GENERALS TERMS OF SALE
INDIVIDUALS GENERALS TERMS OF SALE
ARTICLE 1: APPLICATION OF THE GENERAL TERMS OF SALE
The following conditions apply to any reservation for all the rooms at the hotel Le Lac/Hotel Beau Site /Hotel De La Poste in Malbuisson. Any reservation implies necessarily the total acceptance of your share of these generals terms of sale.
ARTICLE 2: OFFER
According to the use, the rooms are available from 4 p.m. and must be released at 11.30a.m at the latest. The one night additional invoicing can result from the non-observance of this limiting starting hour. If your arrival is envisaged after 9 p.m., we highly advise you to call the hotel in order to inform it of your approximate arrival and the schedule of taking possession of the room.
ARTICLE 3: RESERVATION AND GUARANTEED
All bookings must be confirmed in writing (email or post). All bookings must be guaranteed by a prepayment of 100% of the total cost of the stay (excluding tourist tax and ancillary services). A bank draft will be requested on arrival at check-in as an additional guarantee. If you would like to use another method of payment, please let us know at the time of booking. Bank charges for the payment of deposits, transfers, direct debits, etc. will be at the customer's expense. Credit cards accepted are : VISA, Eurocard-Mastercard.
ARTICLE 4: TOTAL AND PARTIAL CANCELLATION
Any total or partial cancellation of a reservation or its modification must be notified in writing by the customer. Hotel Le Lac/Hôtel Beau Site/Hôtel de la Poste reserves the right to cancel the request for modification or cancellation and to apply penalties. For a standard rate, in the event of cancellation less than 72 hours before arrival, the prepayment for the entire stay made at the time of booking will not be refunded. For a gift voucher, in the event of cancellation less than 72 hours before arrival, the voucher will be forfeited. For a preferential rate (Non-cancellable, non-refundable or Early booking), the reservation cannot be changed or cancelled. The amount paid will be retained by the establishment as a cancellation fee. For any shortened stay reported during the stay, the stay is due in full, including the services purchased (half-board, board, etc.). The hotel 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.
ARTICLE 5: PAYMENT
All our prices are nets. The regulation of the invoice must be carried out with reception of this one. Failing this, any unpaid sum within the time limit is productive of a post maturity interest rate equal to once and half legal interest rate into force to the expiration date. Discount rate: 0%.
The invoice must be checked before the departure of the establishment. No claim will be taken into account later on. Finally if an incident were to occur involving the degradation of the buildings or equipment, the customer commits himself to regulate repairs and/or contacting his insurance of civil responsibility.
ARTICLE 6: RESPONSABILITIES
The hotel declines all responsibility in case of theft, loss or damage to guests' belongings during their stay. Dogs are allowed in the hotel with a supply of 15€ per day. Cats are not allowed. Damage caused by animals left unattended in the room or in the common areas may result in additional charges.
The management reserves the right to charge extra for any missing bath towels, bathrobes, kitchen accessories, etc. at the time of departure.
ARTICLE 7: SMOCKING
The hotel is entirely non-smoking. It is possible to smoke outside on your terraces or balconies, in respect of other guests. Do not throw cigarette ends in the lawns to prevent fires. Ashtrays are available at the reception.
ARTICLE 8: SWIMMING POOL
The client undertakes to respect the internal rules for the use of the establishment's services and use by minors is under the full responsibility of the parents or a legal representative.
ARTICLE 9 : DISPUTES
In the event of a dispute between the trader and the consumer, they shall endeavour to reach an amicable settlement. If no amicable settlement can be reached, the consumer may, free of charge, refer the matter to the consumer ombudsman responsible for the trader, namely AME CONSO, within one year of the written complaint being sent to the trader.
A referral to the consumer ombudsman must be made:
- either by completing the form provided for this purpose on the Avenir Conso website: www.avenir-conso.com/;
- or by post addressed to AVENIR CONSO, 197 Boulevard Saint-Germain, 75007 PARIS.
GENERAL TERMS AND CONDITIONS OF SALE FOR GROUPS AND SEMINARS (15 people or more)
Preliminary information: the organiser’s brochure, quotation, proposal and/or itinerary constitute the preliminary information referred to in Article 97 of Decree 94-490 of 15 June 1994. Consequently, unless otherwise stated on the front of this document, the details and prices of the package holiday as set out in the organiser’s brochure, quotation, proposal and/or itinerary shall be binding upon signature of the booking form.
Assignment of contract: see the text of Article 99 of Decree 94-490 reproduced below. Should the purchaser wish to transfer their travel contract, the transferee undertakes, in accordance with Article 18 of the Act of 13 July 1992, to pay any additional costs relating to such transfer.
