Terms of Sales
The terms used herein containing a capital letter without having previously been defined have the meaning given to them below:
""Customer"" means a natural person, of legal age, acting for his or her personal needs and having the full legal capacity to commit under these terms.
""Conditions of sale of the reserved rate"" designate the specific conditions of each reservation made by the Customer.
""Reservation confirmation"" means the document summarizing the details of the reservation made by the Client, sent by Villa Dolce Valle to the Client.
""Reservation request"" means any accommodation reservation request made by the Customer.
""DV"" designates Villa Dolce Valle, operated by Filippin David en PP or by the company Solynas SRL (registered BE0444.680.662.), whose head office and/or residence is located rue de Thy 26 – 1470 Baisy-Thy, Belgium.
""Partners"" means any service providers who have concluded a service provision contract or partnership agreement with DV.
""Service"" means any reservation service for accommodation and/or services carried out by the Customer on the DV website.
""DV Website"" refers to the website dedicated to accommodation and services accessible at the following address https://villadolcecalle.com
ARTICLE 1 – Scope of application
These General Conditions of Sale apply, without restriction or reservation, to any purchase of accommodation reservation services and ancillary services ('the Services') offered by DV to consumers and non-professional clients ('the Clients or the Client'). ) on the DV website.
The main characteristics of the Services are presented on the DV website.
The Customer is required to read it before making any reservation. The choice and purchase of a Service is the sole responsibility of the Customer.
The Client declares:
? Have full legal capacity to commit to these General Conditions of Sale.
? Make reservations for accommodation and additional services for personal needs.
? Be able to save and print these General Conditions of Sale.
DV's contact details are as follows:
Villa Dolce Valle
Contrada Lauretta - 97100 Ragusa - Italy
These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for the Services.
The Client is informed that DV enters into partnership agreements with third-party travel providers in order to enable him, by using the services offered by these partners on their website, to search, select and reserve accommodation at DV. Any accommodation reservation made under these conditions implies consultation and complete and unreserved acceptance by the Customer of the specific conditions of the service provider, the conditions of sale of the reserved rate and these general conditions of sale. The Customer declares to have obtained from DV all the necessary information available on the website.
These General Conditions of Sale are accessible at any time on the DV website and will prevail, where applicable, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded with the Client.Thus, entering banking information, accepting the General Conditions of Sale, the Conditions of Sale of the rate or the Reservation Request, has the same value between DV and the Customer as a handwritten signature on paper. Computerized Records kept in DV's computer systems will be kept under reasonable security conditions and considered as proof of communication, order and payment between DV and the Customer.
DV ensures the conservation of the writing stating the conclusion of the contract in electronic or paper format for a maximum period of 5 years.
The Customer is informed that his IP address is recorded at the time of booking.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing by mail and justifying of his identity to DV.
These General Conditions of Sale also include the Personal Data Charter.
The Customer declares to have read these General Conditions of Sale (including the Charter on Personal Data) and to have accepted them by checking the box provided for this purpose before implementing the online reservation procedure as well as the Conditions General Use of the DV website.
Validation of the reservation of Services by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale (including the Charter on Personal Data).
The Client acknowledges having the required capacity to contract and acquire the Services offered on the DV website.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date of the reservation.
These General Conditions of Sale are applicable during the duration of the online availability of the services offered by DV on the Website. DV reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 – Reservations
The Customer selects the services he wishes to reserve on the website, according to the following methods:
1. Selection of accommodation type and price
2. Selection of additional services if applicable
3. Verification and validation of the details of the reservation, the total amount of the reservation, the price conditions
4. Indication of contact details
5. Entering your bank card details in the event of a guarantee or prepayment
6. Consultation and acceptance of the general conditions of sale and the conditions of the selected rate prior to validation of your reservation
7. Validation of your reservation
The Customer acknowledges having read the nature, destination and reservation methods of the Services offered by DV and having requested and obtained the information necessary to make his reservation in full knowledge of the facts.He is solely responsible for his choice of services and their suitability to his needs, such that DV cannot be held responsible in this regard.
