General conditions

General conditions of sale 2023 - Booking of "tourism" accommodations
Festilux
La Griffonnière, 89220 Saint-Privé
+33(0)754356478
www.festilux.nl
info@festilux.nl

DEFINITIONS
ORDER or RESERVE or RENTAL : Purchase of services.
SERVICES : rental of "tourism" accommodation.
ACCOMMODATION : light recreational dwelling

FIRST ARTICLE - SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply without restriction and unconditionally to all rentals of accommodations on the premises of Festilux camp et Gite, to non-professional customers ("the Customers" or "the Customer"), on its website www.festilux.nl or by telephone, by mail or electronically (e-mail.

The main features of the Services are displayed on the website www.festilux.nl.

The Customer must take note of these before placing an order. The choice and purchase of a Service is the full responsibility of the Customer.

These General Terms of Sale apply to the exclusion of all the terms and conditions of the Service Provider, in particular the terms and conditions applicable to other marketing circuits of the Services.

These General Terms and Conditions of Sale can be accessed at any time on the website and, where applicable, take precedence over any other version or contact document. The version applicable to the Customer is the one in effect on the website or communicated by the Service Provider on the date the Order is placed by the Customer.

Unless proven otherwise, the data recorded in the Service Provider's automated system shall constitute evidence of the entirety of the transactions concluded with the Customer.

Under the conditions stipulated by the (French) Law on Computing and Freedoms and the European Data Protection Regulation, the Customer has the right to access, correct and object at any time if the processing of his personal data is not strictly necessary for the execution of the order and its stay and follow-up, by sending a letter with proof of his identity to :

Festilux, La Griffonnière 89220 Saint-Privé France

The Customer declares to have taken cognizance of these General Conditions of Sale as well as the general conditions of use of the www.festilux.nl website and to accept them by checking the appropriate box before starting the online Order procedure, or in case of ordering other than via the Internet, by any appropriate means.

ARTICLE 2 - RESERVATIONS

The Customer chooses on the site the services he wants to order according to modalities:

- Availability;
- Choice of accommodation;
- Choice of options;
- Validation of order.

It is up to the Customer to check the correctness of the Order and report all errors immediately to the Service Provider. The Order is considered final only after sending to the Customer the confirmation of acceptance by the Service Provider by email or post or by signing the contract in case of reservation at the place where the Service Provider trades its Services.

Each order placed on the festilux.co.uk website constitutes a contract concluded remotely between the Customer and the Service Provider.

Each order is nominative and cannot be transferred under any circumstances.

ARTICLE 3 - RATES

The Services offered by the Service Provider are provided at the applicable rates on the festilux.com website or any other information medium of the Service Provider when the order is placed by the Customer. Prices are expressed in euros, including VAT.

The rates take into account any discounts granted by the Service Provider on the website
www.festilux.nl or any other information or communication medium.

The rates are fixed and not subject to revision during the validity period as stated on the website www.festilux.nl, in the email or in the written offer to the Customer. After this validity period, the offer is no longer valid and the Service Provider is no longer required to adhere to these rates.

3.1. Lodging TAX
The lodging tax collected on behalf of the municipality/communauté des communes is not included in the rates. The amount is determined per person and per day. The tax must be paid upon payment of the Service and is shown separately on the invoice.

ARTICLE 4 - PAYMENT TERMS

4.1. ADVANCE
The amounts paid in advance constitute an advance payment. This is a credit against the total price owed by the Customer.

An advance payment corresponds to 50% of the total price of delivery of the ordered Services and is due when the Customer places the order.

The Service Provider will not refund this amount in the event of cancellation of the stay by the Customer less than 90 days before the scheduled arrival date (except in the cases provided for in Article 6.4 of these General Terms and Conditions of Sale).

The balance of the stay must be paid in full 30 days prior to the scheduled arrival date (subject to cancellation of the duration)

4.2. PAYMENTS
Payments made by the Customer shall be considered final upon actual collection of amounts due to the Service Provider.

4.3. NON-COMPLIANCE OF PAYMENT CONDITIONS
In addition, in case of non-compliance with the payment conditions mentioned above, the Service Provider reserves the right to suspend or cancel the delivery of the Services ordered by the Customer and/or the performance of its obligations following a notice of default that has not been responded to.

