70 Rue du Puy du Fou

85590 Les Épesses

FRANCE

+33970192626

Accueil / GTC

GENERAL TERMS AND CONDITIONS OF SALE

DEFINTIONS :

 

ORDER or RESERVATION or RENT : Purchase of services. 

 

SERVICES : Rental accommodation..

 

ACCOMMODATION:  : Light leisure dwellings.

 

ARTICLE 1- FIELD OF APPLICATION

These General Terms and Conditions of Sale apply, without restriction or reservation, to all of the rental accommodations offered by Domaine Mélusine to non-professional clients on its website www.domainemelusine.com.

The main characteristics of the Services offered are presented on the website www.domainemelusine.com.

The Customer is required to read the website before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.

The address of the Provider is the following: 70 Rue du Puy du Fou 85590 Les Epesses.

These conditions apply to the exclusion of all other conditions, and in particular those applicable with other marketing service channels.

These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, if necessary, on any other version or any other contractual document.

Unless demonstrated differently, the data recorded in the provider’s computer system are used as proof for all transactions made with the Customer.

In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, the right of access, rectification, and opposition to all of his personal data by justifying his identity and writing a mail to: 70 du Rue Puy du Fou 85590 Les Epesses.

Prior to beginning the Online Order procedure on the website www.domainemelusine.com, the Customer declares to have read the General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose.

These Terms and Conditions of Sale may be subject to modifications, however, the applicable version of Terms and Conditions of Sale is the one the Customer viewed via the website at the moment of his purchase.

 

ARTICLE 2 – RESERVATIONS

According to the following modalities, the Client selects on the website the services that he wishes to order: Selecting the property according to the needs of the customer, selecting the options of the stay, filling in the fields of identification of the customer, processing the online payment by credit card, waiting for the confirmation email or refusal through Domaine Mélusine./span>

It is the Customer’s responsibility to check the accuracy of the Order placed and to report any errors immediately. The Order will not be considered as final until having accepted the general conditions of sale. During the online booking, the Customer receives a confirmation email or a decline of the offer by the Provider.

Any Order placed on the website href=”https://www.domainemelusine.com”>www.domainemelusine.com leads to a contract concluded at distance between the Customer and the Service Provider.

All orders are personal and cannot in any way be given up.

 

ARTICLE 3 – PRICING

Services are offered, when the order is registered by the Service Provider at the price rates that are in effect on the website www.domainemelusine.com. The prices are expressed in Euros, HT and TTC.

Prices may vary according to reductions that may be granted by the Service Provider on the website www.domainemelusine.com.

These prices are fixed and are no subject to alteration during their validity period. As stated on the website www.domainemelusine.com, the Service provider reserves the right, to modify prices at any time, outside of the mentioned validity period.

The prices do not include processing and management fees, which are charged in addition, under the conditions indicated on the website www.domainemelusine.com and calculated prior to the placement of an Order.

The payment requested from the Customer corresponds to the total cost of the purchase.

An invoice is established by the Provider and delivered to the Customer upon request.

 

3.1. TOURIST TAX

The tourist tax, collected on behalf of the town of Les Epesses is not included in our prices. The sum is determined by the quantity of guests over 18 years arriving and the amount of nights the guests are staying. In addition the fee to be paid varies depending on the destination. Domaine Mélusine asks their guests to pay the tourist tax upon arrival.

 

ARTICLE 4 – PAYMENT TERMS

 

4.1. DEPOSIT

A deposit equal to 30% of the total price of the Services ordered, is required by the Customer when placing the order. This deposit must be paid upon receiving the rental agreement and must be attached to the copy to be returned. The deposit will be deducted from the price but will not be refunded by the Provider in case of a cancellation less than 30 days prior the date of arrival.

The deposit is payable in cash, on the day of receiving the Services, under the conditions defined in the article “Service provision” (to be found below).

If the reservation occurs less than 30 days before the start of the services ordered, the amount of the deposit represents the entire balance of the stay.

 

4.2. PAYMENTS

Payments made by the Customer will be considered as final, only after the actual imbursement of the sums requested by the Service Provider. The entire balance must be paid at least 30 days before the beginning of the services ordered.

Late payment will result in the immediate request to pay for the full service that is due by the Client to the Provider, without prejudice to any further action that the Provider would be entitled to bring against the Customer.

In case of non-payment on the dates indicated, a reminder email will be forwarded to the address specified by the Customer, when the stay was booked. If left by the Client without any notice, a call will be issued 2 days after the email has been sent. Should the Customer not contact the Provider within the following 5 days after the call, the reservation will be cancelled. The customer will immediately be informed about this cancellation, as a second email will be sent to the same address.