The Customer undertakes to complete the information requested on the reservation request and certifies the truth and accuracy of the information transmitted.
The contractual information is presented in French and is subject to confirmation at the latest when the reservation is validated by the Customer.
For reservations made exclusively on the internet, the recording of a reservation on the Service Provider's website is made when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates his reservation. The Customer has the possibility to check the details of his reservation, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract.
It is therefore up to the Customer to verify the accuracy of the reservation and to immediately report any errors.
The sale of Services will only be considered final after confirmation of acceptance of the reservation by the Service Provider has been sent to the Client, by email and after partial or complete collection of the price.
Any reservation made on the DV website constitutes the formation of a contract concluded remotely between the Customer and the Service Provider.
DV reserves the right to cancel or refuse any reservation from a Customer with whom there is a dispute relating to the payment of a previous reservation.
Each reservation is nominative and cannot under any circumstances be transferred to a third party.
Cancellation / Modification of a reservation at the Non Cancelable Non Refundable rate:
In the event of cancellation or modification of the reservation at the Non-cancelable, non-refundable rate by the Customer, for any reason whatsoever, a sum corresponding to
·Within 3 days, 100% of the total prepaid amount will be automatically acquired from the Service Provider and invoiced to the Customer.
· Between 4 and 14 days 75% of the total prepaid amount will be automatically acquired from the Service Provider and invoiced to the Customer.
· Between 15 and 30 days, 50% of the total prepaid amount will be automatically acquired from the Service Provider and invoiced to the Customer.
· Beyond 30 days, 25% of the total prepaid amount will be automatically acquired from the Service Provider and invoiced to the Customer.
· The same will apply if the Client does not show up on the scheduled date of arrival.
ARTICLE 3 – PRICES
The Services offered by the Service Provider are provided at the rates in effect on the DV website when the reservation is recorded by the Service Provider. Prices are expressed in Euros including tax.
The prices take into account any reductions which may be granted by the Service Provider under the conditions specified on the DV website.
These prices are firm and cannot be revised during their period of validity, as indicated on the DV website, the Service Provider reserving the right, outside this period of validity, to modify the prices at any time.
Prices are indicated before and during the reservation made by the Customer. They are per accommodation for the number of people and the date selected.
Prices are confirmed to the Customer in the amount including tax (excluding tourist taxes) in DV's commercial currency. They take into account VAT at the rate applicable on the day of the reservation; any change in the rate applicable to VAT will be automatically reflected in the prices indicated on the invoice date. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
Prices do not include tourist tax payable directly on site with DV.
The Customer undertakes to pay these various taxes without any dispute to DV.
The payment requested from the Customer corresponds to the total amount of the purchase, excluding this Tax.
Unless otherwise stated on the Site, additional services (breakfast, etc.) are not included in the price.
The conversion into foreign currency is given for information purposes only and is not contractual. If a rate involves payment directly to DV upon the Customer's arrival or departure and the Customer's currency is not the same as that of DV, the rate charged by DV may be different from that which was communicated during the reservation, taking into account the change in the exchange rate between the reservation date and the payment date.
An invoice is drawn up by the Service Provider and given to the Client upon provision of the reserved Services.
ARTICLE 4 – TERMS of payment
In case of cash payment on the day of reservation (Non-Cancellable Non-Refundable Rate):
The price is payable in cash, in full on the day the reservation is confirmed by the Customer, according to the terms specified in the ""Reservations"" article above, by secure payment method:
– by bank cards: Visa, MasterCard, other credit cards (Ecard bleue).
When booking, the Customer provides their bank details by specifying the name of the bank card, the bank card number, the validity date (the bank card must be valid until the end date of the stay) and the cryptogram.
Payment data is exchanged in encrypted mode using the SSL protocol.
