GENERAL CONDITIONS OF SALE
“Tourism” accommodation or site booking by individuals
Contact details of the Service Provider:
Camping l'Arbre d'Or, SARL SECAO, SARL, RCS Mont de Marsan,
1037 Route du lac, 40160 Parentis en Born,
Tel: 0558784156, Fax: 0558784962, Email: contact@arbre-dor.com, website: www.arbre-dor.com
DEFINITIONS:
ORDER or RESERVATION or RENTAL: Purchase of the Services.
SERVICES: seasonal rental of accommodation or accommodation in «tourism».
ACCOMMODATION: Tent, caravan, mobile residence of leisure and light dwelling of leisure.
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation or bare pitch on l'Arbre d'Or campsite, operated by SARL SECAO, to non-professional customers («The Customers» or «the Customer»), on its website www.arbre-dor.com or by telephone, mail or e-mail (emails), or in a place where the Service Provider markets the Services. They do not apply to mobile homes that are the subject of a “leisure” contract.
The main characteristics of the Services are presented on the website www.arbre-dor.com or on paper or electronic written form in case of booking by any other means than a remote order.
The Customer is required to take note of it before any order is placed. The choice and purchase of a Service is the sole responsibility of the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions of the Service Provider, and in particular those applicable for other marketing channels of the Services.
These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, if applicable, over any other version or other contractual document. The version applicable to the Customer is the one in force on the website or communicated by the Service Provider on the date of placing the Order by the Customer.
Unless proven otherwise, the data recorded in the Service Provider's IT system constitutes proof of all transactions concluded with the Client.
Under the conditions defined by the Data Protection Act and the European Data Protection Regulation, the Customer has, at any time, a right of access, rectification, and opposition if the processing is not essential to the execution of the order and the stay as well as their consequences, to all their personal data by writing, by post and justifying their identity, to:
Camping L'Arbre d'Or
1037 Route du Lac
40160 Parentis en Born
The Customer declares to have read and accepted these General Terms and Conditions of Sale or by ticking the box provided for this purpose before the implementation of the online Order procedure, as well as the general conditions of use of the website www.arbre-dor.com, or, in case of booking outside the Internet, by any other appropriate means.
ARTICLE 2 – RESERVATIONS
The Client selects on the site or informs on any document sent by the Service Provider the services it wishes to order, according to the following procedures:
Selection of the order, information of contact details, validation of the order and payment on the website.
It is the Customer's responsibility to verify the accuracy of the Order and to report any error to the Service Provider immediately. The Order shall not be considered as final until after the confirmation of acceptance of the Order by the Service Provider, by e-mail or post, has been sent to the Customer, or by signing the contract in the event of a booking directly in the premises where the Service Provider markets the Services.
Any Order placed on the website www.arbre-dor.com constitutes the formation of a contract concluded remotely between the Customer and the Service Provider.
Any Order is nominative and cannot, under any circumstances, be assigned.
ARTICLE 3 – TARIFFS
The Services offered by the Service Provider are provided at the prices in force on the website www.arbre-dor.com, or on any media of information of the Service Provider, at the time of the placing of the order by the Customer. Prices are expressed in Euros, including all taxes.
The rates take into account any discounts that may be granted by the Service Provider on the website www.arbre-dor.com or on any media of information or communication.
These rates are firm and not reviewable during their period of validity, as indicated on the website www.arbre-dor.com, in the email or in the written proposal addressed to the Customer. Beyond this period of validity, the offer lapses and the Service Provider is no longer bound by the prices.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice shall be drawn up by the Seller and delivered to the Customer at the latest at the time of payment of the balance of the price.
ARTICLE 4 - TERMS OF PAYMENT
4.1. ADVANCE PAYMENT
Amounts paid in advance are advance payments. They constitute an advantage over the total price due by the Customer.
A deposit corresponding to 30% of the total price of the supply of the Services ordered is required when placing the order by the Customer. It must be paid upon receipt of the final lease agreement and attached to the copy to be returned. It will be deducted from the total amount of the order.
