Terms and Conditions of Sale
ORDER or RESERVATION or RENTAL: Purchase of Services.
SERVICES: Rental accommodation.
ACCOMMODATION: Light leisure dwellings.
ARTICLE 1 – SCOPE OF APPLICATION
The present General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation on the site offered by the Domaine Mélusine to non-professional customers on its website www.domainemelusine.com.
The main features of the Services are presented on the website www.domainemelusine.com.
The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
The address of the Provider is as follows: 70 Rue du Puy du Fou 85590 Les Epesses.
These terms and conditions apply to the exclusion of all other terms and conditions, including those applicable to other marketing channels for the Services.
These General Conditions of Sale are accessible at any time on the website and will prevail, where applicable, over any other version or any other contractual document.
In the absence of proof to the contrary, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify, and oppose all of his personal data at any time by writing, by mail and proving his identity, to : 70 Rue du Puy du Fou 85590 Les Epesses.
The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose prior to the implementation of the online Order procedure as well as the general terms and conditions of use of the www.domainemelusine.com website.
These General Terms and Conditions of Sale may be subject to subsequent modifications. The version applicable to the Customer’s purchase is the one in force on the website at the time the Order is placed.
ARTICLE 2 – RESERVATIONS
The Customer selects on the site the services he wishes to order, according to the following modalities: Selection of the good according to the needs of the customer, selection of the options of the stay, filling in the fields of identifications of the customer, proceeding to the payment on line by bank card, waiting for the e-mail of confirmation or refusal of the Domain.
It is the Customer’s responsibility to verify the accuracy of the Order and to report any errors immediately. The Order shall only be considered final after the Customer has accepted the terms and conditions of sale during the online booking process and the Provider has confirmed acceptance of the Order by e-mail.
Any Order placed on the website www.domainemelusine.com constitutes the formation of a contract between the Customer and the Provider.
All Orders are nominative and cannot, under any circumstances, be transferred.
ARTICLE 3 – PRICES
The Services offered by the Provider are provided at the rates in effect on the website www.domainemelusine.com, at the time the order is placed by the Provider. The prices are expressed in Euros, exclusive of tax and VAT.
The rates take into account any discounts that may be granted by the Provider on the website www.domainemelusine.com.
These prices are firm and non-revisable during their period of validity, as indicated on the website www.domainemelusine.com, the Provider reserving the right, outside this period of validity, to modify the prices at any time.
They do not include processing and management fees, which are invoiced in addition, under the conditions indicated on the website www.domainemelusine.com and calculated before the Order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon request when the ordered Services are provided.
3.1. TOURIST TAX
The tourist tax, collected on behalf of the commune of Les Epesses is not included in our rates. The amount is determined per person over 18 years old and per night and varies according to the destination. It must be paid upon arrival on the domain.
ARTICLE 4 – PAYMENT CONDITIONS
A deposit corresponding to 40% of the total price of the provision of the ordered Services is required at the time the Customer places the order. It will be deducted from the amount of the fees but not refunded by the Provider in case of cancellation before the scheduled arrival date.
The deposit is payable in cash, on the day of the provision of said Services, under the conditions defined in the article “Provision of Services” below.
If the reservation is made less than 30 days before the beginning of the service, the amount of the deposit represents the entire balance of the stay.
Payments made by the Client shall be considered final only after the Service Provider has received the amounts due. The entire balance must be paid at least 30 days before the start of the service.
Late payment shall result in the immediate payment of all sums due by the Client, without prejudice to any other action that the Service Provider may be entitled to take against the Client in this respect.
In case of non-payment on the dates indicated, a reminder e-mail will be sent to the address indicated by the customer at the time of reservation. If no news from the customer, a call will be issued 2 days after the email. If the client has not returned within 5 days of the call, the stay will be cancelled. The customer will be immediately informed of the cancellation by a second email to the same address.
4.3. NON-COMPLIANCE WITH PAYMENT TERMS
In addition, the Service Provider reserves the right, in the event of non-compliance with the above payment terms, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.
4.4. MEANS OF PAYMENT
The Customer shall not be charged any additional fees beyond the costs incurred by the Provider for the use of a payment method.
ARTICLE 5 – PROVISION OF SERVICES
The accommodation can be occupied from 5 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 before the date of arrival (under penalty of cancellation of this rental).
