Terms & Conditions of Sales
PREAMBLE
To facilitate reading this document, the General Terms and Conditions of Sale are hereinafter referred to as "GTC" throughout. As owners of the premises, we are committed to personally welcoming you with all the necessary care to ensure a pleasant stay and help you discover our region. Our bed and breakfast accommodation, table d'hôtes service, and wine tourism activities are carried out professionally and constitute our commercial activity. VINOGREEN SAS (1), of which we are the managers, is duly registered with the Perpignan Trade and Companies Register (RCS).
Our bed and breakfast complies with the provisions of Articles D. 324-13 and D. 324-14 of the French Tourism Code. These Terms and Conditions are intended to inform you about the terms of accommodation, booking and cancellation, as well as our respective responsibilities. These terms and conditions govern the booking agreement between you, the customer, and us, Laurent DAL ZOVO, manager of SAS VONOGREEN: via our website: www.clos-st-andre.com , by email to contact@clos-st-andre.com , by mail to "Clos Saint André – 14 rue Edouard Herriot – 66650 Banyuls-sur-Mer", or via any online tourist accommodation booking website (such as booking.com or www.airbnb.fr ) according to the specific guidelines of that website. These terms and conditions are subject to change at any time without notice.
ARTICLE 1: LENGTH OF STAY
As the signatory of the reservation contract, concluded for a number of people and rooms, and a fixed period, you may not under any circumstances claim any right to remain on the premises beyond this period.
ARTICLE 2: DESCRIPTION OF THE STAY OFFER
The daily accommodation package includes: accommodation in a private room with toilet and shower room, and breakfast for one or two people.
The holiday package consists of inseparable components. Your choice not to use one of these components during your stay does not entitle you to any reduction in the price of the holiday package. Our rates and offers are subject to availability at the time of booking and may not be carried over to future bookings.
The sale of our holiday offer complies with the professional and commercial rules in force in France and available online (2).
ARTICLE 3: RATES
The prices of the stay offers indicated on the website www.clos-st-andre.com , owned by SAS Vinogreen, are the only prices considered contractual. Prices are inclusive of all taxes (VAT and tourist tax) in euros (€). They do not include any commission related to bookings made through any online travel booking website other than www.clos-st-andre.com . Therefore, prices displayed on any other online booking site besides that of SAS Vinogreen (such as www.booking.com or www.airbnb.fr ) apply only to bookings made on those sites. Regardless of the website used, the prices quoted are per room, per night, for the chosen period, for up to two people.
Currently, the municipality of Banyuls-sur-Mer includes a tourist tax in the room rates. In all cases, conditions, rates, and offers are subject to change without notice.
However, the final payment – whether or not a deposit was paid – is the rate displayed on the website you used on the day of your booking. Our rates are discounted for longer stays (-4% for 3 to 4 nights, -10% for longer stays). However, the discount corresponding to the length of your stay will only be applied after your departure and will be included on your final invoice. This discount applies only to stays booked through our website www.clos-st-andre.com , excluding all other websites.
ARTICLE 4: BOOKING PROCEDURES
Your reservation will only be considered confirmed after payment of the deposit and crediting of the Vinogreen SAS bank account. This credit will be deducted from your final invoice. The deposit represents 30% of the total price of your stay, starting from the first night and regardless of the number of people or rooms booked.
Your stay can be booked online via a website (3), by email, or by telephone. Website: www.clos-st-andre.com . After completing the online booking form and accepting the Terms and Conditions, you will automatically receive an email from the website www.clos-st-andre.com . Payment can be made by bank check drawn on a French bank, payable to SAS Vinogreen, or by bank transfer (exclusively in Euros to Société Générale bank account of SAS Vinogreen – IBAN: FR 76 3000 3004 9200 0205 0454 811 – BIC: SOGEFRPP). Transfer fees are the sole responsibility of the sender. The sender's name and the name on the booking must be identical.