The balance of the stay must be paid in full 30 days prior to the arrival date (failure to do so will result in the cancellation of the booking).
Neither the deposit nor the balance will be refunded by the Service Provider in the event of cancellation by the Client.
4.2. PAYMENTS
Payments made by the Client shall not be considered final until the amounts due by the Service Provider have been effectively collected.
In the event of late payment and payment of amounts due by the Customer beyond the above-mentioned period, or after the payment date shown on the invoice sent to the latter, penalties for late payment calculated at the rate of 10% of the amount including all taxes of the price of the provision of the Services, will be acquired automatically and by operations law by right to the Service Provider, without any formality or prior formal notice.
The delay in payment will result in the immediate liability of all sums due from the Client, without prejudice to any other action that the Service Provider is entitled to bring against the Client.
4.3. NON-COMPLIANCE WITH PAYMENT CONDITIONS
In addition, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to cancel the provision of the Services ordered by the Customer after formal notice remained without effect.
ARTICLE 5 - PROVISION OF BENEFITS
5.1. PROVISION AND USE OF BENEFITS
The accommodation or pitch can be occupied from 4 pm on the day of arrival and must be vacated by 10 am on the day of departure.
The balance of the stay must be paid in full
30 days prior to arrival (subject to cancellation of this rental)
The accommodation and pitches are intended for a certain number of occupants for rent and can under no circumstances be occupied by a greater number of people.
The accommodation and pitches will be returned in the same state of cleanliness as at delivery. Otherwise, the tenant will have to pay a lump sum of 150 € for the cleaning. Any deterioration of the accommodation or its accessories will give rise to immediate restoration at the expense of the tenant. The end-of-lease inventory must be identical to the start-of-lease inventory.
5.2. SECURITY DEPOSIT
For accommodation rentals, a deposit of 635 € is required from the Customer at the latest 7 days before the keys are handed over and is returned to them at the latest 5 days after the end of the rental under possible deduction of the costs of restoration.
This deposit does not constitute a limit of liability.
A deposit for noise and noise or behavioral nuisances may be requested on arrival on the ground, which may be kept in case of significant noise between 11pm and 7am.
For pitch rentals, a deposit of 35€ is required from the Customer at the latest 7 days before arrival and is returned on the day of their departure under possible deduction of costs of restauration.
5.3. INCOMING AND OUTGOING INVENTORY
No inventory will be carried out; the mobile home is deemed clean and in good condition.
The customer has until 12 pm the day after his arrival to notify the campsite of any problems of cleanliness and/ or condition of the property at their disposal. After this period, the inventory of fixtures will be considered valid without reservation by the customer near the Service Provider.
On the day of departure, the Client has until 10am at the latest to return the keys of the accommodation to the reception office. After 10am, a late fee of 50 € will be applied to the Customer. The Service Provider shall allow a maximum period of 5 days after the Client's departure to return the Client's deposit.
If the Customer wishes to make an inventory of the premises leaving with the Service Provider in order to recover his deposit before leaving, he must make an appointment with the reception office before Friday 12 pm at the latest.
ARTICLE 6 – DELAY, INTERRUPTION OR CANCELLATION OF STAY BY THE CLIENT
No discount will be granted in the case of a delayed arrival, an early departure or a change in the number of people (whether for all or part of the planned stay).
6.1. AMENDMENT
In the event of a change in dates or the number of persons, the Service Provider shall endeavor to accept as far as possible requests for a change in date within the limits of availability, without prejudice to any additional costs; it is in all cases a simple obligation of means, since the Service Provider cannot guarantee the availability of a location or accommodation, or of another date; a surcharge may be requested in these cases.
Any request to reduce the length of stay will be considered by the Service Provider as a partial cancellation whose consequences are governed by article 6.3.
6.2. INTERRUPTION
A premature departure may not give rise to any refund from the Service Provider.
6.3. CANCELLATION
No refund will be granted in the event of cancellation prior to arrival, interruption of the stay, or delayed arrival, regardless of the cause.