ARTICLE 5 - DELIVERY OF PERFORMANCE

5.1. DEPARTMENT AND USE OF PRESTATION
The accommodation and its pitch can be put into use from 4 p.m. on the day of arrival and must be left before 10 a.m. on the day of departure.

The balance of the stay must be paid in full:

  • 30 days prior to arrival date (under penalty of cancellation of rental);

The accommodations are intended for rental for a certain number of guests and under no circumstances may more persons be present in/on the accommodations. It is strictly forbidden to add another accommodation of any kind.

The accommodations and pitches are left in the same state of cleanliness on departure as they were on arrival. Damage to the accommodation or accessories will result in immediate repair at the tenant's expense. The inventory at the end of the stay must be identical to the inventory at the beginning of the stay.

ARTICLE 6 - LATE ARRIVAL, EARLY DEPARTURE OR CANCELLATION OF THE STAY BY THE CUSTOMER
No discount will be given in case of late arrival, early departure or a change in the number of persons (for both all or part of the stay).

6.1. CHANGE
In case of change of dates or number of persons, the Service Provider will do its best to accept the request to change the date subject to availability and without prejudice to the right to charge any additional fees; in all cases it is a simple resource obligation, the Service Provider cannot guarantee the availability of an accommodation or a different date; in these cases additional fees may be charged.

Requests for shortening the stay are treated by the Service Provider as a partial cancellation and are therefore subject to the provisions of Article 6.3.

6.2. SUBJECT
Early departure shall not give rise to any refund by the Service Provider.

6.3. CANCELLATION
- Cancellation before the 90th day prior to the scheduled arrival date: the cancellation will take place free of charge and the Service Provider will refund the full amounts paid;
- Cancellation from the 90th to the 31st day prior to the scheduled arrival date: 50% of the total amount of the stay retained by the Service Provider (this corresponds to the amount of the deposit);
- Cancellation from the 30th to the 16th day prior to the scheduled arrival date: 75% of the total amount of the stay retained by the Service Provider;
- Cancellation from the 15th day to the scheduled arrival date: 100% of the total amount of the stay retained by the Service Provider.

6.4. CANCELLATION DUE TO PANDEMIC
6.4.1. As an exception to Article 6.3 CANCELLATION, in the event of total or partial closure of the establishment during the dates of the reserved stay (to which is equated a total or partial ban on receiving the public, insofar as the application of this measure directly concerns the Customer) as a result of a governmental decision that is not imputable to the Service Provider, the amounts paid in advance by the Customer for reservation of the stay that cannot be performed will be refunded in accordance with the legislative and regulatory provisions governing the closure in question and its consequences.

However, the Service Provider is not obliged to pay an additional fee in addition to the refund of the amounts already paid for the reservation of the stay.

6.4.2. Cancellations of the stay due to the fact that the Customer has contracted COVID 19 (infection) or any other infection covered by the pandemic or has been identified as contact, which prevents his/her participation in the stay on the scheduled dates, shall not be eligible for cancellation or refund by the Service Provider.

6.4.3. In case the Customer has to cancel their entire stay as a result of government measures that prevent the participants from moving (general or local lockdown, travel ban, closure of borders), while the Festilux is able to fulfill its obligations and receive the Customers, the Service Provider is not obliged to provide any specific refund. In this case, reference is made to article 6.3 CANCELLATION.

ARTICLE 7 - OBLIGATIONS OF THE CUSTOMER

7.1. LEGAL LIABILITY INSURANCE
The Customer staying on a pitch or in accommodation must take out civil liability insurance. A declaration of insurance may be requested from the Customer before the start of the service.

7.2. PETS
Pets are not allowed at Festilux.

7.3. INTERNAL RULES
The internal rules are displayed at the entrance to the establishment and at the reception desk. The Customer must read and comply with them. It is available upon simple request.

ARTICLE 8 - OBLIGATIONS OF THE SERVICE PROVIDER - WARRANTY

The Service Provider guarantees the Customer in accordance with legal provisions and without additional payment against all conformity and hidden defects resulting from a defect in the design or execution of the ordered Services.

To exercise its rights, the Customer must inform the Service Provider in writing with proof of receipt within a period not exceeding 24 hours from the provision of the Services of the existence of the conformity or bent defects.