 

4.3. NON-COMPLIANCE WITH THE AGREED PAYMENT CONDITIONS

In addition, the Service Provider reserves the right, in case of non-compliance with the terms of payment listed above, to suspend or cancel the reservation of the Services ordered by the Customer and / or to suspend the fulfilment of its obligations.

 

4.4. MEANS OF PAYMENT

No additional cost, higher than the costs incurred by the Service Provider for the use of a means of payment, may be billed to the Customer.

 

ARTICLE 5 – PROVISION OF SERVICES

 

5.1. ACCOMMODATION

The guest can enter the rented accommodation from 15:00 on the day of arrival and must leave by 10:00 on the day of departure.

The balance of the stay must be fully paid 30 days before the date of arrival (otherwise the reservation for the accommodation can be cancelled).

The accommodation is available for a specific number of occupants and cannot, in any case be occupied by a superior number of guests than indicated when the booking has been made. Any over-occupation of a holiday home leads to the immediate expulsion from the estate without any financial compensation.

A rental accommodation must be left in the exact same state of cleanliness as upon arrival. If not so, the tenant must pay a lump sum amounting to 10% of the balance of his stay (including a minimum) of 30 € for the cleaning service. Any degradation of the accommodation or its furniture will result in an immediate need for restoration, which will be at the expense of the tenant. The state of the inventory at the end of lease must be exactly the same as the one at the beginning of the lease.

 

5.2 SECURITY DEPOSIT

As a guarantee of the provisions of the article entitled ACCOMMODATION, a security deposit of a minimum of 300 €is required by the tenant at the day the keys are handed over and is returned to him at the end of the stay. The deposit is returned under the restriction of possible expenses for restoration that need to be made because of deterioration that occurred during the guest’s stay.

The deposit does not lead to restricted liabilities.

 

ARTICLE 6 – DELAY, INTERRUPTION OR CANCELLATION OF THE STAY BY THE CUSTOMER

No reduction will be granted in the case of a late arrival, an early departure or a change in the number of people arriving (either for the entire or simply a part of the planned stay).

For any delay that has not been mentioned, the rental becomes available 24H after the date of arrival and as stated on the contract of reservation. If the delay lasts any longer, and is not communicated via a written message, the reservation will be annulled and the deposit will remain with Domaine Mélusine.

 

6.1. MODIFICATION

In case of a wish for modification, of the dates or the number of guests arriving, the Service Provider will attempt to accept as many of the requests that need to be altered as possible (these must be within the limits of availability). Any request to reduce the length of a stay will be considered by the Service Provider as a partial cancellation.

 

6.2. INTERRUPTION

An early departure cannot lead to any kind of refund from the latter.

 

6.3. CANCELLATION

In any case of cancellation of the Reservation made by the Customer and after acceptance of the Service Provider at least 30  days before the scheduled rental date, and for any reason other than force majeure, the paid deposit for the Booking will be cashed.
If a cancellation of the Reservation by the Customer has been made and got accepted by the Service Provider at least 15 days prior the scheduled rental date, and for any reason other than force majeure, the total balance paid for the Booking will be cashed.

In case of a cancellation made by the Domaine Mélusine, except in case of force majeure, the stay will be fully refunded. This cancellation however cannot incur the payment of damages and interest.

 

6.4 TERMS OF PAYMENT of the current General Conditions of Sale will be automatically acquired by the Service Provider and will not entitle to any refund.

 

ARTICLE 7 – RESPONSIBILITY OF THE CUSTOMER

 

7.1. CIVIL LIABILITY

The Client hosted on the site or in an accommodation must be insured through civil liability. A certificate of insurance may be requested from the Client before the start of the service offered.

 

7.2. ANIMALS

Pets (cats and dogs) are accepted (one animal per rental accommodation), except those of 1st and 2nd category. These animals fall under the responsibility of their owners. It is not allowed to leave your pet alone in the rental accommodation. The animals must be under constant surveillance by responsible adults and must be kept on a lead when walking through the estate. Failure to comply with these rules will result in the immediate expulsion of the estate, without compensation.

 

7.3. RULES OF PROCEDURE

Rules of procedure are posted at the entrance of the establishment and the reception. The Customer is required to read and respect these.

 

ARTICLE 8 – RESPONSIBILITY OF THE PROVIDER – GUARANTEE

The Service Provider represents and warrants to be entitled to provide the Service under the laws and regulations applicable to the Service, without any additional costs or any lack of conformity, arising from a fault in design, materials or the Services offered.

In order to assert his rights, the Customer must inform the Service Provider, in writing, about the existing defects or flaws of conformity within a maximum period of 15 days from the provision of the Services.

The Service Provider will at the latest within 15 days following the recognition of the named flaw, reimburse or rectify (as far as possible) the services deemed to be defective. The refund will be made and sent to the Customer’s bank account or a check will be sent to the Customer.

The Service Provider’s guarantee is limited to the reimbursement of Services actually paid for by the Client and the Service Provider cannot be held responsible for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.

