Camping Le Palais de la Mer

GENERAL TERMS OF SALE

Personal tourism camping pitch and holiday rental bookings

Service provider: 

•         Camping Le Palais de la Mer, Mr Fabrice Bardollet, President of SAS Le Palais de la Mer, entered on the Perpignan company and trade register under number 339 2175 667 
•         Avenue de Las Illas, 66470 Sainte-Marie-La-Mer, France
•         +33 (0)4 68 73 07 94      contact@palaisdelamer.com    www.palaisdelamer.com

DEFINITIONS:

Order or Booking or Rental: Purchase of services.  

Services: The seasonal hire of holiday rentals or bare ‘tourism’ camping pitches.

Holiday Accommodation: Tent, caravan, mobile holiday home or static mobile holiday home.

ARTICLE 1 - SCOPE

These General Terms of Sale (‘GTS’) apply unconditionally and without any restrictions to all holiday rentals and bare pitch bookings for Le Palais de la Mer campsite, which is run by SAS Le Palais de la Mer (the ‘Service Provider’), made by non-professional customers (‘Customers’ or ‘Customer’) on the website www.palaisdelamer.com or by telephone, post or email, or at a location where the Service Provider sells the Services. They do not apply to the rental of pitches for mobile holiday homes, which requires a leisure contract.

The main features of the Services are presented on the website at www.palaisdelamer.com and on written material (printed or electronic) for bookings made through a means other than remote bookings. 

Customers must read that information before placing their order. Customers are solely responsible for choosing and purchasing a Service. 

These General Terms of Sale override all other terms published by the Service Provider, specifically those applicable for other Service retail channels. 

These General Terms of Sale can be viewed at any time on the website and, where applicable, prevail over any other version or contractual document. The version that applies to the Customer is the one that is current on the website or provided by the Service Provider on the date the Customer places their Order. 

Failing any evidence to the contrary, the data recorded on the Service Provider’s IT system comprise proof of all transactions concluded with the Customer.

Under the terms defined by the French Data Protection Act and the European General Data Protection Regulation, Customers have the right at any time to access and correct their personal data and to object if the processing of all their personal data is not essential to processing the Order and Booking and subsequent processes, by writing a letter and providing proof of identity to:

SAS Palais de la Mer, Avenue de Las Illas, 66470 Sainte-Marie-La-Mer, France

Customers must have read these General Terms of Sale and agreed to them, either by ticking the relevant box before submitting their online Order and agreeing to the general terms and conditions of website use for www.palaisdelamer.com, or, for non-online bookings, by any other appropriate means.

ARTICLE 2 – BOOKINGS

Customers select their choice of Holiday Accommodation on the website www.palaisdelamer.com and enter the details requested by the Service Provider, then pay any deposits by bank/credit card or bank transfer.

The deposit comprises a €35 non-refundable booking fee and €115 towards the total amount of your stay for a bare pitch or 30% of the total amount of your stay for a mobile home.

All Orders placed on the website www.palaisdelamer.com form a remote contact concluded between the Customer and the Service Provider. 

All Orders are personal and cannot be transferred under any circumstances.

PITCHES

For all email and mail Bookings, please include your booking form and a €150 personal or bank cheque made out to SAS Camping Le Palais de la Mer, which includes a €35 non-refundable booking fee and €115 deposit towards the total cost of your stay. THE BALANCE MUST BE PAID 30 days before you arrive at the campsite. By confirming the booking agreement, the Customer is bound to adhere to the stated booking dates. Any subsequent changes may result in the booking being cancelled and the payment forfeited. 

Bookings are from midday to midday, for one or more days. The site must be vacated at the end of your stay by midday at the latest (bookings subject to availability on the requested dates). If you have not arrived 24 hours after the start of your Booking, it will be deemed cancelled, your payment will be forfeited and we may make use of the site.

HOLIDAY ACCOMMODATION (mobile home)

For all Bookings made by post or email, please send your Booking form along with a deposit of 30% of the total amount of your stay as a personal or bank cheque made out to SAS Camping Le Palais de la Mer. The deposit will be applied to the total amount of your stay and THE REMAINING BALANCE MUST BE PAID 30 days before your arrive at the campsite. 

By confirming the booking agreement, the Customer is bound to adhere to the stated booking dates. Any subsequent changes may result in the booking being cancelled and the payment forfeited. 