The accommodations are intended for a specific number of occupants and can in no case be occupied by a greater number of people. Any over-occupation of a dwelling will result in immediate eviction from the Domaine without financial compensation.
The accommodations will be returned in the same state of cleanliness as on delivery. If not, the tenant will have to pay a lump sum amounting to 10% of the balance of his stay (with a minimum of 30€ for the cleaning). Any damage to the accommodation or its accessories will be repaired immediately at the expense of the tenant. The inventory at the end of the rental period must be exactly the same as at the beginning.
5.2 SECURITY DEPOSIT
In guarantee of the provisions of the article ACCOMMODATION, a deposit of 300 € minimum (by bank card) is required from the tenant the day of the handing-over of the keys and is returned to him 48 to 72 hours after the end of the hiring, under possible deduction of the expenses of restoration and the consumptions carried out during the stay taken into account.
This deposit does not constitute a limit of liability.
ARTICLE 6 – DELAY, INTERRUPTION OR CANCELLATION OF STAY BY THE CUSTOMER
No reduction will be granted in the event of a delayed arrival, an early departure or a change in the number of people (whether for all or part of the planned stay).
For any delay not reported, the rental becomes available 24 hours after the arrival date mentioned on the booking contract. After this period, and in the absence of a written message, the reservation will be null and void and the deposit will be retained by the Domaine.
In the event of a change in dates or number of people, the Provider will make every effort to accommodate requests to change the date within the limits of availability. Any request to reduce the duration of the stay will be considered by the Provider as a partial cancellation.
All changes must be made in writing to email@example.com and will be confirmed by email. No changes made by phone will be confirmed.
An early departure will not give rise to any refund from the latter.
If a customer wishes to cancel his stay (totally or partially), he must send a written request to firstname.lastname@example.org.
Concerning the deposits and balances paid for accommodation and catering at the Domaine Mélusine: the terms of reimbursement are as follows:
From the day of arrival to D-31: the deposit and the balance of the stay are due in full without possibility of refund or credit.
From D-32 to 14 days after the reservation date: the amount of the deposit paid is due and will not be refunded (credit or amount).
From the date of reservation and during the following 13 days: the deposit will be refunded, within 5 working days following the processing of the request.
In case of cancellation by the Domaine, except in case of force majeure, the stay will be fully refunded. However, such cancellation shall not give rise to the payment of damages.
Concerning the deposits and balances paid to the benefit of the Grand Parc du Puy du Fou : Entrance to the park (whatever the type of ticket), entrance to the Cinescénie, preferential placement, emotion pass, catering and other related services: PLEASE REFER TO ARTICLE 16.
6.4 PAYMENT CONDITIONS of these General Terms and Conditions of Sale shall be automatically acquired by the Service Provider and shall not give rise to any refund.
ARTICLE 7 – CUSTOMER RESPONSIBILITY
7.1. CIVIL LIABILITY
The Customer lodged on a site or in an accommodation must be insured for civil liability. An insurance certificate may be requested from the Customer before the start of the service.
Animals are not allowed in the Domaine.
7.3. INTERNAL REGULATIONS
Rules of procedure are posted at the entrance of the establishment and at the reception. The Customer is required to take cognizance of it and to respect it.
ARTICLE 8 – PROVIDER’S LIABILITY – WARRANTY
The Service Provider warrants to the Client, in accordance with the legal provisions and without additional payment, against any lack of conformity or latent defect, resulting from a design or manufacturing defect of the ordered Services.
In order to assert its rights, the Customer shall inform the Service Provider, in writing, of the existence of the defects or lack of conformity within a maximum period of 15 days from the provision of the Services.
The Provider shall refund or rectify or cause to be rectified (to the extent practicable) any services found to be defective as soon as practicable and no later than 15 days following the Provider’s discovery of the defect or fault. The refund will be made by crediting the Customer’s bank account or by bank check sent to the Customer.
The Service Provider’s warranty is limited to the reimbursement of the Services actually paid by the Customer and the Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French jurisprudence.
The Services provided through the Provider’s website www.domainemelusine.com comply with the regulations in force in France. The Service Provider shall not be liable for any failure to comply with the laws of the country in which the Services are provided, which the Customer, who is solely responsible for the choice of the Services requested, shall check.
ARTICLE 9 – RIGHT OF WITHDRAWAL
Activities related to the organization and sale of stays or excursions on a specific date or during a specified 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 for by the Consumer Code are not applicable to tourist services (Article L.121-20-4 of the Consumer Code).