The Customer will come to DV with the bank card that allowed them to pay for the reservation. They may be asked to present proof of identity as part of procedures to prevent bank card fraud.
The Service Provider will not be required to provide the Services ordered by the Customer if the price has not previously been paid in full under the conditions indicated above.
Payments made by the Client will only be considered final after actual collection of the sums due by the Service Provider.
In the event of cash payment upon provision of services (Flexible Rate):
The price is payable in cash, in full on the day of provision of the reserved Services under the conditions defined in the article ""Provision of Services"" below and as indicated on the invoice given to the Customer, by secure payment method:
– by bank cards: Visa, MasterCard, other credit cards (Ecard bleue).
Payment data is exchanged in encrypted mode using the SSL protocol.
DV will ask the Customer, upon arrival, to pay a security deposit or to authorize the debit of their bank card, in order to guarantee payment of the sums corresponding to the services consumed on site.
The Customer will then communicate their bank details, specifying the name of the bank card, the bank card number, the validity date (the bank card must be valid until the end date of the stay) and the cryptogram.
The Customer may be asked to present proof of identity as part of the procedures to prevent bank card fraud.
The Service Provider will not be required to provide the Services ordered by the Customer if the price has not previously been paid in full under the conditions indicated above.
Payments made by the Client will only be considered final after actual collection of the sums due by the Service Provider.
ARTICLE 5 – Provision of Services
The Services reserved by the Client, which include DV accommodation reservation services and ancillary services, will be provided according to the following terms, under the conditions provided for in these General Conditions of Sale supplemented by the Conditions of sale of the Tariff which the Client has taken note of and accepted when booking on the DV website.
Upon arrival, the Customer will be asked to present their identity document in order to ensure their obligation to complete a Police Form.
DV is a completely non-smoking area. The customer will be held responsible for direct and/or indirect, consequential damages resulting from the act of smoking in DV. He will therefore be liable for the full amount of cleaning and restoration costs for the damaged item or space.
Animals, as long as they are kept on a leash or in a cage in the common areas of the establishment, can be accepted according to DV's policy in force upon payment of a supplement.For hygiene reasons, animals are not allowed in the dining rooms.
The Client's personal effects left in DV's accommodation, particularly outside the safe or in DV's public areas, are the Client's sole responsibility. DV cannot be held responsible for loss, theft, damage or damage caused to said effects.
The customer accepts and undertakes to use the infrastructure in good manners. Also any behavior contrary to good morals and public order will lead DV to ask the Customer to leave the establishment without any compensation and/or without any reimbursement if payment has already been made. If no payment has yet been made, the customer must pay the price of the nights consumed before leaving the establishment.
The Client will be held responsible for all direct and/or indirect, consequential damage of which he is the author, observed in the accommodation booked or which he could cause within DV.Consequently, it undertakes to compensate DV up to the amount of said damages, without prejudice to any damages that may be due, procedural and lawyer costs incurred by DV.
WIFI access allowing customers to connect to the internet may be offered according to DV's current Policy. The customer undertakes that the computer resources made available to him by DV are not used in any way for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by a copyright or a related right, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in books I and II of the property code intellectual property when this authorization is required. If the customer does not comply with the aforementioned obligations, he risks being accused of an offense of counterfeiting (article L.335-3 of the intellectual property code), punishable by a fine of 300.000 euros and three years' imprisonment. The customer is also required to comply with the security policy of DV's internet access provider, including the rules for using the security means implemented with the aim of preventing the illicit use of computer resources and to refrain from any act detrimental to the effectiveness of these means.
Unless expressly provided otherwise, the accommodation will be made available to the Client on the day of arrival at 4 p.m. and the Client will leave the room on the day of departure at 10 a.m. Otherwise, an additional night will be billed to the Customer. The Client must check their departure date. In the event of early departure, fees equivalent to one night's stay will be charged, unless the Customer has notified DV at least 24 hours before departure.
