GENERAL TERMS AND CONDITIONS OF SALE 2022

Reservation of accommodation or “tourism” pitches by individuals

CAMPING LES GROTTES DE ROFFY

D47-24200 Sainte Nathalène

05 53 59 15 61 – contact@roffy.fr www.roffy.fr

DEFINITIONS:

ORDER or RESERVATION or RENTAL: Purchase of Services.
SERVICES: seasonal rental of accommodation or bare pitches “tourism”.
ACCOMMODATION : Tent, caravan, mobile leisure home and light leisure home, studio and gîte

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply, without restriction or reservation, to any rental of accommodation or bare pitches on the campsite CAMPING LES GROTTES DE ROFFY, to non-professional customers (“The Customers” or “the Customer”), on its website www.roffy.fr or by telephone, post or electronic mail (e-mails), or in a place where the Provider markets the Services. They do not apply to the rental of pitches intended for mobile leisure homes (mobile homes) which are covered by a “leisure” contract.

The main characteristics of the Services are presented on the website www.roffy.fr or on a written medium – paper or electronic – in the event of a reservation by a means other than a remote order.

The Customer is required to take cognizance of it before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.

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

These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, if necessary, over any other version or any other contractual document. The version applicable to the Customer is the one in force on the Website or communicated by the Service Provider on the date the Customer places the Order.

Unless proven otherwise, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Customer.

Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, the Customer has the right to access, rectify and oppose all personal data at any time, if the processing is not essential to the execution of the order and the stay as well as their consequences, by writing, by mail and proving his identity, to :

CAMPING LES GROTTES DE ROFFY D47-24200 Sainte Nathalène

The Client declares that he/she has read these General Terms and Conditions of Sale and has accepted them either 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.roffy.fr website, or, in the event of a reservation being made outside the Internet, by any other appropriate means.

ARTICLE 2 – RESERVATIONS

The Customer selects on the website or provides information on any document sent by the Service Provider the services he/she wishes to order, according to the following procedures:

  • – Availability ;
  • – Selection of the stay ;
  • – Choice of options ;

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– Validation of the order.

It is the Client’s responsibility to check the accuracy of the Order and to notify the Service Provider immediately of any errors. The Order shall only be deemed final after the Service Provider has sent the Client confirmation of acceptance of the Order by e-mail or post, or by signing the contract in the event of a booking directly at the premises where the Service Provider markets the Services.

Any Order placed on the www.roffy.fr website constitutes the formation of a contract between the Client and the Service Provider.

All Orders are personal and may not be transferred under any circumstances.

ARTICLE 3 – PRICES

The Services offered by the Provider are provided at the rates in force on the website www.roffy.fr, or on any information medium of the Provider, at the time the Customer places the order. The prices are expressed in Euros, exclusive of tax and VAT.

The rates take into account any discounts that may be granted by the Service Provider on the website www.roffy.fr or on any information or communication medium.

These rates are firm and non-revisable during their period of validity, as indicated on the website www.roffy.fr, in the e-mail or in the written proposal sent to the Customer. After this period of validity, the offer shall lapse and the Provider shall no longer be bound by the prices.

They do not include handling and administration fees, which shall be invoiced in addition, under the conditions indicated on the www.roffy.fr website or in the information (mail, e-mail, etc.) communicated to the Customer beforehand, 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 at the latest at the time of payment of the balance of the price.

3.1. TOURIST TAX

The tourist tax, collected on behalf of the commune/commune, is not included in the rates. The amount is determined per person per day and varies according to the destination. It must be paid when paying for the Service and is shown separately on the invoice.

ARTICLE 4 – PAYMENT CONDITIONS 4.1. DEPOSIT

Amounts paid in advance are advance payments. They constitute an additional charge on the total price due by the Customer.

A deposit corresponding to 25% of the total price of the provision of the ordered Services is required when the Customer places the order. It must be paid upon receipt of the final rental contract and attached to the copy to be returned. It will be deducted from the total amount of the order.

No refund will be made by the Provider in the event of cancellation of the stay by the Client less than 90 days before the planned date of arrival (except in the cases provided for in article 6.4 of these general conditions).

The balance of the stay must be paid in full 30 days before the date of arrival (under penalty of cancellation of this rental).

4.2. PAYMENTS

Payments made by the Client shall be considered final only after the Service Provider has received the amounts due.

In the event of late payment and payment of the sums due by the Client after the deadline set out above, or after the payment date shown on the invoice sent to the Client, late payment penalties calculated at the weekly rate of 10% of the amount including tax of the price of the provision of the Services, will be automatically and automatically acquired by the Service Provider, without any formality or prior notice.

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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.

4.3. NON-COMPLIANCE WITH PAYMENT TERMS

In addition, the Service Provider reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations after formal notice has remained without effect.