Vinogreen SAS will send you your rental agreement directly by email. Once the Vinogreen SAS bank account has been credited, the rental agreement will be considered accepted by both parties and your reservation will be confirmed and registered.Email or telephone: Upon receipt of any reservation request by email or telephone, Vinogreen SAS will send you a rental agreement, these Terms and Conditions, and your deposit invoice by email. If you accept the terms of the Rental Agreement, you will make your payment using one of the methods offered below: either by bank check drawn on a French bank, made payable to Vinogreen SAS, or by bank transfer (exclusively in Euros to Société Générale Bank, to the Vinogreen SAS account – IBAN: FR76 3000 3004 9200 0205 0454 811 – BIC: SOGEFRPP). Transfer fees are the sole responsibility of the sender. The sender's name and the name on the reservation must be identical. After the Vinogreen SAS bank account has been credited, the rental agreement will be considered accepted by both parties, and your reservation will be confirmed and registered.In all cases and unless otherwise expressly agreed by SAS Vinogreen, the deposit payment must be made no later than 5 working days from your reservation on our website or from receipt of your deposit invoice.
Consequently, when the booking is made less than 5 working days before the start date of the stay, and for your peace of mind, the deposit must be paid using a payment card over the phone.
Airbnb.fr website: When you book on www.airbnb.fr , the applicable booking and cancellation conditions are those displayed on the website during your online booking process. Airbnb handles the payment for your stay and, upon its completion, transfers the payment for our service to us. Therefore, the confirmation you receive from Airbnb constitutes acceptance of your booking by us. As soon as Vinogreen SAS is notified of your booking, it will be registered on our website www.clos-st-andre.com , and we will send you the Terms and Conditions by email. The website booking.com only facilitates your contact with Vinogreen SAS.
When the booking.com website notifies us of your reservation, we register it ourselves on our site and contact you to finalize it. The terms and conditions described in paragraph 1 of this article (1. Website www.clos-st-andre.com ) and therefore our General Terms and Conditions apply fully to the reservation, deposit payment, confirmation, and registration of your stay. In all cases described in this article 4:
Vinogreen SAS reserves the right to accept any reservation without a deposit, provided that it has received from you, either by mail or email, a copy of your signed rental agreement before your arrival. All reservations are made for a specific number of people. If the number of people arriving at the start of your stay exceeds the number specified in the reservation, Vinogreen SAS is entitled to refuse entry to the additional guests. This refusal cannot under any circumstances be considered a modification or breach of contract by Vinogreen SAS; therefore, if more guests depart than were refused entry, no refund will be issued.
The payment of the deposit implicitly signifies your acceptance of these Terms and Conditions.
ARTICLE 5: RIGHT OF WITHDRAWAL
In accordance with current regulations (articles L.121-20-2 and L.121-20-4 of the Commercial Code), the right of withdrawal does not apply to the provision of accommodation services.
ARTICLE 6: MODIFICATION OF THE STAY BY YOU
Any change to the date, identity, or number of participants will cancel the reservation, which must then be made again. You must send a new request directly to SAS Vinogreen, either by mail or email (to the addresses listed in the preamble).
This modification request will only be effective once SAS Vinogreen has confirmed its acceptance by mail or email.
ARTICLE 7: CANCELLATION OF YOUR STAY BY YOU
Except for reservations made via the website www.airbnb.fr, where the cancellation conditions are those described on that same website, any cancellation of the stay must be requested directly from SAS Vinogreen, either by post or by email to the addresses respectively listed in the preamble hereto (the timestamp of receipt of the email or that of sending the post shall be proof).
If the cancellation occurs more than 14 days before the scheduled arrival date, the deposit paid at the time of booking will be refunded.
If the cancellation occurs 14 working days before the arrival date, the deposit paid at the time of booking will be retained.
ARTICLE 8: MODIFICATION OF THE LENGTH OF STAY DURING YOUR STAY
If you leave Clos Saint André before the scheduled end of your stay, regardless of its duration, SAS Vinogreen will charge you for the services corresponding to the duration of the stay booked.
