs resulting from this will then be communicated to the Guest, with the understanding that the provision of a baby crib for children up to and including 2 years of age is free. However, the provision of an additional bed for minors over 2 years of age is charged €50 per night.
It is expressly agreed between the Parties that any reservation for a Service is personal and may under no circumstances be transferred, in whole or in part, to a third party, whether free of charge, for a fee, or for commercial purposes.
3.1.3 Reservation of Additional Services. Regarding the reservation of Additional Services, the Guest may be required to provide their banking information as a reservation guarantee. A pre-authorization may then be issued by the Hotel for the price of the Additional Service. In this case, the Guest’s bank card will not be debited when booking on the Website, and the Guest will pay for the Additional Service directly at the Hotel upon arrival.
If the Guest fails to attend the reserved Accessory Service offer, the Hotel will be entitled to invoice the Accessory Service, the price of which will then be deducted from the pre-authorization thus completed.
In any event, the Accessory Service reservation cannot be considered definitively validated until the Hotel’s confirmation email has been sent, the validity of the Guest’s bank card has been verified, and the pre-authorization has been completed.
3.1.4 Gift Box Reservations. Regarding the reservation of Gift Boxes offered by the LOU CALEN RETREAT hotel, the terms and conditions of use for these Gift Boxes appear on the dedicated page of the Website (https://loucalen.secretbox.fr) and are also available within the Hotel.
The Guest is invited, where applicable, to refer to the general terms and conditions of sale governing Gift Boxes.
3.2. Confirmation of Reservation and/or Purchase
A reservation for a Service is only firm and final upon receipt of the confirmation sent to the Customer by LOU CALEN RETREAT by email to the address initially provided by the Customer. For the provision of Accommodation Services, the Customer must provide their bank details for the purposes of (i) a valid guarantee as defined below and/or (ii) payment and/or prepayment (by deposit) of the reservation by the Customer under the conditions set out in Article 5 below.
An invoice will be sent to the Customer in electronic format (upon the Customer’s express request) to the email address provided by the Customer, after their stay.
If the Customer wishes to receive a paper invoice, they must expressly request one from LOU CALEN RETREAT upon departure from the hotel.
3.3. Reservations at Le Jardin Secret, Le Bistrot de Lou Calen, La Tuf, and O’Fadoli
For the restaurant Le Jardin Secret, Le Bistrot de Lou Calen, La Tuf brasserie, and O’Fadoli bar, the Customer is invited to consult the reservation services for these establishments available on the Website. Reservations at these establishments are subject to change without notice.
Establishments are subject to their own terms of use, which the Guest should review before making a reservation.
3.4. Guarantee / Bank Imprint
As a guarantee for the reservation, a deposit of 50% of the total amount excluding any Additional Services and other extras will be debited by the Hotel upon reservation; the balance must be paid upon the Guest’s departure from the Hotel.
The Hotel will also request a credit card imprint from the Guest upon arrival at the hotel as a guarantee. A pre-authorization may then be issued for the full value of the reserved Services.
3.5 Right of Withdrawal
No Right of Withdrawal for Services: Please note that, in accordance with Article L. 221-28 12° of the French Consumer Code, the Customer does not have a right of withdrawal as provided for in Article L. 221-18 of the French Consumer Code for Accommodation Services.
No Right of Withdrawal for Services: Please note that, in accordance with Article L. 221-28 12° of the French Consumer Code, the Customer does not have a right of withdrawal as provided for in Article L. 221-18 of the French Consumer Code for Accommodation Services.
The Customer may therefore, for these Services, only cancel or modify their reservation under the conditions set out in these General Terms and Conditions.
For Gift Boxes and Ancillary Services reserved remotely on the Website, the Customer is, by exception, entitled to a right of withdrawal, in accordance with Article L. 221-28 of the French Consumer Code. When the right of withdrawal is granted, the Guest has 14 calendar days from receipt of the confirmation email for the Gift Box or Accessory Service in question to cancel. A full refund of the amount paid will be issued no later than 14 days from the date the right of withdrawal was exercised.