The Services offered through the Provider’s website www.domainemelusine.com comply with the regulations in force in France. The liability of the Service Provider cannot be engaged in case of non-compliance with the legislation of the country, in which the Services are provided.

 

ARTICLE 9 – RIGHT OF WITHDRAWAL

Activities related to the organization and sale of stays or excursions on a specified date or period are not subject to the withdrawal period applicable to distance selling. The legal provisions relating to the right of withdrawal in case of distance selling provided by the Consumer Code are not applicable to tourist services (Article L.121-20-4 of the Consumer Code).

 

ARTICLE 10 – DATA PROTECTION AND FREEDOM OF INFORMATION

Pursuant to Law 78-17 of 6 January 1978, it is recalled that personal data requested from the Customer are necessary for the processing of the Order and the preparation of invoices.

This data may be communicated to the Seller’s potential partners responsible for the execution, processing, management and payment of Orders.
The processing of information communicated through the website www.domainemelusine.com has been declared to the CNIL.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition regarding personal information.
This right may be exercised under the conditions and according to the conditions defined on the website www.domainemelusine.com.
Under no circumstances will the customer’s personal data be sold or assigned by the service provider.

 

ARTICLE 11 – INTELLECTUAL PROPERTY

The content of the website www.domainemelusine.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may represent a forgery offense.

In addition, the Contractor retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer) for the provision of Services to the Customer. The Customer therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the expressed written consent of the Provider who may condition it to a financial contribution.

 

ARTICLE 12 – ARTICLE 12 –  IMAGE RIGHT

 

During the Customer’s stay, the latter may be photographed or filmed for the Provider’s advertising needs. The Customer is informed that it is his responsibility to report in writing to the Provider, as soon as he arrives at the reception, his possible opposition to this practice.

 

ARTICLE 13 – APPLICABLE LAW – CONTRACT LANGUAGE

These General Terms and Conditions of Sale and the transactions arising therefrom 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 be valid in case of dispute.

 

ARTICLE 14 – DISPUTES

All disputes to which the purchase and sale transactions entered into under these General Conditions of Sale may give rise, concerning their validity, interpretation, their execution, their termination and their consequences and which cannot be resolved between Domaine Mélusine and the Customer will be subject to the competent courts under the terms of common law. The Client is informed that he may in any event resort, in case of dispute, to a conventional mediation procedure or any other alternative method of dispute resolution. In accordance with the provisions of Article L 612-1 of the French Consumer Code, any client at Domaine Mélusine has the right to have a free of charge mediator with an interest to amicably resolving a dispute.

 

The details of the mediator that the customer can contact are as follows:

In the context of a dispute, you have the opportunity to contact us: – The client must send a registered letter with acknowledgment of receipt to Domaine Mélusine. If the answer does not satisfy the Customer, they can contact the Medicys Mediation Center after one month following the sending of the mails. The Customer must fill in an online file on the following website www.medicys.fr or by mail: Medicys – 73 Boulevard de Clichy – 75009 PARIS

 

ARTICLE 15 – PRE-CONTRACTUAL INFORMATION – ACCEPTANCE OF THE CUSTOMER

The Customer acknowledges that, prior to placing its order, it has received, in a legible and comprehensible manner, these General Conditions of Sale and all the information and particulars referred to in articles L.111-1 to L.111-7 of the French Consumer Code, and in particular:
the essential characteristics of the Services, taking into account the communication medium used and the Service concerned.

 

the price of the Products and their ancillary costs.

 

in the absence of immediate execution of the contract, the date or deadline on or by which Domaine Mélusine undertakes to deliver the Service.

 

information regarding Domaine Mélusine ‘s identity, its postal, telephone and electronic contact details and its activities, if they are not evident from the context.
information regarding the legal and contractual guarantees and the procedures for implementing them.
the features of the digital content and if need be its interoperability.

 

the option of recourse to conventional mediation in the event of a dispute.
information regarding the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and the standard withdrawal form), termination procedures and other important contractual conditions.

 

The fact that, for an individual placing an order on Domaine Mélusine ‘s website, www.domainemelusine.com involves full and entire acceptance of these General Conditions of Sale, something that is expressly recognised by the Customer, which in particular waives reliance on any contradictory document that is unenforceable on Domaine Mélusine.

The site is located in the municipality of Les Epesses, with a distance of 2 minutes by car from the Puy du Fou and the nocturnal show of Cinéscenie, both known as important attractions for tourism in Vendée.
Staying at our site enables you to be at close proximity to the city of Cholet and its oriental gardens. You will also be at a short distance to Nantes and the castles, located around the river Loire. You could easily drive to visit the nautical base of Bretèche and follow its hiking paths, going to the Puy du Fou or to the historical centre of Les Epesses.