ARTICLE 9: CANCELLATION INSURANCE
Vinogreen SAS draws attention to the fact that no cancellation insurance is included in its rates. You are therefore strongly advised to take out a policy with an insurance company of your choice. Article 10: Cancellation of stay by the owner
If, before the start of the stay, SAS Vinogreen has to cancel the reservation for any reason whatsoever, it must immediately inform you by any means that you have made available to it during your reservation, and in a manner adapted to the time available.
Without prejudice to any claims for compensation for damages that may have been suffered, you will be immediately and fully reimbursed by check or bank transfer for the sums you have already paid.
ARTICLE 11: ARRIVAL TIME
You will be welcomed on the day of your arrival, from 3:00 PM to 6:00 PM. For your comfort and peace of mind, we would appreciate it if you could inform us of your expected arrival time.
In case of delay, please notify us by telephone at +33 (0)6 32 98 36 70 or +33 (0)468 88 31 04 so we can arrange to collect your keys. Unless otherwise agreed, we cannot accommodate you after 7:00 PM.
ARTICLE 12: DEPARTURE TIME
On the last day of your stay, check-out time is from 8:00 AM to 11:00 AM at the latest. After 12:00 PM, you will be charged for an additional night.
ARTICLE 13: PAYMENT OF THE BALANCE FOR ACCOMMODATION
A final invoice is issued to you at the end of your stay and includes the amount of your stay or the balance thereof and any additional consumption and services not included in the reservation.
Your final bill is due on the morning of your departure day:
by payment card (Carte Bleue, Visa, Mastercard. American Express cards are not accepted)
by bank check from an institution domiciled in France, (For company checks, a K-BIS extract and proof of identity are required.)
in cash.
ARTICLE 14: ROOM CHANGE
Without any entitlement to compensation, Vinogreen SAS reserves the right to change the room you initially booked to a room of the same or higher capacity. In such a case, the cost of the reservation remains unchanged.
ARTICLE 15: BREAKFAST
Breakfast is served as guests arrive, from 8:30 to 10:00, either in your room or outside depending on the season and weather.
ARTICLE 17: PETS
For hygiene reasons and for your peace of mind, pets are not accepted, except with express agreement issued by SAS Vinogreen at the time of booking, in this case for assistance dogs for blind or visually impaired people.
If this clause is not respected, Vinogreen SAS's refusal to accept the animals and their owners cannot be considered a modification or breach of contract initiated by the owners. Therefore, in the event of the client's departure, no refund will be issued.
ARTICLE 18: LIFESTYLE AND USE OF PREMISES
To ensure the peace and quiet of the premises and your comfort, you agree to respect the rules of conduct set out in these Terms and Conditions and displayed in the room(s) you occupy, namely:
The entire Clos Saint André is non-smoking, and it is therefore forbidden to smoke or light candles in the room(s) you occupy as in any common area.
Because of our geographical location and local regulations regarding Forest Fire Protection (DFCI), it is forbidden to light any fire (barbecue, candle, campfire, etc.) and to smoke outdoors outside of secure areas dedicated to these activities.
Therefore, a designated smoking area is specially arranged outdoors for their benefit (equipped with armchairs, a table, and ashtrays) and constitutes the only authorized place on the Clos Saint André estate.
You have free access to your room(s) and all common areas throughout your stay, without time restrictions. Therefore, if you return late (at night), we ask that you maintain absolute silence for the peace and quiet of all guests.
Whether your meals are taken on the terrace or by the pool or in the garden, either on the property in an outdoor area suitable for picnics, or outside the grounds, but in no case in the room(s) you occupy.
You agree to return the room(s) you occupy at the end of your stay in the same condition as when you took possession of them upon arrival (excluding cleaning) and to systematically declare and financially assume any damage for which you are responsible throughout the Clos Saint André estate.
That the kitchen is not left at the guests' free disposal.
Minors on the property are placed under the sole and full responsibility of their parents or persons having authority over them.
That SAS Vinogreen will not accept any responsibility for loss, theft and/or damage or injury to property and/or persons on the property, regardless of the cause.
That you agree to adopt a courteous attitude at all times towards any person also present on the premises, such as other customers, visitors or owners.
