GENERAL TERMS AND CONDITIONS OF SALE (GTC)
MANOIR VOLTAIRE – TOURIST ACCOMMODATIONS
IN SAINT-BARTHÉLÉMY
ARTICLE 1 – IDENTIFICATION OF THE SERVICE PROVIDER
The accommodation services are offered under the names Manoir de Lorient and Manoir Voltaire (hereinafter collectively referred to as "the Establishment"), operated by the legally responsible entity for their management, whose full identity, legal form, registration number, and contact details are listed in the Legal Notices section of the website.
ARTICLE 2 – OBJECT OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purpose of these General Terms and Conditions of Sale (hereinafter the "GTC") is to define the terms and conditions under which the Establishment offers the Client temporary tourist accommodation services, as well as the respective rights and obligations of the parties.
They apply to any reservation made directly or indirectly, notably thru the website, by email, by phone, or by any other means of reservation.
The GTCS constitute the entirety of the contractual agreement between the parties and prevail over any other document, exchange, or prior communication.
ARTICLE 3 – ACCEPTANCE – ENFORCEABILITY – SCOPE
These Terms and Conditions are made available to the Client before any reservation validation.
The validation of the reservation, notably materialized by :
the total or partial payment,
the provision of bank details as a guaranty,
the electronic confirmation of the reservation,
constitutes express, prior, free, and informed acceptance of these Terms and Conditions, which are deemed to have been read, understood, and accepted without reservation by the Client. The General Terms and Conditions apply to the fullest extent permitted by law, subject to mandatory public order provisions.
ARTICLE 4 – LEGAL CAPACITY – CLIENT STATUS
The Client declares to be of age, legally capable of contracting and acting on their own behalf.
Any reservation made on behalf of third parties personally commits its author, who guaranties compliance with these Terms and Conditions by all occupants and guests.
ARTICLE 5 – PERSONAL AND NON-TRANSFERABLE NATURE OF THE RESERVATION
Any reservation is strictly personal, nominative, and non-transferable.
Any subletting, assignment, or provision, even free of charge, to undeclared third parties is strictly prohibited, except with the prior written consent of the Establishment.
ARTICLE 6 – NATURE OF THE SERVICE – NO RIGHT TO REMAIN ON THE PREMISES
The services offered exclusively constitute temporary tourist accommodation services.
They do not in any case confer :
a real or personal right to the property,
a right to remain on the premises,
a residential or commercial lease, within the meaning of applicable legislation.
ARTICLE 7 – PRICES – TARIFF CONDITIONS
The prices are expressed in dollars ($), all taxes included, excluding tourist tax.
They are firm and definitive at the time of booking, subject to :
obvious error,
legal or regulatory modification,
variation in taxes or mandatory contributions.
No claims related to the price can be accepted after confirmation of the reservation.
ARTICLE 8 – PAYMENT METHODS – SECURITY
Payments are made by credit card (Visa, Mastercard, Carte Bleue, American Express). For each reservation, the client must enter their name, bank card number, expiration date, and security code directly in the space provided for this purpose. The bank card used by the client must be valid at the time of the stay.
According to the applicable tariff conditions: - full payment may be required at the time of booking, - or a bank pre-authorization may be carried out as a guaranty ten (10) days before the start of the stay to secure the reservation.
The Establishment reserves the right :
to conduct any useful verification,
to refuse a bank card,
to cancel any reservation presenting a risk of fraud or non-payment.
On the day of arrival, we may :
Authorize a charge on the bank card to ensure payment of any amount corresponding to services other than Accommodation Service;
Ask the client to present an identity document to prevent any bank card fraud.
Any abusive bank opposition or unfounded dispute will result in the Client being charged for all bank fees, collection costs, and damages incurred.
ARTICLE 9 – BANK PROCESSING TIME
The Client acknowledges that bank processing times are beyond the control of the Institution.
In the absence of effective payment, the reservation will be automatically canceled without compensation, and we will inform the client by email.
ARTICLE 10 – ARRIVAL – DEPARTURE – OCCUPATION
Check-in : from 3:00 PM
Check-out : before 12:00 PM
Any unauthorized overstay may result in :
the charging of an additional nite,
the charging of late fees,
the total or partial withholding of the security deposit.
The Client agrees to respect the maximum authorized capacity and the rules of occupancy.
ARTICLE 11 – RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 and L.221-28 12° of the Consumer Code, the right of withdrawal does not apply to accommodation services provided on a specific date or during a specific period.
No refund can be claimed on this basis.
ARTICLE 12 – CANCELATION – MODIFICATION – NO-SHOW
The cancelation and modification conditions depend on the rate selected during booking.
In case of no-show or early departure from the stay, for any reason whatsoever, the amounts paid remain acquired by the Establishment as a lump-sum compensation, within the limits of applicable legal provisions.
However, as an exception to the preceding paragraphs of this article: reservations made at a flexible rate can be modified and canceled, without charge, by the client within the timeframe communicated by Manoir de Lorient and Manoir Voltaire at the time of booking confirmation.