The Service Provider shall proceed to refund or repair by itself or a third party (to the extent possible) of the services deemed defective as soon as possible and at the latest within 2 days of the Service Provider's determination of the defects or deficiencies. The refund shall be made by crediting the Customer's bank account or a check in the Customer's name.

The Service Provider's guarantee is limited to reimbursement of the Services actually paid for by the Customer. The Service Provider cannot be held liable and cannot be considered negligent in the event of late or non-performance due to force majeure as customarily recognized by French case law.

ARTICLE 9 - PROTECTION OF PERSONAL DATA

The Service Provider, preparer of these terms and conditions, processes personal data on the following legal grounds :

  • Either the legitimate interest of the Service Provider for the following purposes :

- prospecting,
- relationship management of clients and prospects,
- the organization, registration and invitation to events of the Service Provider,
- the processing, execution, prospecting, production, management, follow-up of client requests and files,
- the preparation of deeds on behalf of clients.

  • Either compliance with legal and regulatory obligations in processing for the purposes of :

- the prevention of money laundering and terrorist financing and the fight against corruption,
- billing,
- accounting.

The Service Provider retains data only for the duration necessary for the operations for which it was collected and in accordance with applicable laws and regulations.

Therefore, customer data are kept for the duration of contractual relations plus 3 years for the purpose of animation and prospecting purposes, without prejudice to retention or statute of limitations obligations.

For the purpose of prevention of money laundering and financing of terrorist activities, data will be kept for 5 years after the end of relations with the Service Provider. For the purpose of accounting, data will be kept for 10 years from the date of closure of the fiscal year.

Personal data will be kept for 3 years if no participation in or registration for events of the Service Provider.

The data processed is intended for persons authorized by the Service Provider.

Under the conditions stated in the Law Informatics and Freedoms and the European Data Protection Regulation, natural persons have the right to access, rectify, access, limit, transfer and delete concerning their data.

The individuals affected by data processing also have the right to object at any time, for reasons related to their specific situation, to the processing of personal data based on the legitimate interest of the Service Provider and the right to object to commercial prospecting.

They also have the right to establish general and special directives on how they wish the said rights to be exercised after their death :

- by sending an e-mail to : info@festilux.nl
- or a letter to the following address: Festilux, La Griffonnière 89220 Saint Privé, France. Data subjects have the right to file a complaint with the CNIL.

ARTICLE 11 - INTELLECTUAL PROPERTY

The content of the festilux.co.uk website is the property of the Service Provider and is protected by French and international intellectual property laws.

Reproduction, distribution or use of all or any part of the content is strictly prohibited and may constitute counterfeiting.

The same applies to names, logos and in a broader sense all graphic representations or texts owned, used or distributed by the Service Provider.

ARTICLE 12 - GOVERNING LAW - LANGUAGE

These General Conditions of Sale and the resulting operations are governed by and subject to French law.

These General Terms and Conditions of Sale have been drawn up in Dutch. In case of translation into one or more foreign languages, only the Dutch version is legally valid in case of disputes.

ARTICLE 13 - DISPUTES

All disputes that may arise from purchases and sales made under the application of these general terms and conditions of sale shall be submitted to the competent courts under the terms of common law concerning their validity, interpretation, execution, termination, consequences and continuation, if they cannot be resolved amicably between the Service Provider and the Customer.

The Customer is advised that at any time in the event of a disagreement he may have recourse to a conventional mediation procedure or any other alternative means of dispute resolution.

ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE

Prior to placing his Order, the Customer acknowledges having received, in a legible and comprehensible manner, these General Conditions of Sale and all other information and data envisaged in articles L 111-1 to L111-7 of the Consumer Code, in addition to the information required under the Order of 22October 2008 in connection with the prior information of the consumer on the characteristics of the:

- the essential characteristics of the Services, taking into account the communication medium used and the Services concerned;
- the price of the Services and additional costs;
- the information related to the identity of the Service Provider, its postal details, telephone number and e-mail and its activities, if this does not become clear in the context
- information related to the legal and contractual guarantees and performance conditions; the function of the digital content and, where appropriate, the interaction between them;
- the possibility of recourse to conventional mediation in case of a dispute;
- information related to the termination terms and other important contractual conditions.

The placing of an order by a natural or legal person on the Festilux.co.uk website constitutes full and irrevocable consent to and acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer who, in particular, waives recourse to any contradictory document on which he might rely against the Service Provider.