ARTICLE 5 – PROVISION OF SERVICES
5.1. PROVISION AND USE OF SERVICES

The accommodation and its pitch can be occupied from 4 p.m. on the day of arrival and must be vacated by 10 a.m. 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) ;

Bare pitches may be occupied from 2 p.m. on the day of arrival and must be vacated by 12 noon on the day of departure.

The balance of the stay must be paid in full:
– On arrival for bare pitches (for motorhomes, caravans or tents).

The accommodation and pitches are designed for a specific number of occupants and can under no circumstances be occupied by a greater number of people. Moreover, it is strictly forbidden to add another accommodation, whatever its nature, on the said pitches already provided with an accommodation installed by the Provider.

The accommodation and pitches will be returned in the same state of cleanliness as on delivery. Failing this, the Hirer shall pay a fixed sum for cleaning as specified on the Provider’s website. Any damage to the accommodation or its accessories will be repaired immediately at the tenant’s expense. The inventory at the end of the rental period must be exactly the same as at the beginning.

5.2. SECURITY DEPOSIT

For accommodation rentals, a deposit of 200 € is required from the Client on the day the keys are handed over and is returned to him on the day the rental ends, subject to deduction of any repair costs.

This bond 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 case of a late arrival, an early departure or a change in the number of persons (whether for the whole or part of the planned stay).

6.1. MODIFICATION

In case of modification of dates or number of persons, the Provider will try to accept as much as possible the requests of modification of date within the limit of the availabilities, and this without prejudice of the possible additional expenses; it is in all cases a simple obligation of means, the Provider not being able to guarantee the availability of a site or an accommodation, or another date; a supplement of price can be asked in these cases.

Any request to reduce the duration of the stay will be considered by the Provider as a partial cancellation, the consequences of which are governed by Article 6.3.

6.2. INTERRUPTION

An early departure cannot give rise to any reimbursement from the Provider.

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6.3. CANCELLATION

If cancellation insurance has been validly taken out and exercised, the cancellation and reimbursement procedures are to be carried out in accordance with the general conditions of the insurer.

Please note that cancellation insurance can only be taken out at the time of the initial booking request and that the client undertakes to take note of the insurance conditions proposed at the time of the initial booking.

If no cancellation insurance has been validly taken out or validly exercised, the termination payments will be calculated as follows:

  • – Cancellation before the 90th day before the planned arrival date: the cancellation will be made without charge and the full amount paid will be refunded by the Provider;
  • – Cancellation from the 90th day to the 31st day before the scheduled arrival date: 25% of the total amount of the stay will be retained by the Provider (corresponding to the amount of the security deposit);
  • – Cancellation from the 30th day to the 16th day before the scheduled arrival date: 50% of the total amount of the stay will be retained by the Provider;
  • – Cancellation from the 15th day to the scheduled arrival date: 100% of the total amount of the stay will be retained by the Provider.

    In all cases of cancellation other than a cancellation before the 90th day before the scheduled arrival date, the processing and management fees (Article 3) will be retained by the Provider.

    6.4. CANCELLATION IN CASE OF PANDEMIC

    6.4.1. As an exception to Article 6.3 CANCELLATION, in the event of the total or partial closure of the establishment during the dates of the booked stay (which is assimilated to a measure of total or partial prohibition of reception of the public, insofar as the Client is directly concerned by the application of this measure) decided by the public authorities, and which is not attributable to the Service Provider, the sums paid in advance by the Client in respect of the booking of the stay which cannot be carried out will be subject to reimbursement in accordance with the legal or regulatory provisions governing the aforementioned closure or its consequences.

    However, the Service Provider shall not be liable for any additional compensation beyond the reimbursement of the sums already paid for the booking of the stay.

    6.4.2. Any cancellation of the stay duly justified by the fact that the Client would be affected by COVID 19 (infection) or other infection considered as part of a pandemic, or would be identified as a contact case, and that this situation would call into question his participation in the stay on the scheduled dates, will be done without any compensation or reimbursement from the Provider. It is the client’s responsibility to take out cancellation insurance in accordance with article 6.3 CANCELLATION.

    6.4.3. In the event that the Client is forced to cancel the entire stay due to governmental measures that do not allow participants to travel (general or local lockdown, travel ban, border closures), even though the campsite is able to perform its obligation and accommodate the Clients, the Provider will not be liable for any specific refund. Please refer to article 6.3 CANCELLATION.

    6.4.4 – In the event that the Customer takes out specific insurance covering the risks listed in article 6.4.2 or article 6.4.3, the Customer must take all necessary steps with the insurer.

    ARTICLE 7 – CLIENT’S OBLIGATIONS
    7.1. PUBLIC LIABILITY INSURANCE

    The Client accommodated on a pitch or in an accommodation must be insured for civil liability. A certificate of insurance may be requested from the Client before the start of the service.