Arrival: Saturday 3-8 pm Departure: Saturday BEFORE 10 am 

Bond: Upon arrival you will be asked for a bond of €400 and a bond of €100. These will be returned to you when you depart, subject to any deductions for damage and lost equipment. A fixed amount of €100 will be retained if the holiday rental has not been cleaned.

Delay: If you do not send written notification of your delayed arrival, the Holiday Rental will be made available for other people to book 24 hours after the date stated on your booking and the Service Provider will retain the payments.

Late arrival/early departure: In this situation, the total amount remains payable, from the first to the last date of the Booking.

If your Booking was made by email, we must receive your deposit within 8 days, failing which your booking will be cancelled.

Customers must check the Order is correct and immediately notify the Service Provider of any error. The Order is only deemed final after the Service Provider sends confirmation of Booking acceptance to the Customer by email or post, or once the Customer has signed the booking agreement at a physical location where the Service Provider sells the Services. 

ARTICLE 3 – PRICES

The Services offered by the Service Provider are supplied at the rates shown on the website www.palaisdelamer.com and on any communication medium produced by the Service Provider, with those rates being current at the time the Customer makes the Booking. Prices are shown in euros, inclusive of tax. 

The rates include any discounts the Service Provider has approved for use on the website www.palaisdelamer.com and any other information or communication medium. 

These rates are final and cannot be changed during their validity period, as stated on the website www.palaisdelamer.com and in any email or written proposal sent to the Customer. After that validity period, the offer is null and void and the Service Provider is not bound by those rates. 

They do not include the Order processing and management fees, which are invoiced separately as per the terms stated on the website www.palaisdelamer.com and in the information (email, letter, etc.) provided to the Customer before the Order is finalised. Those fees are calculated before the Customer places their Order. 

The payment requested from the Customer corresponds to the total purchase price, including those fees. 

The Service Provider produces an invoice which is provided to the Customer before or at the time they pay the balance due.

3.1. TOURIST TAX 

The tourist tax, which is collected on behalf of the local and joint local authorities, is not included in our rates. It is charged per person per day and varies by destination. It must be paid at the same time as payment is made for the Service and is itemised on the invoice. 

ARTICLE 4 - PAYMENT TERMS

4.1. DEPOSIT

Amounts paid in advance form the deposit. They form an advance on the total amount payable by the Customer.

When the Customer makes a Booking for a mobile home-type Holiday Accommodation, a deposit of 30% of the total price of the Services being ordered is payable, and for a bare pitch the deposit is €115 + €35 booking fee. This must be paid upon receipt of the final booking agreement and attached to the copy of the form to be returned. It will be deducted from the total Order amount.

However, the Customer may take out optional cancellation insurance at a cost of €25. This guarantees a full refund of any amounts paid up until 30 days before the arrival date (excluding booking fee and cancellation guaranty premium) when the cancellation is due to an event that was not pre-existing at the time of booking: death, disabling personal injury, hospitalisation, etc. Proof of the event will be required.

The balance of the booking must be paid 30 days before arrival. 

4.2. PAYMENT

Payments made by the Customer only become final after the payable amounts are banked by the Service Provider. 

4.3. DEFAULT ON PAYMENT TERMS

The Service Provider reserves the right, in the event of a failure to adhere to the payment terms, to suspend or cancel the Services ordered by the Customer and/or suspend the performance of its obligations after issuing a warning that goes unheeded. 

ARTICLE 5 - PROVISION OF SERVICES

5.1. PROVIDING AND USING SERVICES

The holiday rentals may be occupied from 3 pm on the day of arrival and must be vacated by 10 am on the day of departure.

Camping pitches may be occupied from 12 pm on the day of arrival and must be vacated by 12 pm on the day of departure.

The remaining balance for the booking must be paid in full 

·         30 days before arrival.

Holiday rentals and pitches are designed for a certain number of occupants and may not, under any circumstances, be occupied by more people than allowed. 

Only people listed on the rental agreement will be admitted upon arrival. 

You must leave your Holiday Accommodation in the same clean state as you found it upon arrival. Failing this, you will be charged a fixed price of €100 for cleaning. Any damage suffered by the Holiday Accommodation or its fittings and accessories must be immediately rectified at the Customer’s expense. The inventory reports at the start and end of the Booking period must be identical.  

5.2. BOND

For holiday rentals, Customers are required to pay a bond of €500 when the keys are handed over. The bond is returned on the day the rental ends, subject to any deductions for damage and cleaning. 

This bond does not limit the Customer’s liability.