To exercise this right of withdrawal, the Guest must notify the Hotel in writing by email of their decision to cancel. Any method of declaring withdrawal is accepted, provided that the notification is unambiguous and clearly expresses a desire to cancel.
3.6. Cancellation of Accommodation Services.
3.6.1 Cancellation of Accommodation Services. Regarding the Cancellation of Accommodation Services, the Customer must—before making their reservation—read the cancellation policy for Accommodation Services listed on the dedicated page of the Website for the room and/or suite and/or offer they wish to book, after having entered the desired reservation dates. The LOU CALEN RETREAT team is available by telephone to provide any additional information.
Unless otherwise indicated on the Website at the time of booking, reserved Accommodation Services may be cancelled free of charge by the Customer up to ten calendar days before the start date of the reservation at the Hotel.
Between ten and five calendar days before the start date of the reservation at the Hotel, any cancellation will result in a 50% payment of the reservation.
If a cancellation is requested less than five calendar days before the reservation, or if the Guest does not show up at the Hotel on the day of the reservation, the reservation will be billed in full. The Hotel may retain any deposit paid by the Guest, or – if the Hotel has previously paid the full price of the reservation – retain said price.
In the event of cancellation of the reservation by LOU CALEN RETREAT, and except in cases of force majeure, the Guest will receive compensation equal to double the deposit paid, in accordance with the provisions of Article L.214-1 of the French Consumer Code.
3.6.2 Cancellation of Ancillary Services. With regard to the cancellation of Ancillary Services, except in cases of Force Majeure, the Guest agrees to cancel them at least 48 hours before the scheduled time. After this period, the full price of the Service in question will be invoiced to the Guest, and the corresponding amount may be debited from their bank account using any pre-authorization that may have been completed. In the absence of a pre-authorization, the Guest agrees to make the corresponding payment.
3.6.3 Modification of the reservation. Guests who booked directly with the hotel (without an intermediary) may modify their reservation for a Service by contacting the Hotel by email or telephone, provided that the cancellation policy allows it and that the modifications can be validly implemented due to the availability of the requested modified Service. Guests who booked through an intermediary must then submit their modification request through the same intermediary; the Hotel will not be able to process their request directly.
3.6.4 Interruption of the stay. For any reason whatsoever, except in cases of force majeure, the latter will be required to pay LOU CALEN RETREAT the full price set out in the confirmation email, as well as the price of any Additional Services ordered during their stay at the Hotel. No refunds of any kind will be granted.
In the event of prepayment, the amount will be retained in full by the Hotel, with the Guest remaining liable for any Additional Services ordered. In the event of a deposit being paid, the deposit will be retained by the Hotel, with the Guest immediately liable for the difference due. LOU CALEN RETREAT will deduct the amount due from the sums held as a guarantee in the event of pre-authorization. In the event of pre-authorization without payment of a deposit, the reserved Services may be invoiced to the Guest and debited from their bank account.
ARTICLE 4. PRICING
4.1 Price of Accommodation Services. The price of Accommodation Services is per room, for the number of people indicated, for the selected dates and, where applicable, for the Additional Services selected by the Guest.
The price of accommodation includes free access for Guests to the three swimming pools, the tennis court, the estate gardens, the parking lots, and the common areas, but not to Additional Services, which must be booked separately.
Room and/or suite prices may also sometimes include other services, which will be specifically listed on the page dedicated to the room and/or suite. Prices are also displayed and available for review at the Hotel reception.
4.2 Price of Additional Services. The price of Additional Services is for the service selected by the Guest, on the date and time selected. It appears on the reservation page and will be reiterated in the confirmation email, if applicable. Prices are also displayed and can be viewed on the Hotel’s website.