    7.2. ANIMALS

    Pets are accepted, under the responsibility of their masters, with the exception of new pets (NAC) and dangerous animals, in particular dogs of categories 1 and 2 (L.211-11 and L.211-12 of the rural code).

    They are accepted in return for the packages available from the Service Provider and payable on site.

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7.3. RULES OF PROCEDURE

Rules and regulations are posted at the entrance of the establishment and at the reception desk. The Customer is required to take cognizance of it and to respect it. It is available on request.

ARTICLE 8 – SERVICE PROVIDER’S OBLIGATIONS – GUARANTEE

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 must inform the Service Provider, in writing with acknowledgement of receipt, of the existence of the defects or lack of conformity within a maximum period of 24 hours from the provision of the Services.

The Service Provider shall refund or rectify or cause to be rectified (to the extent possible) the services found to be defective as soon as possible and no later than 2 days after the Service Provider has discovered 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 guarantee is limited to the reimbursement of the Services actually paid by the Client. 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 as usually recognized by French case law.

The Services provided through the Provider’s website www.roffy.fr comply with the regulations in force in France.

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 and off-premises sales, in accordance with the provisions of Article L221-28 of the Consumer Code.

ARTICLE 10 – PROTECTION OF PERSONAL DATA

The Service Provider, the writer of the present document, implements the processing of personal data which have as their legal basis :

● Or the legitimate interest pursued by the Service Provider when it pursues the following purposes:

– prospecting
– the management of the relationship with its customers and prospects,
– organizing, registering and inviting to events of the Provider,
– processing, executing, prospecting, producing, managing and following up clients’ requests and files, – drafting documents on behalf of its clients.

● Or compliance with legal and regulatory obligations when it implements processing for the purpose of:

– prevention of money laundering and terrorist financing and the fight against corruption, – invoicing,
– accounting.

The Service Provider only keeps the data for the time necessary for the operations for which they were collected and in compliance with the regulations in force.

In this respect, customer data is kept for the duration of the contractual relationship plus 3 years for animation and prospecting purposes, without prejudice to conservation obligations or limitation periods.

With regard to the prevention of money laundering and the financing of terrorism, the data is kept for 5 years after the end of the relationship with the Provider. For accounting purposes, they are kept for 10 years from the end of the accounting period.

Prospective customers’ data is kept for a period of 3 years if no participation or registration to the Provider’s events has taken place.

The data processed is intended for the authorised persons of the Service Provider.

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Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, individuals have the right to access, rectify, question, limit, portability and delete data concerning them.

The persons concerned by the processing carried out also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data whose legal basis is the legitimate interest of the Service Provider, as well as the right to object to commercial prospecting.

They also have the right to define general and specific directives defining the manner in which they intend the above-mentioned rights to be exercised after their death

  • – by e-mail to the following address: contact@roffy.fr
  • – or by post to the following address CAMPING LES GROTTES DE ROFFY D47-24200 Sainte Nathalène

    The persons concerned have the right to lodge a complaint with the CNIL.

    ARTICLE 11 – INTELLECTUAL PROPERTY

    The content of the website www.roffy.fr is the property of the Provider and its partners and is protected by French and international laws relating to intellectual property.

    Any reproduction, distribution, use of all or part 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 Client’s request) for the purpose of providing the Services to the Client. 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.

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

    ARTICLE 12 – APPLICABLE LAW – LANGUAGE

    The present General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.

    The present 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 shall be deemed authentic in the event of a dispute.

    ARTICLE 13 – DISPUTES

    All disputes to which the purchase and sale operations concluded in application of these general terms and conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the Service Provider and the Customer shall be submitted to the competent courts 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 the Consumer Code concerning “the mediation process for consumer disputes”, the customer has the right to have recourse, free of charge, to the mediation service for consumer disputes offered by CAMPING LES GROTTES DE ROFFY :

    The “consumer law” mediator thus proposed is CM2C (currently being validated by the CECMC).
    This mediation system can be reached electronically at https://cm2c.net or by mail at CM2C – 14 rue Saint

    Jean 75017 PARIS.

    ARTICLE 14 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

    The Client acknowledges having been provided, prior to placing the Order, with these General Terms and Conditions of Sale and all the information and details specified in Articles L 111-1 to L111-7 of the French Consumer Code, in addition to the information required by the Decree of 22 December 1978 on the protection of personal data.

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October 2008 on the prior information of the consumer on the characteristics of rental accommodation in open air hotels 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 they do not fall within the context ;
– information on legal and contractual guarantees and their implementation procedures; the
functionality of digital content and, where appropriate, its interoperability ;
– the possibility of resorting to conventional mediation in the event of a dispute ;
– information on termination and other important contractual terms.
The fact that a natural person (or legal entity) orders on the website www.roffy.fr implies acceptance and
full and complete acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer,
who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Provider.