Loss of keys (mobile home and safe) and the entrance barrier card will be charged as follows:

- €50 for the barrel to be changed and €120 for changing the safe

- €30 for the entry barrier card

ARTICLE 6 - LATE ARRIVAL, EARLY DEPARTURE OR CANCELLATION OF A STAY BY THE CUSTOMER

No discount will be offered in the event of late arrival, early departure or any changes to the number of people (whether for the entire stay or part thereof).

6.1. CHANGES

When a Customer requests a change of dates or number of people, the Service Provider will accommodate this request where possible, subject to availability and without prejudice to any additional charges being applied. In any event, this is a best efforts obligation and the Service Provider cannot guarantee the availability of a camping pitch or holiday rental, or availability on another date. A surcharge may be applied when accommodating this request. 

Any request to reduce the length of stay will be considered by the Service Provider as a partial cancellation, which is governed by Article 6.3.

6.2. EARLY DEPARTURE 

Early departure will not give rise to any refund from the Service Provider. 

6.3. CANCELLATION 

6.3.1 CANCELLATION WITHOUT THE SERENITY OPTION

All cancellation requests must be submitted to Camping Le Palais de la Mer in writing.

The date on which the campsite receives the cancellation request determines the applicable cancellation conditions.

RENTAL ACCOMMODATION – MOBILE HOMES

Cancellation before D-31

The 30% deposit remains payable to and is retained by Camping Le Palais de la Mer.

Cancellation from D-31 to D-1

The full cost of the stay remains due and is retained by Camping Le Palais de la Mer.

TOURING PITCHES

Cancellation before D-31

The €150 deposit is retained by Camping Le Palais de la Mer.

Cancellation from D-31 to D-1

The full cost of the stay remains due and is retained by Camping Le Palais de la Mer.

Day of arrival – No-show – Stay already started

For both rental accommodation and pitches, cancellation on the scheduled day of arrival gives rise to no refund.

No refund will be made in the event of a no-show, late arrival, a stay that has already begun or early departure.

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6.3.2 SERENITY OPTION

Camping Le Palais de la Mer offers customers an optional Serenity Option, providing more favourable cancellation conditions when a covered and duly documented event prevents the stay from taking place.

Rental accommodation

The Serenity Option costs 4% of the total cost of the stay.

Touring pitches

The Serenity Option costs 4% of the total cost of the stay, subject to a minimum charge of €25.

The amount paid for the Serenity Option is retained by the campsite from the time it is purchased and is non-refundable.

Nature of the Serenity Option

The Serenity Option is a contractual and commercial facility offered directly by Camping Le Palais de la Mer as part of its booking terms.

It is not presented as an insurance contract.

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6.3.3. CANCELLATION WITH THE SERENITY OPTION

The Serenity Option may only apply when cancellation results from a covered event that was unforeseeable at the time of booking and is duly documented.

RENTAL ACCOMMODATION – MOBILE HOMES

Cancellation before D-31

When the conditions of the Serenity Option are met, the amounts paid towards the stay are refunded.

The amount paid for the Serenity Option is retained by the campsite and is non-refundable.

Cancellation from D-31 to D-1

When the conditions of the Serenity Option are met:

- the 30% deposit is retained by Camping Le Palais de la Mer;
- an additional €50 excess per booking is also retained by the campsite and is non-refundable;
- the amount paid for the Serenity Option is retained by the campsite and is non-refundable;
- only the amount paid above the 30% deposit and the €50 excess is refunded to the customer.

TOURING PITCHES

Cancellation before D-31

When the conditions of the Serenity Option are met, the amounts paid towards the stay are refunded.

The amount paid for the Serenity Option is retained by the campsite and is non-refundable.

Cancellation from D-31 to D-1

When the conditions of the Serenity Option are met:

- the €150 deposit is retained by Camping Le Palais de la Mer;
- an additional €50 excess per booking is also retained by the campsite and is non-refundable;
- the amount paid for the Serenity Option is retained by the campsite and is non-refundable;
- only the amount paid above the €150 deposit and the €50 excess is refunded to the customer.

Day of arrival

The Serenity Option ceases to apply on the scheduled day of arrival.

Cancellation on the day of arrival gives rise to no refund.

No-show – Stay already started – Early departure

The Serenity Option does not cover a no-show, a stay that has already begun or an early departure.

In these circumstances, no refund will be made.

In the event of a no-show without prior notification, the campsite may, from 12:00 noon on the day following the scheduled arrival date, freely dispose of the mobile home or pitch and offer it for rental again.