4.3 Gift Box Prices. The prices of Gift Boxes offered for sale, including several Services, where applicable, are displayed on the dedicated page on the Hotel’s website.
4.4 Prices are displayed in euros and include all taxes (TTC), except for the tourist tax, which will be payable directly at the Hotel. Prices include the VAT applicable on the day of reservation. Any change in the applicable VAT rate will be automatically reflected in the prices indicated on the invoice date.
Similarly, any changes or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the invoice date.
The Hotel may modify the prices indicated on the Website at any time and without prior notice. However, the modified prices will only apply to reservations made after the new prices come into effect.
ARTICLE 5. PAYMENT TERMS
5.1 General.The Guest declares themselves personally liable for payment in the event that the person, company, or association (indicated at the time of booking and representing themselves as guarantor of payment of the Services) fails to pay part or all of the Services on behalf of the Guest.
Payment for Service reservations is made by credit card on the Website or via the secure link provided by the Hotel to the email address provided by the Guest, by bank transfer, or by credit card on site at the Hotel.
The following credit cards and debit cards are accepted: Visa®, MasterCard®, and American Express®.
LOU CALEN RETREAT may accept various payment methods, but the Guest must present to the Hotel the same bank card used to guarantee the reservation or make the prepayment. The Hotel may also ask the Guest to provide proof of identity to prevent credit card fraud. Payment for Services may be made by cash payment (exclusively in the case of payment on site at the Hotel, and within the payment limits set by French law).
The Guest provides their banking information via the secure link provided by the Hotel to the email address provided by the Guest to (i) guarantee their reservation of Services, or (ii) prepay all or part of the Services before their stay, or (iii) finalize the check-out procedure. These payment conditions are reiterated in the confirmation email.
5.2 Guarantee of Reservation of Services. The Customer pays for all Services when booking on the Site or by email to the Hotel teams, via the secure link provided by the Hotel to the email address provided by the Customer. The Customer’s bank card is only debited 50% of the amount due for Accommodation Services, with the balance payable upon arrival, directly to the Hotel, as detailed in 9.4 below.
5.3 Bank Imprint. In the case of an Accommodation Service reservation, the Hotel may request a credit card imprint on the day of the Guest’s arrival (check-in) as a guarantee for the total amount of Services consumed during the stay and to cover any damage caused by the Guest.
5.4 Prepayment for Services. Payment is made in part upon reservation. This prepayment will be considered a deposit (not subject to VAT). The Guest will be asked to pay the balance of their reservation on site directly to the Hotel. The Hotel reserves the right to cancel the reservation without notice, if the required deposit amounts and/or the payment of the balance of the reservation are not paid within the specified timeframe. In the event that, for whatever reason, the debit of the amounts due by the Customer proves impossible, the reservation will be immediately canceled. The Customer will be informed by email to the address provided by the Customer when booking. When the Customer has not fully prepaid the total amount of the stay by the time of departure (check-out), the balance of the total amount of the stay including taxes will be debited and/or invoiced upon the Customer’s departure. In all cases, upon the customer’s departure (check-out), the Additional Services consumed by the Customer during the stay will also be invoiced. It is hereby specified that for stays of more than one week, the Services are invoiced every seven (7) days at the latest. These amounts are subject to VAT. In the case of a reservation with a non-cancellable and non-refundable promotional rate, the Guest must make full payment for the stay at the time of booking. Once this payment is received, the reservation will be firmly confirmed and cannot be cancelled, refunded, or modified (except in cases of force majeure).
5.5 Debits at check-out or post-check-out. To the extent that certain amounts have not been paid in full on the day of departure (check-out), the Hotel has the right to invoice and debit these amounts within ten (10) days of check-out, using the imprint made at the time of booking or the one made at check-in. This may include, for example, unpaid Services consumed, in-room minibar consumption, damage, breakages, theft, non-payment, shipment of a forgotten item, guest laundry services, loss of room keys or safe, etc.