6.4. CANCELLATION IN THE EVENT OF A PANDEMIC
6.4.1. In case of total or partial closure of the establishment during the dates of the booked stay (which is treated as a total or partial ban on the reception of the public, insofar as the Customer is directly concerned by the application of this measure) decided by the public authorities, and which is not imputable to the Service Provider, the sums paid in advance by the Customer for the reservation of the stay will be the subject of a refund within a period of 30 days.
However, the Service Provider cannot be held liable for additional compensation beyond this reimbursement of the sums already paid in connection with the reservation of the stay.
6.4.2. By way of derogation from the provisions of Article 6.3 CANCELLATION, any cancellation of the stay duly justified by the fact that the Customer would be affected by COVID 19 (infection) or other infection considered as a pandemic, or would be identified as a contact case, and that this situation would jeopardize their participation in the stay on the scheduled dates will be done without refund (the Client has the option to purchase the cancellation insurance covid which covers this case)
Any processing and management fees as provided for in the general terms and conditions will remain with the Service Provider. In all cases, the Customer must provide proof of the event making it eligible for this right to cancellation.
6.4.3. By way of derogation from the provisions of Article 6.3 CANCELLATION, in the event that the Client is forced to cancel the entire stay due to governmental measures not allowing participants to travel (general or local confinement, travel ban, border closure), even though the campsite is able to fulfill its obligation and accommodate the Customers, the Service Provider will issue a credit note corresponding to the sums paid by the Customer, after deduction of processing and management costs (Article 3) which will remain acquired by the Service Provider. This credit, non-refundable and non-transferable, will be valid for 18 months.
6.4.4 - In case of subscription by the Customer of a specific insurance covering the risks listed in article 6.4.2 or article 6.4.3, the insurance indemnities received by the Customer will be deducted from the amount of the asset, referred to in articles 6.4.2 or 6.4.3.
ARTICLE 7 - OBLIGATIONS OF THE CLIENT
7.1. CIVIL LIABILITY INSURANCE
The Client hosted on a site or in a hosting must be insured in civil liability. A certificate of insurance may be requested from the Client before the start of the service.
7.2. ANIMALS
Pets are accepted, under the responsibility of their owners.
They are accepted on the basis of the packages available from the Service Provider and payable in advance.
Category 1 and 2 dogs are prohibited within the Campsite.
7.3. RULES OF PROCEDURE
An internal by-law is posted at the entrance of the establishment and at the reception. The Customer is obliged to take note of it and to respect it. It is available upon request.
ARTICLE 8 - OBLIGATIONS OF THE SERVICE PROVIDER - GUARANTEE
The Service Provider guarantees the Customer, in accordance with the legal provisions and without additional payment, against any defect of conformity or hidden defect, arising from a defect in the design or performance of the Services ordered.
In order to exercise their rights, the Client must inform the Service Provider, in writing, of the existence of defects or defects of conformity within a maximum of 24 hours from the provision of the Services.
The Service Provider shall have the services deemed defective rectified (to the extent possible) as soon as possible and at the latest within 2 days following the Service Provider's finding of the problem or defect.
The Service Provider's guarantee is limited to the refund of the Services actually paid by the Customer. The Service Provider may not be considered liable or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by the French jurisprudence.
The Services provided through the Service Provider's website www.arbre-dor.com comply with the regulations in force in France.
ARTICLE 9 - RIGHT OF RETRACTION
Activities related to the organisation and sale of stays or excursions on a specified date or period shall not be subject to the withdrawal period applicable to distance and off-site sales, in accordance with the provisions of Article L221-28 of the Consumer Code.
ARTICLE 10 – PROTECTION OF PERSONAL DATA
The Service Provider, the drafter of this document, implements personal data processing on the legal basis of:
Either the legitimate interest pursued by the Service Provider when it pursues the following purposes:
- prospecting
- managing the relationship with its customers and prospects,
- the organisation, registration and invitation to Service Provider events,
- processing, execution, prospecting, production, management and follow-up of customer requests and files,
- writing acts on behalf of its clients.