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6.3.4. EVENTS THAT MAY QUALIFY UNDER THE SERENITY OPTION

Subject to appropriate supporting documentation, the following may in particular be taken into consideration:

- serious illness or serious accident affecting the booking holder, their spouse/partner or a close family member;
- hospitalisation preventing travel;
- death of the booking holder, their spouse/partner or a close family member;
- serious pregnancy complications;
- redundancy occurring after the booking was made;
- serious damage to the customer’s main residence requiring their presence;
- serious accident or theft of the vehicle intended for the journey to the campsite when this makes the journey impossible.

The event must be unforeseeable at the time of booking, beyond the customer’s control and genuinely prevent the stay from taking place.

Camping Le Palais de la Mer may request any documentation necessary to verify the event concerned.

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6.3.5. EXCLUSIONS

The following do not qualify under the Serenity Option:

- a simple change of mind;
- an error in the booking dates;
- changes to the customer’s personal arrangements or holiday dates, unless caused by an expressly covered event;
- weather conditions considered unfavourable by the customer;
- failure to possess the administrative or travel documents required for the journey;
- any event known to the customer at the time of booking;
- any cancellation for which the required supporting documents cannot be provided.

If the reason for cancellation does not meet the conditions of the Serenity Option, the standard cancellation conditions set out in Section 5 apply.

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6.3.6. NOTIFICATION OF CANCELLATION

The customer must notify Camping Le Palais de la Mer in writing as soon as possible after becoming aware of the event preventing the stay.

The required supporting documents must be provided within the timeframe requested by the campsite.

Any incomplete claim or claim that does not establish the circumstances of the cancellation may be refused. 

For any cancellation, the booking processing and management fees (Article 3) are retained by the Service Provider. 

6.4. PANDEMIC-RELATED CANCELLATION

6.4.1. Should the entire establishment be required to close during the booked dates of your stay due to a decision made by the government authorities (including a full prohibition on allowing the public on site, where the Customer is directly affected by this measure being introduced), and where this is not the fault of the Service Provider, any advance payments made by the Customer towards the Booking will be refunded within 60 days (unless otherwise decreed by the government).

The Service Provider is not bound to offer any further compensation in addition to refunding the amounts paid in advance for Bookings.

6.4.2. As an exemption to the provisions in Article 6.3 CANCELLATION, if the Customer has to cancel their entire stay due to government-imposed measures prohibiting people from travelling (general or local lockdown, travel ban, closed borders) but the campsite can still perform its obligations and welcome Customers, the Service Provider will:

- issue a credit note for the amounts paid by the Customer, minus the Order processing and management fees (Article 3), which are retained by the Service Provider. This credit note is non-refundable and non-transferable, and is valid for 18 months.

6.4.4. - If the Customer takes out special insurance to cover the risks listed in Article 6.4.2, the insurance pay-out received by the Customer will be deducted from the credit note amount discussed in Article 6.4.2.

ARTICLE 7 – CUSTOMER OBLIGATIONS

7.1. CIVIL LIABILITY INSURANCE 

Customers staying on a camping pitch or in a holiday rental must hold civil liability insurance. Customers may be asked to produce their insurance certificate before the Service is provided.

7.2. ANIMALS

Pets are permitted and are their owners’ responsibility. 

They are permitted subject to the packages available from the Service Provider, which must be paid for on-site.

7.3 ELECTRIC VEHICLE

Connecting electric vehicles is prohibited in the campsite.

For any illegal connection, you will be charged a daily compensation of €9 for the entire stay.

7.4. CAMPSITE RULES

The campsite rules are posted at the entrance and at reception. Customers must read and comply with the rules. A copy of the campsite rules can be provided upon request.

ARTICLE 8 - RIGHT OF WITHDRAWAL

Businesses involved in organising and selling stays and excursions on set dates or for set periods do not enjoy the right of withdrawal applicable to remote sales and off-site sales, in accordance with the provisions of Article L221-28 of the French Consumer Code.

ARTICLE 9 – PERSONAL DATA PROTECTION

The Service Provider, who drafted this document, uses personal data processing with the following legal basis: 

● Either for legitimate interests pursued by the Service Provider for the following purposes: 

- canvassing

- managing relationships with its potential and existing customers

- organising, taking registrations for and sending invitations for the Service Provider’s events

- processing, delivering, canvassing, producing, managing and tracking customer’s requests and files

- drafting deeds on behalf of its customers

● Or for compliance with legal and regulatory obligations when processing is performed for the purpose of:

- preventing money-laundering and terrorist financing, and combating corruption

- invoicing

- accounting

The Service Provider only keeps personal data for the time required by the operations for which they were collected and in accordance with current regulations.