ARTICLE 6. CONDITIONS OF STAY
6.1 Guest Information Sheet. In accordance with Article R. 611-42 of the French Code on the Entry and Residence of Foreigners and the Right to Asylum, the Guest authorizes the Hotel to pre-fill the individual police form called the “Guest Information Sheet” with the information obtained during the reservation. The Guest will verify the accuracy of the pre-filled information and will sign the said form upon arrival (check-in). The Guest also has the option to complete this information before arrival, via the pre-stay email sent by the Hotel to the email address provided by the Guest.
6.2 Pets. The Hotel allows, in certain rooms designated for this purpose, the arrival of a single pet weighing less than six kilograms, upon prior request to the Hotel and upon payment by the Guest of an additional amount of €30 per night. The Guest agrees to keep their pet on a leash in common areas and in restaurants and bars. For hygiene reasons, pets are not allowed in the pool areas. The Guest is responsible for any damage caused by their pet, including to the Hotel staff and equipment, as well as to other guests and, more generally, to any third party. The Guest is informed that staff will not clean the rooms in the presence of pets. It is also prohibited to leave a pet alone in the room or unattended. Any dog weighing more than six kilograms is not permitted in the rooms. Rules relating to the tranquillity and safety of Guests are subject to the discretion of LOU CALEN RETREAT.
6.3 Children. Children must be supervised by their parents or, failing that, by an adult responsible for them and designated by the holders of parental authority. The Guest also agrees to ensure that children under their responsibility maintain a peaceful environment within the establishment at all times. In any case, a child may only sleep alone in a room and/or suite if they are 14 years of age or older.
Access to the children’s pool is permitted to children between the ages of 2 and 16 every day during opening hours. Opening hours are defined by the Hotel and posted around the pool. The accompaniment of a parent or a responsible adult designated by the holder of parental authority is mandatory, and the latter will ensure effective supervision of children both in the changing rooms and around the pool and in the pool. Body treatments and massages are provided only to guests over 16 years of age.
6.4 Swimming Pools. The conditions of access to the swimming pools, including their internal regulations, are posted within the Hotel. The presence of a parent or responsible adult is mandatory to supervise children while swimming.
6.5 No Smoking. In accordance with French regulations, smoking is strictly prohibited within the Hotel, which is an entirely non-smoking establishment. Guests are permitted to smoke only in designated areas or on the terraces. Any Guest violating the smoking ban is subject to penalties, including special cleaning fees and fines in accordance with local regulations. Therefore, if a persistent smoke odor is detected in the room after the Guest’s departure, an additional night (last night’s rate) will automatically be charged upon check-out to cover the cleaning costs and to compensate for the Hotel’s inability to accommodate a new guest in the room.
6.6 Damages and Losses. During their stay, the Guest is responsible for the room provided and its furnishings. The Guest agrees to use their room appropriately and to return it in a condition consistent with its condition upon arrival. Generally speaking, the Guest assumes responsibility for the consequences resulting from their negligence, faults, errors, and more generally for any damage, direct or indirect, material or immaterial, caused to third parties or to the LOU CALEN RETREAT hotel and its staff, the occurrence of which is related to said negligence, faults, and errors. In the event of damage or deterioration not reported before the Guest’s departure (check-out), the Hotel reserves the right to deduct the amount necessary for the repair work as well as any additional costs related to the immobilization of the room during this period. The Hotel will provide the Guest with an invoice for said costs. The Guest undertakes not to cause harm to LOU CALEN RETREAT, not to disrupt its operations, or to compromise the safety of the Hotel or that of the persons staying there. LOU CALEN RETREAT reserves the right to intervene if necessary.