Or compliance with legal and regulatory obligations when it implements processing for the purpose of:
- prevention of money laundering and terrorist financing and the fight against corruption,
- invoicing,
- accounting.
The Service Provider retains the data only for the time necessary for the operations for which they were collected and in compliance with the regulations in force.
In this respect, customer data is kept for the duration of the contractual relationship plus 3 years for the purposes of animation and prospecting, without prejudice to retention obligations or limitation periods.
With regard to the prevention of money laundering and terrorist financing, the data shall be kept 5 years after the end of relations with the Service Provider. In terms of accounting, they are kept for 10 years from the end of the accounting year.
The data of the prospects is kept for a period of 3 years if no participation or registration to the events of the Service Provider has taken place.
The data processed are intended for the Service Provider's authorised persons.
Under the conditions defined by the Data Protection Act and the European Data Protection Regulation, natural persons have a right of access to their data, rectification, interrogation, limitation, portability, erasure.
The persons concerned by the processing carried out also have a right to object at any time, for reasons relating to their particular situation, to the processing of personal data with the legitimate interest of the Service Provider as a legal basis, as well as a right of opposition to commercial prospecting.
They also have the right to define general and specific directives defining the manner in which they intend to exercise, after their death, the rights mentioned above
- by e-mail to: E-mail address
- or by post to the following address: Surname, First name, Legal name, Postal address, accompanied by a copy of a signed identity document.
Data subjects have the right to lodge a complaint with the CNIL.
ARTICLE 11 - INTELLECTUAL PROPERTY
The content of the website www.arbre-dor.com is the property of the Service Provider and their partners and is protected by French and international laws relating to intellectual property.
Any reproduction, distribution, total or partial use of this content is strictly prohibited and is likely to constitute an infringement.
In addition, the Service Provider remains the owner of all intellectual property rights in photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Client's request) for the provision of the Services to the Client. The Client therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, which may condition it to a financial consideration.
The same applies to names, logos or more broadly any graphic or text representation belonging to the Service Provider or used and disseminated by it.
ARTICLE 12 - APPLICABLE LAW - LANGUAGE
These General Conditions of Sale and the resulting operations are governed by and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in case of dispute.
ARTICLE 13 – DISPUTES
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, consequences and results which could not have been resolved between the Service Provider and the Client will be submitted to the competent courts under the conditions of common law.
The Client is informed that it may in any event, in the event of a dispute, resort to a conventional mediation procedure or any other alternative dispute resolution method.
In particular, he may appeal free of charge to the following Consumer Ombudsman:
- electronic means: www.medicys.fr;
- or by post: MEDICYS - Centre de médiation et règlement amiable des huissiers de justice- 73, Boulevard de Clichy, 75009 - Paris
ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having communicated, prior to the placing of their Order, in a readable and understandable manner, these General Conditions of Sale and all the information and details referred to in articles L 111-1 to L111-7 of the Consumer Code, in addition to the information required pursuant to the order of 22 October 2008 on prior information to the consumer on the characteristics of rental accommodation in open-air hotels and in particular:
- the essential characteristics of the Services, taking into account the communication medium used and the Services concerned;
- the price of the Services and related costs;
- information relating to the identity of the Service Provider, their postal, telephone and electronic contact details, and their activities, if they do not emerge from the context;
- information on legal and contractual guarantees and how they are implemented; the functionalities of digital content and, if necessary, its interoperability;
- possibility of resorting to conventional mediation in the event of litigation;
- information on termination terms and other important contractual terms ;
- information on the entry and exit of rental accommodation.
The fact for a natural person (or legal entity) to order on the website www.arbre-dor.com implies full acceptance and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to invoke any contradictory document, which would be unenforceable to the Service Provider.
ARTICLE 15 – IMAGE RIGHTS
The Client expressly authorizes l'Arbre d'Or to use any medium photos of them and/or their children that may be taken during their stay for the advertising purposes of the camping.