As such, Customers’ personal data is stored for the contractual relationship period plus 3 years, for the purpose of organisation and canvassing, without prejudice to data retention obligations and limitation periods.

For the prevention of money-laundering and terrorist financing, data is stored for 5 years after the conclusion of the relationship with the Service Provider. For accounting, the data is stored for 10 years from the end date of that financial year.

Potential customers’ data is stored for a period of 3 years if the customers do not participate or register for the Service Provider’s events.

Processed data is used by people authorised to do so by the Service Provider.

Under the terms of the French Data Protection Act and the European General Data Protection Regulations, individuals have the right to access their personal data, correct it, question it and restrict its use, the right to data portability and the right to be forgotten.

The data subjects affected by the processing also have the right to object at any time, for reasons arising from their particular situation, to the Service Provider’s legitimate and legal processing of their personal data, as well as the right to object to commercial canvassing.

They also have the right to define general and specific instructions about how they want the aforementioned rights to be exercised after their death:

-          by emailing: contact@palaisdelamer.com

-          or by posting a letter to: Camping Le Palais de la Mer, Avenue de Las Illas, 66470 Sainte-Marie-La-Mer, France, along with a signed copy of ID.

Data subjects have the right to lodge a complaint with CNIL (the French National Commission for Information Technology and Civil Liberties).

ARTICLE 11 - INTELLECTUAL PROPERTY

The website content of www.palaisdelamer.com is the property of the Service Provider and its partners, and is protected by French and international intellectual property laws.

It is strictly prohibited to copy, circulate or use this content in part or in full, with such actions constituting the offence of counterfeiting.

Furthermore, the Service Provider retains ownership of all intellectual property rights for photos, presentations, studies, drawings, models, prototypes, etc. created (even at a Customer’s request) with a view to supplying the Customer with Services. The Customer will refrain from creating any copies or using the aforementioned studies, drawings, models, prototypes, etc. without the express prior written consent of the Service Provider, who may require a financial consideration as compensation. 

The same applies to names, logos and more generally any graphic or text belonging to the Service Provider and used or circulated by it.

ARTICLE 12 - APPLICABLE LAW & LANGUAGE

These General Terms of Sale and all resulting transactions are governed by and subject to French law.

The original version of these General Terms of Sale is written in French. The English version is provided for your information, however the French version shall take precedence in the event of a dispute.

ARTICLE 13 - DISPUTES

All disputes arising from the sale and purchase transactions made under these General Terms of Sale relating to their validity, interpretation, performance, termination, consequences and results, which cannot be resolved between the Service Provider and the Customer, will be subject to the jurisdiction of the relevant courts under the conditions of common law.

In any case, Customers are informed that they may seek conventional mediation in the event of a dispute, or any other means of settling the dispute.

This includes free access to the Consumer Ombudsman:

http://www.mediationconso-ame.com 

or AME conso, 11 place Dauphine, 75001 Paris, France, Tel.: +33 (0)9 53 01 02 69 (initial contact through the website)

ARTICLE 14 - PRECONTRACTUAL INFORMATION & CUSTOMER AGREEMENT

The Customer confirms having received prior to placing their Order, in an understandable, legible manner, these General Terms of Sale and any other information and details provided by Articles L 111-1 to L 111-7 of the French Consumer Code in addition to the information required under the Decree of 22 October 2008 on providing prior information to consumers about the characteristics of outdoor hospitality holiday rentals, specifically: 

-          the Services’ key characteristics, taking into account the communication medium used and the Services in question 

-          the price of Services and any additional costs 

-          information about the Service Provider’s identity, its contact postal address, telephone and email, and its business activity, if this is not clear in the context 

-          information about legal and contractual guarantees and how they are implemented, the features of digital content and, where appropriate its interoperability. 

-          the ability to seek conventional mediation in the event of a dispute 

-          information about cancellation methods and other important contractual conditions

When a natural person (or legal entity) places an order through the website www.palaisdelamer.com, they are deemed to have agreed to and unconditionally accepted the entirety of these General Terms of Sale and this is expressly acknowledged by the Customer who waives their right to use any contradictory document as it is non-binding on the Service Provider.