Complaints: see the text of Article 98-12 of Decree 94-490 reproduced below.
Professional Civil Liability of HOTEL LE LAC – Juragence – Doubs Jura Voyages: GAN professional civil liability insurance; Groupama financial guarantee. RCS Besançon 381225325
Extracts from the Decree of 15 June 1994, Title VI. SALE OF TRAVEL AND ACCOMMODATION
Article 95: Subject to the exclusions set out in the second paragraph (a and b) of Article 14 of the aforementioned Act of 13 July 1992, any offer or sale of travel services or holiday packages shall be accompanied by the provision of appropriate documents that comply with the rules laid down in this Title. In the case of the sale of air tickets or tickets for scheduled transport not accompanied by services related to such transport, the seller shall issue to the purchaser one or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of on-demand transport, the name and address of the carrier on whose behalf the tickets are issued must be stated. The separate invoicing of the various components of a single package holiday does not exempt the seller from the obligations imposed on them by this Title.
Article 96: Prior to the conclusion of the contract and in writing, stating the seller’s company name, address and details of its administrative authorisation to operate, the seller must provide the consumer with information on prices, dates and other elements constituting the services provided during the trip or holiday, such as
1° The destination, means of transport, characteristics and categories of the transport used;
2° The type of accommodation, its location, standard of comfort and main characteristics, as well as its certification and tourist classification in accordance with the regulations or customs of the host country;
3° The meals provided;
4° A description of the itinerary in the case of a tour;
5° The administrative and health formalities to be completed, in particular when crossing borders, as well as the timeframes for completing them;
6° The visits, excursions and other services included in the package or which may be available at an additional cost;
7° The minimum or maximum group size required for the trip or holiday to go ahead, and, if the trip or holiday is subject to a minimum number of participants, the date by which the consumer must be informed in the event of cancellation of the trip or holiday; this date may not be set less than 21 days before departure;
8° The amount or percentage of the price to be paid as a deposit upon conclusion of the contract, together with the schedule for payment of the balance; 9° The arrangements for price adjustments as provided for in the contract pursuant to Article 100 of this Decree;
10° The contractual conditions governing cancellation;
11° The cancellation conditions set out in Articles 101, 102 and 103 below;
12° Details concerning the risks covered and the amount of cover provided under the insurance contract covering the consequences of professional civil liability of travel agencies and the civil liability of non-profit associations and organisations and local tourism bodies;
13° Information concerning the optional taking out of an insurance policy covering the consequences of certain cases of cancellation, or an assistance policy covering certain specific risks, in particular repatriation costs in the event of an accident or illness.
Article 97: The prior information provided to the consumer is binding on the seller, unless the seller has expressly reserved the right in that information to amend certain elements. In such cases, the seller must clearly state the extent to which such changes may be made and which elements they may affect. In any event, any changes made to the prior information must be communicated to the consumer in writing before the contract is concluded.
Article 98: The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one copy of which is to be given to the buyer, and signed by both parties. It must include the following clauses:
1° The name and address of the seller, their guarantor and their insurer, as well as the name and address of the organiser;
2° The destination or destinations of the trip and, in the case of a split stay, the various periods and their dates;
3° The means, characteristics and categories of transport used, and the dates, times and places of departure and return;
4° The type of accommodation, its location, standard of comfort and main features, and its tourist classification in accordance with the regulations or customs of the host country;
5° The number of meals provided;
6° The itinerary, in the case of a tour;
7° Visits, excursions or other services included in the total price of the trip or holiday;
8° The total price of the services invoiced, together with details of any possible revision of this invoice pursuant to the provisions of Article 100 below;
9° Where applicable, details of any charges or taxes relating to certain services, such as landing, disembarkation or embarkation charges at ports and airports, and tourist taxes where these are not included in the price of the service(s) provided;
10° The payment schedule and terms; in any event, the final payment made by the purchaser must not be less than 30 per cent of the price of the trip or holiday and must be made upon handover of the documents required to undertake the trip or holiday.