6.7 Wi-Fi Network. Guests may access the Hotel’s Wi-Fi free of charge. The Guest undertakes that the IT resources made available by the Hotel will not be used in any way for the reproduction, representation, provision, or public communication of works or any objects protected by intellectual property rights or related rights without the prior authorization of the rights holders of any content protected under the provisions of the Intellectual Property Code. The Guest shall indemnify the Hotel, at its own expense, against any action and/or claim from a third party alleging infringement of an intellectual property right, and shall bear all associated costs and damages. In this regard, the Guest shall indemnify, in particular, all losses, damages, or costs (including reasonable attorneys’ fees and expenses) incurred by the Hotel in connection with any action of this nature, as well as all amounts paid in settlements and/or damages that the Hotel may be ordered to pay.
6.8 Rules of Conduct. The Guest accepts and undertakes to use the Hotel premises in a reasonable manner and in a manner that respects the image of LOU CALEN RETREAT. Furthermore, the Guest undertakes not to disturb the tranquility of the Hotel, its staff, and its guests. Furthermore, any behavior contrary to good morals, public order, or the image and reputation of LOU CALEN RETREAT may authorize the Hotel to ask the Guest to leave the establishment immediately and without any compensation. The Guest will be required to pay the Hotel the full price stated in the confirmation email, plus any additional services booked, and no refund or compensation of any kind will be granted as a result.
6.9 Security. Surveillance measures are implemented by LOU CALEN RETREAT. Video surveillance of the common areas, parking lots, and the various entrances to the Hotel is in place to ensure the safety of property and people. Safes are available to guests in the rooms. However, guests are advised to exercise caution when using the safe. Caution is advised, particularly with regard to valuables. Guests are specifically advised not to leave any valuables on display (particularly in rooms, common areas, or in vehicles parked in the hotel’s parking lots). The hotel declines all liability in the event of theft, loss, or damage to the guest’s valuables, which are not deposited in the safes provided free of charge. Guests agree to inform the hotel management before checkout if they are the victim of an accident during their stay or if any of their valuables are damaged, lost, or stolen.
ARTICLE 7. INTELLECTUAL PROPERTY
The trademarks reproduced on the website, as well as all figurative and non-figurative trademarks, and more generally all other trademarks, illustrations, images, and logos appearing on the website, either (i) are and will remain the exclusive property of the LOU CALEN RETREAT hotel or (ii) are subject to a license granted solely to the LOU CALEN RETREAT hotel.
Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium whatsoever, without the express prior consent of the LOU CALEN RETREAT hotel, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo, and more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model, and patent rights affecting, where applicable, the Services and the Site, which are the property of the HOTEL LOU CALEN RETREAT or for which the latter has been granted personal use by the owner. The Guest is informed that various works of art are present within the LOU CALEN RETREAT, without the Hotel necessarily holding the reproduction, representation, secondary, and derivative rights relating thereto. It is therefore the Guest’s responsibility, before proceeding with the partial and/or complete reproduction of any work present in the Hotel, to check with the Hotel’s teams and obtain written confirmation that their reproduction and/or distribution does not require prior authorization from their author. In any event, the HOTEL LOU CALEN RETREAT cannot be held liable for any unauthorized reproduction, representation, and/or use of these works.
ARTICLE 8. PERSONAL DATA
As part of the performance of the Services or the processing of an order, LOU CALEN RETREAT may process the personal data of Customers and users of the Site. This is done under the conditions set out in the Privacy Policy available at https://www.loucalen.com/en/privacy-policy/.
In accordance with Article L. 223-1 of the French Consumer Code, the Customer may register free of charge on a Bloctel telephone canvassing opt-out list (www.bloctel.gouv.fr) to prevent further telephone calls from a professional, except for requests relating to the execution of an ongoing contract and related to the purpose of that contract.
ARTICLE 9. FORCE MAJEURE
ARTICLE 10. APPLICABLE LAW AND DISPUTE SETTLEMENT
10.1 The Contract is governed by and interpreted in accordance with French law, in accordance with EC Regulation 593/2008 of June 17, 2008, without prejudice to any mandatory protective provisions that may apply in the consumer’s country of residence.