Please inform us in advance of the presence of any person (family, friends, etc.) whose visit you would like during your stay at Clos Saint André.
Furthermore, you are strongly urged not to throw anything other than the toilet paper provided in the toilet.
You are also asked not to use the provided towels for removing makeup or cleaning shoes, and to take care not to stain sinks, washbasins, or tiled surfaces with makeup or shoe polish. Vinogreen SAS reserves the right to charge for the replacement of towels and/or linens stained by these products.
If you forget any belongings of any kind in your room at the end of your stay, they can be shipped to you, at your request and at your expense.
ARTICLE 19: LIABILITY
You attest that you are an adult and are covered by Civil Liability insurance covering your liability and that of members of your family.
Vinogreen SAS certifies that it holds a professional liability insurance policy covering its activities related to its bed and breakfast business. Regarding your use of the website www.clos-st-andre.com , Vinogreen SAS informs you that the protection of personal data cannot be guaranteed on an open network such as the Internet. In particular, other internet users may, where appropriate, be able to disrupt network security and monitor certain information exchanges. You are solely responsible for the data transmitted via the Internet and stored on web servers.
ARTICLE 20: USE OF THE PARKING AREA AVAILABLE TO YOU
Clos Saint André has a car park on its premises, intended for the parking of its customers' vehicles.
With the exception of the day of your arrival and the day of your departure when your vehicle may temporarily park in front of the Clos steps, it must be parked in the car park during your stay.
Vinogreen SAS cannot be held responsible for any damage to, theft or break-in of parked vehicle(s) during your stay.
ARTICLE 21: MAINTENANCE
Cleaning can be done in the room(s) you occupy, every day at your convenience.
Towels and bed linen are changed every three days for extended stays.
ARTICLE 22: DATA PROTECTION
Vinogreen SAS informs you that your rental agreement, deposit and end-of-stay invoices, and therefore some of your personal data, are recorded for customer relationship management purposes, particularly in the context of the execution of these Terms and Conditions. In accordance with the provisions of the French Data Protection Act (law no. 78-17 of 6 January 1978), the website www.clos-st-andre.com , owned by Vinogreen SAS, has been registered with the French Data Protection Authority (CNIL) under number <<<<<<<<< for the use of customer personal data.
You have the right to access, rectify, or delete your personal data. These rights can be exercised by submitting a written and signed request to Vinogreen SAS.
This request must be accompanied by a copy of an identity document bearing the holder's signature, and specify the address to which the reply should be sent. Vinogreen SAS undertakes to respect the strictest confidentiality regarding your personal data and not to disclose, under any pretext whatsoever, the information to which it has access during its services.
ARTICLE 23: CLAIMS
All complaints should be addressed to SAS Vinogreen:
by post to Clos Saint André, 14 rue Edouard Herriot, 66650 Banyuls-sur-Mer
ARTICLE 24: DISPUTE
This contract is governed by French law. All disputes arising from this contract, concerning its validity, interpretation, performance, termination, consequences and subsequent effects, shall be submitted to the competent courts under the conditions of ordinary law.
The language of these Terms and Conditions is French.
END OF TERMS AND CONDITIONS
References to texts: (1) SAS VINOGREEN – With a capital of 2.€000, registered with the Perpignan Trade and Companies Register – Siret 822 255 865 00013 – NAF 7490B – VAT: FR 86 822 255 865: Article 19 of Law No. 2004-575 on Confidence in the Digital Economy (LCEN) – Consumer Code: Articles L.111-1 and 2 – consumer information obligations – Articles L.121-1 et seq. – for misleading practices – Article L. 121-19 – distance selling of goods and services – Articles L.122-11 to L.122-15 – for aggressive practices – Articles L.121-21 et seq. – right of withdrawal. Civil Code: Articles 1369-4 and 5 – regime of the sales contract concluded on the internet (3): Online booking compliant with the rules of E-commerce (Article L. 111-1 and Article L. 111-2 of the Consumer Code – Article 19 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Articles L. 121-16 to L.121-24 of the Consumer Code)