In the event of modification and/or cancelation by the client of a reservation made at a flexible rate outside the period communicated by us or in the event of the client's non-appearance, we reserve the right to retain all or part of the amount corresponding to the price of said reservation, as indicated during the reservation.
ARTICLE 13 – FORCE MAJEURE
Force majeure is understood in the sense of Article 1218 of the Civil Code.
Do not generally constitute a case of force majeure: weather conditions, cancelations or transport delays, illnesses, personal events, foreign administrative decisions, political or social unrest, acts of terrorism, pandemics, or health restrictions.
The qualification of force majeure remains subject to the sovereign assessment of the competent jurisdictions.
ARTICLE 14 – TOURIST TAX
A tourist tax corresponding to 5% of the net price per night is applicable and must be paid before departure.
ARTICLE 15 – SECURITY DEPOSIT – CLIENT RESPONSIBILITY
A security deposit may be required before or upon arrival. The deposit will be used to cover any damage, breakage, loss, or excessive wear and tear caused to the property, its furniture, or its equipment during the client's stay.
The Client is fully responsible for the actions, behaviors, and damages caused by themselves, their companions, guests, or any person present at their initiative, to the extent permitted by law. The client is responsible for the total cost of repair or replacement (at original value), and any amount exceeding the deposit will be invoiced, due, and must be settled within 7 days of notification.
ARTICLE 16 – RESTORATION – UTILITIES
Additional fees may be charged in the event of :
exceptional cleaning,
restoration,
excessive consumption of fluids.
These fees will be charged based on actual, justified, and proportionate costs, as assessed by the manager.
ARTICLE 17 – PROHIBITIONS – EARLY TERMINATION
Any serious or repeated breach of contractual obligations, or any behavior that disrupts order, security, or the peaceful enjoyment of the premises, authorizes the Establishment to terminate the stay as of right, after a notice to comply has remained without effect when the situation allows, without reimbursement of the amounts paid.
ARTICLE 18 – RESPONSIBILITY – LIMITATION
The Establishment's liability is strictly limited to the total amount of the service actually paid by the Client, excluding gross negligence, intentional or fraudulent misconduct, and within the limits permitted by law.
ARTICLE 19 – INSURANCE
The Client is invited to take out insurance covering the risks related to their stay, including material, bodily, and non-material damages.
Travel insurance, home insurance, or other policies are available and can cover certain unforeseen events, incidents, or delays that may disrupt, delay, or cancel your travel plans.
The appropriate coverage must be purchased at the time of booking. The client's signature on the reservation form confirms that the Client is aware of the existence of such insurance and that they have chosen the appropriate coverage for this reservation.
In accordance with French insurance laws, the transportation of clients by butlers and staff is limited to arrival and departure transfers only. Taxis or rental cars can be arranged for any other transportation needs.
ARTICLE 20 – PERSONAL ITEMS
Personal belongings, valuables, and effects belonging to the Client remain under their exclusive responsibility.
The Establishment cannot be held responsible in case of loss, theft, or damage, except in the event of proven fault on its part.
ARTICLE 21 – LOST OR DAMAGED KEYS / ACCESS DEVICES :
The loss or damage to keys, remote controls, or access devices will result in replacement fees, which will be charged to the client.
ARTICLE 22 - UNAUTHORIZED GUESTS OR EVENTS :
The maximum number of occupants and the list of clients must be respected. The organization of parties, events, or the accommodation of unauthorized guests without prior written consent will result in additional charges and may lead to the immediate termination of the stay without a refund.
ARTICLE 23 – EXTERNAL NUISANCES AND DISTURBANCES
The Establishment cannot be held responsible for nuisances, disturbances, or inconveniences resulting from events beyond its control, notably :
neighborhood,
works,
climatic conditions,
local fauna or flora,
interruptions of public services.
ARTICLE 24 – PHOTOGRAPHS AND DESCRIPTIONS
The photographs, visuals, plans, descriptions, and information appearing on the website or on any communication medium are provided for informational purposes only and have no contractual value.
ARTICLE 25 – COMPLAINTS
Any complaint related to the stay must be made in writing within a maximum period of seven (7) days following the departure date.
Otherwise, no claims can be considered.
ARTICLE 26 – PROOF
The computer records, emails, electronic confirmations, payment histories, and bank statements shall be binding between the parties until proven otherwise.
ARTICLE 27 – PERSONAL DATA
Personal data is processed in accordance with the applicable regulations regarding the protection of personal data.
ARTICLE 28 – PARTIAL NULLITY
The nullity, unenforceability, or inapplicability of any of the stipulations shall not affect the validity of the other clauses, which shall remain in full force and effect.
ARTICLE 29 – APPLICABLE LAW – COMPETENT JURISDICTION
These Terms and Conditions are governed by French law.
Any dispute falls under the jurisdiction of the territorially competent courts in accordance with the Code of Civil Procedure.
ARTICLE 30 – LANGUAGE AND REFERENCE VERSION
The language of negotiation, interpretation, and execution of these Terms and Conditions is French.
In case of translation, the French version shall prevail.