ARTICLE 10 – DATA PROCESSING AND LIBERTIES
In accordance with the French law 78-17 of January 6, 1978, we remind you that the personal data requested from the Customer is necessary for the processing of the Order and the preparation of invoices.
This information may be communicated to the Vendor’s partners in charge of the execution, processing, management and payment of the 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 permanent right of access, modification, rectification and opposition with regard to the information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website www.domainemelusine.com.
Under no circumstances will the customer’s personal data be sold or transferred by the 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 forbidden and is likely to constitute an infringement of copyright.
In addition, the Service Provider retains ownership of all intellectual property rights in photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer) for the purpose of providing the Services to the Customer. The Client is therefore prohibited from reproducing or exploiting the said studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of the Service Provider, which may be conditional on a financial consideration.
ARTICLE 12 – IMAGE RIGHTS
During the Customer’s stay, the Customer may be photographed or filmed for the Provider’s advertising purposes. The Customer is informed that it is up to him to inform the Provider in writing, upon arrival at the reception, of his possible opposition to this practice.
ARTICLE 13 – APPLICABLE LAW – LANGUAGE
These General Conditions of Sale and the operations resulting from them are governed 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 will prevail in the event of a dispute.
ARTICLE 14 – DISPUTES
All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which would not have been able to be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
The Customer is informed that he may, in any event, in the event of a dispute, resort to a conventional mediation procedure or any other alternative dispute resolution method.
In accordance with the provisions of Article L 612-1 of the Consumer Code, any customer of the domain has the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute which would oppose him to the operator of the land.
The coordinates of the mediator of the consumption that the customer can seize, are the following ones:
In the event of a dispute, you can contact us in the following manner: – Send a letter by registered mail with acknowledgement of receipt to the Domaine. If you are not satisfied with the answer, you can refer the matter to the Medicys Mediation Centre, after a period of one month following the sending of these letters/emails. You must submit an application online on the following website www.medicys.fr or by mail: Medicys – 73 Boulevard de Clichy – 75009 PARIS
ARTICLE 15 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Client acknowledges having been informed, prior to placing his/her Order, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information and details specified in Articles L111-1 to L111-7 of the French Consumer Code, 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, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;
information on legal and contractual guarantees and their implementation procedures; the functionalities of the digital content and, where applicable, its interoperability;
the possibility of resorting to conventional mediation in the event of a dispute ;
information relating to the terms of termination and other important contractual conditions.
The fact that a natural person (or legal entity) orders on the website www.domainemelusine.com implies full acceptance of these Terms and Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Provider.
ARTICLE 16 – TICKET RESERVATION GRAND PARC PUY DU FOU
16.1- RESERVATION REQUEST
All ticket requests (Grand Parc, Cinescénie, Emotion Pass, preferential placement) must be made in writing to the Domaine (by e-mail or post) specifying the number of tickets expected, the date(s) of the visit(s) desired, the duration (1, 2, 3 or 4 days), the surnames, first names and dates of birth of each participant, including infants or children under 4 years of age at the time of the scheduled visit.
Reception will respond within 48 hours to confirm availability and rates.
For any definitive reservation of tickets at least 30 days before the visit, the rate applied is identical to the Puy du Fou.
Free tickets are applied in accordance with the guidelines of the Grand Parc, and may be revised according to the evolution of the sales conditions of the Grand Parc du Puy du Fou.
For all Grand Parc ticket reservations made more than 6 days in advance, a discount applies.
Grouped ticket sales including several services (entrance ticket to the Grand Parc + Cinescénie, for example), are available (subject to sufficient stock) until the 31st day before the planned visit.
From the 30th day before the date of visit, packages (group sales) are no longer available. Grand Parc and Cinéscénie tickets will be sold separately.
16.3- OPTIONS, DEPOSITS AND RESERVATIONS
The Domaine does not take options on Grand Parc and Cinéscénie tickets.
For all reservations, the full balance is expected.
16.4- DELIVERY OF TICKETS
The tickets will be delivered in person to the Domaine on the day of arrival.
16.5- CANCELLATION – RESALE OF TICKETS
All cancellations must be notified in writing to the Domaine, no refunds or credits will be issued.
In case of cancellation of the show by the Grand Parc du Puy du Fou or in case of disputes encountered during the visit, only the general sales conditions of the service provider will be applicable.
No compensation or refund will be made by the Domaine Mélusine.