The Service Provider undertakes to make its best efforts to provide the Services reserved by the Client, within the framework of an obligation of means.
The Customer will have a period of 8 days from their date of departure from DV to submit, in writing, reservations or complaints concerning the provision of the Services, with all relevant supporting documents, to DV.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
In the absence of reservations or complaints expressly made within this period by the Customer upon receipt of the Services, they will be deemed to conform to the reservation, in quantity and quality.
In the event of dislodgement:
In the event of an exceptional event, case of force majeure or impossibility of making the reserved room available to the Client, DV reserves the possibility of having the Client fully or partially accommodated in accommodation of an equivalent category, for services of the same nature and subject to the prior agreement of the Client.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with article L 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in article L 221-18 of the Consumer Code, taking into account the nature of the services provided.
The contract is therefore definitively concluded as soon as the reservation is made by the Customer according to the terms specified in these General Conditions of Sale.
ARTICLE 7 – Liability of the Service Provider – Guarantee
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Client, against any lack of conformity or hidden defect, resulting from a failure to carry out the Services reserved and actually paid for under the conditions and according to the terms defined in these General Conditions of Sales.
The Services provided through the DV website comply with the regulations in force in France.The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 8 – Information Technology and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of their reservation and the preparation of invoices, in particular.
This data is processed and intended for DV and may be communicated to its possible partners responsible for the execution, processing, management and payment of reservations as well as the Customer's stay.
Furthermore, DV may send its customers its newsletter, promotional offers and a satisfaction questionnaire following their hotel stay by email.
The processing of information communicated via the DV website 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 with regard to information concerning him.
This right can be exercised under the conditions and according to the terms defined on the DV website.
The personal data protection policy can be consulted in the Personal Data Protection Charter available on the DV Website.
ARTICLE 9 – Intellectual property
The content of the DV website is the property of the Seller and its partners and is protected by Belgian and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 10 – Unpredictability
These General Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all Service operations from the Service Provider to the Customer. The Service Provider and the Client therefore each waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and the contingency regime provided for therein, committing to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable at the conclusion of the sale, even if their execution proved excessively onerous and to bear all the economic and financial consequences.
ARTICLE 11 – Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
Article 12: MISCELLANEOUS PROVISIONS
These General Conditions of Sale, the Personal Data Charter, the Conditions of Sale of the rate reserved by the Customer, the Reservation Request, the Reservation Confirmation by the Customer, constitute the entire agreement of the parties within the limit of its object. They therefore replace and cancel, within this limit, any verbal or written agreement which may have existed before them.
No tolerance, whatever its nature, extent, duration or frequency, may be considered as creating any right and may not lead to limiting in any way whatsoever the possibility of invoke each of the clauses of these General Conditions of Sale, at any time, without any restriction.
Any clause of these General Conditions of Sale which would be declared null or unlawful by a competent judge would be deprived of effect, but its nullity cannot affect the other stipulations, nor affect the validity of the General Conditions of Sale as a whole or their legal effects.
ARTICLE 13 – Applicable law – Language
These General Conditions of Sale and the operations resulting from them are governed and subject to Belgian 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 be authentic in the event of a dispute.
ARTICLE 14 – Disputes
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the Hotel and the Client will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consom. C. art.L 612-1) or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 15 – Pre-contractual information – Customer acceptance
The Customer acknowledges having been informed, prior to placing his reservation and concluding the contract, in a readable and understandable manner, of these General Conditions of Sale and all the information listed in article L. 221-5 of the Consumer Code, and in particular the following information:
? the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
? the price of the Services and related costs;
? in the absence of immediate execution of the contract, the date or deadline by which the Service Provider undertakes to provide the reserved Services;
? information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if they do not emerge from the context,
?information relating to legal and contractual guarantees and their implementation methods;
? 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 important contractual conditions.
? the means of payment accepted.
The fact for a natural (or legal) person to book on the DV website implies full and complete adherence and acceptance of these General Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.
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