10.2 Any Guest wishing to exercise their right of withdrawal in accordance with Article 3.5, or in the event of a dispute relating to the application and/or interpretation of the contractual relationship, including these General Terms and Conditions, undertakes to first contact the Guest Relations Department of the relevant Hotel, whose contact details are provided below:
By mail: Domaine hôtelier Lou Calen – 1 cours Gambetta – 83570 Cotignac
By email: bonjour@loucalen.com
10.3. In the event of a dispute between the Hotel and the Guest, they will endeavor to find an amicable solution.
Failing an amicable agreement, the Guest is informed that they may resort to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with order no. 2015-1033 of August 20, 2015 and implementing decree no. 2015-1382 of October 30, 2015, the Customer has the possibility, for any dispute or litigation referred to as consumer dispute, subject to article L.612-2 of the consumer code, to
e contact the Hotel’s consumer mediator, namely La Médiation Tourisme Voyage, free of charge, within one (1) year of the written complaint sent to LOU CALEN RETREAT.
Referral to the consumer mediator must be made:
• either by completing the form provided for this purpose on the website https://www.mtv.travel/
• or by mail addressed to
Médiation Tourisme et Voyage
BP 80 303 75 823
Paris Cedex 17
Médiation Tourisme Voyage will attempt, with complete independence and impartiality, to reach an amicable resolution of the dispute.
The Customer remains free to choose whether or not to use mediation or any other alternative dispute resolution procedure.
In the event that the Hotel uses mediation, the Customer is also free to accept or refuse the use of mediation.
Once the mediator’s decision has been rendered, each party is free to accept or reject the solution proposed by the mediator.
10.4 The Customer may, if they wish, regarding the online sale of the Services, use the online dispute resolution (ODR) service offered by the European Commission in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. Mediation is an alternative mechanism that is not a prerequisite for legal action.
10.5 Any disputes relating to the interpretation, performance, or termination of the contractual relationship or these General Terms and Conditions shall, in the absence of an amicable agreement under the above conditions, be subject to the exclusive jurisdiction of the competent courts within the jurisdiction of the AIX-EN-PROVENCE Court of Appeal, even in the event of summary proceedings, third-party claims, or multiple defendants. As an exception to the foregoing, in accordance with the provisions of Regulation No. 44/2001 of December 22, 2000:
○ the consumer-customer may choose to bring any dispute either before one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the court of the place where he or she resided at the time the contract was concluded or the occurrence of the harmful event, in accordance with Article R. 631-3 of the Consumer Code;
○ The Hotel may bring proceedings before the court of the place where the consumer-guest is domiciled.
In any event, and particularly in the event of a dispute, the Hotel may validly provide proof of the Guest’s actions, validations, and instructions, including the entry of the required banking information, the computerized records stored in the company’s computer systems, as well as the content of Guest messages and transactions, using connection logs, which the Guest acknowledges and accepts.
ARTICLE 11 – MISCELLANEOUS PROVISIONS
In the event that one of the provisions of the Contract should be declared null, inapplicable, or unenforceable by any competent court, the other provisions shall remain valid, applicable, and enforceable.
The failure of one of the Parties to invoke a right or breach of the other party shall not constitute, for the future, a waiver of the right or breach in question. Any waiver will only be binding if expressed in writing by the party issuing the waiver to the other party.
The headings of the clauses are for guidance only; in the event of a contradiction between these headings and their content, the content shall prevail.
The fact that the Hotel does not assert any of the provisions of the Contract at any given time shall not be construed as a waiver of its right to assert them at a later date.
If the General Terms and Conditions are translated into another foreign language, the French language shall prevail over any other translation in the event of any dispute, litigation, or difficulty in the interpretation or execution of these terms and conditions, and more generally, concerning the existing relationship between the Parties.