11° Any special conditions requested by the purchaser and accepted by the seller;
12° The procedures by which the purchaser may lodge a complaint with the seller regarding non-performance or improper performance of the contract; such a complaint must be sent as soon as possible by registered letter with acknowledgement of receipt to the seller, and, where appropriate, notified in writing to the tour operator and the relevant service provider
13° The deadline for notifying the purchaser in the event of cancellation of the trip or holiday by the seller where the trip or holiday is subject to a minimum number of participants, in accordance with the provisions of paragraph 7 of Article 96 above;
14° The contractual cancellation terms;
15° The cancellation terms set out in Articles 101, 102 and 103 below;
16° Details concerning the risks covered and the amount of cover under the insurance policy covering the consequences of the seller’s professional civil liability;
17° Details of the insurance policy taken out by the buyer covering the consequences of certain cases of cancellation (policy number and name of the insurer), as well as details of the assistance policy covering certain specific risks, in particular repatriation costs in the event of an accident or illness; in this case, the seller must provide the buyer with a document specifying, as a minimum, the risks covered and the risks excluded;
18° The deadline for notifying the seller in the event of the buyer transferring the contract;
19. An undertaking to provide the purchaser, in writing, at least ten days before their departure, with the following information:
a) The name, address and telephone number of the seller’s local representative or, failing that, the names, addresses and telephone numbers of local organisations capable of assisting the consumer in the event of difficulties, or, failing that, the telephone number to contact the seller in an emergency;
b) For trips and holidays abroad involving minors, a telephone number and an address enabling direct contact to be made with the child or the person responsible for their stay on site.
Art. 99: The purchaser may assign their contract to an assignee who meets the same conditions as the purchaser for undertaking the journey or holiday, provided that the contract has not yet taken effect. Unless otherwise stipulated to the transferor’s advantage, the transferor is required to inform the seller of their decision by registered letter with acknowledgement of receipt no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days.
Such a transfer is not, under any circumstances, subject to prior authorisation from the seller.
Art. 100: Where the contract expressly provides for the possibility of price revision, within the limits set out in Article 19 of the aforementioned Act of 13 July 1992, it must specify the precise method for calculating price variations, whether upwards or downwards, and in particular the currencies that may affect the price of the trip or holiday, the proportion of the price to which the variation applies, and the exchange rate of the currency or currencies used as a reference when the price set out in the contract was determined.
Art. 101: Where, prior to the purchaser’s departure, the seller is compelled to make a change to one of the essential terms of the contract, such as a significant increase in price, the purchaser may, without prejudice to any claims for compensation for any damage suffered, and after having been informed by the seller by registered letter with acknowledgement of receipt
- either terminate the contract and obtain, without penalty, an immediate refund of the sums paid;
- or accept the amendment or the alternative trip proposed by the seller; an amendment to the contract specifying the changes made shall then be signed by the parties; any reduction in price shall be deducted from any sums still due by the purchaser and, if the payment already made by the purchaser exceeds the price of the amended service, the overpayment must be refunded to them before their departure date.
Art. 102: In the circumstances provided for in Article 21 of the aforementioned Act of 13 July 1992, where, prior to the purchaser’s departure, the seller cancels the trip or holiday, the seller must inform the purchaser by registered letter with acknowledgement of receipt; the purchaser, without prejudice to any claims for compensation for any damage suffered, shall be entitled to an immediate refund from the seller, without penalty, of the sums paid; in such a case, the purchaser shall receive compensation at least equal to the penalty they would have incurred had the cancellation been made by them on that date. The provisions of this article shall in no way prevent the conclusion of an amicable agreement whereby the purchaser accepts a substitute trip or holiday proposed by the seller.
Art. 103: Where, following the purchaser’s departure, the seller is unable to provide a substantial part of the services provided for in the contract, representing a significant percentage of the price paid by the purchaser, the seller must immediately take the following measures, without prejudice to any claims for compensation for damages that may have been suffered
- either offer alternative services in place of those provided for, bearing any additional cost where necessary, and, if the services accepted by the purchaser are of inferior quality, the seller must reimburse the purchaser for the difference in price upon the purchaser’s return;
- or, if the seller is unable to offer any alternative services, or if these are refused by the purchaser on valid grounds, provide the purchaser, at no extra cost, with travel tickets to ensure their return under conditions that may be deemed equivalent to the place of departure or to another location agreed by both parties.
Special Terms and Conditions of Sale
The limited liability company (SARL) ‘HOTE LE LAC – Juragence – Doubs Jura Voyages’ is registered with Atout France under number IM025130001 and is therefore subject to the obligations set out in Law No. 92.645 of 13 July 1992, which sets out the conditions for carrying out activities relating to the organisation and sale of trips and holidays, and by Decree No. 94.490 of 15 June 1994.
PRICES: Prices are quoted in EURO. The description of each trip or holiday is accompanied by a list of the services included in the price.
COMPLIANCE WITH ITINERARIES: The order of the various visits or activities listed in an itinerary may be changed without prior notice by ‘HOTEL LE LAC – Juragence – Doubs Jura Voyages’, but all the services advertised will be provided in full.
However, ‘HOTEL LE LAC – Juragence- Doubs Jura Voyages’ cannot be held liable for the cancellation of all or part of the services in the event of a delay caused by the participants’ transport. Lack of snow: in the event of a lack of snow, sporting or discovery activities will be offered to participants as a replacement for the snow-based activities included in the programme. Under no circumstances does a lack of snow entitle travellers to cancel their holiday without penalty.
CANCELLATION OF A TRIP OR HOLIDAY BY ‘HOTEL LE LAC – Juragence – Doubs Jura Voyages’:
For reasons beyond its control (natural disasters, strikes, etc.), ‘HOTEL LE LAC – Juragence – Doubs Jura Voyages’ may be obliged to cancel a trip or holiday in the best interests of the participants. Participants will be notified directly or via the travel agency through which they made their booking, by post or by telephone if time does not permit.
‘HOTEL LE LAC – Juragence- Doubs Jura Voyages’ may cancel a trip or holiday due to an insufficient number of participants.
CANCELLATION BY THE CUSTOMER: In all cases, cancellation by the customer must be notified to “HOTEL LE LAC – Juragence- Doubs Jura Voyages” by registered letter with acknowledgement of receipt, the date of which shall be taken as proof. Insurance premiums paid are never refunded.
1. Group size: Unless otherwise specified in the booking contract, JURAGENCE will accept, free of charge, a reduction of 20 per cent (rounded down to the nearest whole number) in the number of guests originally specified at the time of booking, provided that this is notified no later than 21 days before the scheduled start of the services. In all other cases, the penalties applied by JURAGENCE shall be as follows:
- Cancellation made more than 30 days before the start of the services: €30 per person;
- Cancellation made 30 days or less before the start of the services: The cancellation terms for private individuals shall apply, unless otherwise agreed in the booking contract.
In addition to these penalties, insurance premiums are never refunded. Where the size of a group is reduced after booking, the rates applied to the actual participants will be adjusted accordingly.
2. Private individuals: In the event of cancellation by the customer, ‘HOTEL LE LAC – Juragence – Doubs Jura Voyages’ will retain a fee amounting to:
- Cancellation notified more than 30 days before the start of the services: a flat fee of €150;
- Cancellation notified between 30 and 21 days before the start of the services: 25 per cent of the total price of the trip or holiday;
- Cancellation notified between 20 and 8 days before the start of the services: 50 per cent of the total price of the trip or holiday;
- Cancellation notified between 7 and 2 days before the start of the services: 75 per cent of the total price of the trip or holiday;
- Cancellation notified 24 hours or less before the start of the services: 100 per cent of the total price of the trip or holiday;
- Customer no-show: 100 per cent of the total price of the trip or holiday.
EXCEPT WHERE OUR SERVICE PROVIDERS IMPOSE MORE RESTRICTIVE TERMS, TO BE CONFIRMED UPON BOOKING.
FORMALITIES: French nationals are not required to complete any formalities prior to their stay in Franche-Comté
However, in the case of organised tours, hikes or treks, they must carry a valid identity document allowing them to enter Swiss territory (a valid national identity card or passport, plus authorisation to leave the country for minors not accompanied by their parents or legal guardian).
Foreign nationals are subject to the regulations in force regarding their stay in France, and, for tours, treks or hikes, regarding their entry into Switzerland.
Any person who is not in possession of the necessary identity document and who is refused entry at the border by the authorities shall not be entitled to any compensation from JURAGENCE, even if all or part of the booked services could not be provided as a result.
INSURANCE, ASSISTANCE, REPATRIATION, LUGGAGE: Unless otherwise stated in the contract, no insurance cover is included in the quoted prices for travel or accommodation.
‘HOTEL LE LAC – Juragence- Doubs Jura Voyages’ advises its customers to contact their usual insurer, as many people are covered for repatriation assistance through their health insurance, credit card or motor insurance.
However, ‘HOTEL LE LAC – Juragence – Doubs Jura Voyages’ is available to assist all its customers, whether groups or individuals, in taking out cancellation or repatriation assistance insurance.
PUBLISHED RATES AND ITINERARIES: Only the booking contract shall be deemed authoritative with regard to dates and rates. In particular, JURAGENCE cannot be held liable for any printing errors. Any dispute shall fall within the jurisdiction of the Commercial Court of Besançon (F-25).
‘HOTEL LE LAC – Juragence- Doubs Jura Voyages’, a limited liability company (SARL), is registered with the Besançon (F-25) Trade and Companies Register under number: 381225325
Atout France registration no. IM025130001. Financial guarantee provided by Groupama, policy no. 4071004882
Insured for professional civil liability with GAN, policy no. 316961132000
JURAGENCE is a registered trade mark which may not be reproduced without the written authorisation of the managing director of SARL JURAGENCE.