Legal Notice

Website owner :

Company's name : L'Écho des Montagnes

Adress : 3516 Chef Lieu, 74200 Armoy, France

SIREN : 445 199 441

Social Capital : 8 000,00 €


Person responsible for publishing :

Stephane HANRIOT


hosting agency :

OVH - 2 rue kellermann BP 80157 - 59053 ROUBAIX Cedex 1


Website realisation :

Unikkode ( unikkode.com ) et Kréature ( kreature.fr )


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General Terms of Sale

1 – DEFINITION :

a) The expression «L’Echo des Montagnes» stands for the S.A.R.L. Chef-Lieu 74200 Armoy – France.

b) The expression «The Client» stands for L’Echo des Montagnes's contracting partner, whether the Client is acting in its own name or as the client's representative.

c) The expression «The Contract» stands for the hire granted by L’Echo des Montagnes of certain or of all of its rooms and/or of all provisions of services agreed between L’Echo des Montagnes and the Client (accommodation, catering, etc.).

d) The expression «The Guest» stands for the natural person beneficiary of a service provided by L’Echo des Montagnes to the Client.

2 – RESERVATION – AGREEMENT OF THE CONTRACT :

The Contract only becomes final, and L’Echo des Montagnes will only be obliged to execute it, once the Client has returned to L’Echo des Montagnes the general terms and the special terms relating to the Contract, duly dated, signed and bearing the mention «Accepted». In the event that one or other of such documents has not been returned, signed and accepted by the Client, these general terms of sale are applicable immediately upon the Client's written confirmation of its reservation.

The Client must then pay :

- a first deposit equivalent to 50% of the provisional invoice at latest on written confirmation from the Client of its reservation.

- an additional deposit equivalent to 30% of the provisional invoice, 30 days prior to the anticipated date for execution of the Contract.

3 – NAMED LIST :

When entering into the contract, the Client shall make a commitment on the presence of a minimum number of Guests on the date when the service is provided : this is the minimum guaranteed number of Guests which will serve as the basis for invoicing, except in the case of total or partial cancellation provided for in article 8d) below.

L’Echo des Montagnes shall receive the named list of Guests 10 days prior to the anticipated date for execution of the Contract. The total number of people on the list received will serve as basis for billing.

In the case of significant variation from the number of Guests originally announced, L’Echo des Montagnes reserves the right to change the room(s) reserved by the Client.

4 – INVOICING :

The price invoiced by L’Echo des Montagnes to the Client is that which will have been agreed at the time of entering into the Contract, increased by the cost of services not initially scheduled, but reserved subsequently by the Client (and in particular any increase based on the number of Guests), and/or effectively performed by L’Echo des Montagnes at the Client's request during execution of the Contract.

It is expressly stipulated that the total invoice from L’Echo des Montagnes cannot in any event be lower than the total of invoicing corresponding to the minimum guaranteed number of Guests to which the Client committed itself when entering into the Contract. When the effective number of Guests exceeds the guaranteed minimum, the invoice shall be based on the real number of Guests. A bill will be presented for signing on a daily basis, in order to validate provisions of the previous day.

5 – PAYMENT :

L’Echo des Montagnes's invoices are payable on receipt. Payment must be made by cheque or bank transfer.

The Client is held liable by L’Echo des Montagnes for the payment of ancillary expenses (extras) ordered directly by Guests, unless individual invoicing has been requested beforehand, in writing. In such case, an imprint of each Guest's credit card must be taken upon their arrival. Failing this, the Client shall be responsible for settling individual unpaid invoices.

In compliance with statute 92.1442 of 31/12/1992, any late payment shall bear interest at a rate equal to one and a half times the legal interest rate on the balance remaining to be paid.

6 – ORGANISATION :

a) In all cases where ancillary services, such as provision of flowers, orchestra, hostesses, etc. are handled directly by the Client and not through the intermediary of L’Echo des Montagnes, the aforesaid services shall be fully specified before signature of the Contract by the Client. Nonetheless, in the absence of specific information, any ancillary service shall be presumed to be organised through the intermediary of L’Echo des Montagnes and shall be invoiced to the Client. L’Echo des Montagnes shall not in any event be responsible for the non-performance of an ancillary service which was not specified at the time of signing the Contract as being organised through the intermediary of L’Echo des Montagnes.

b) All projects of decoration, technical installation, sundry fitting-out of L’Echo des Montagnes's rooms shall be in compliance with regulations and safety standards in force and previously approved by L’Echo des Montagnes.

c) Failing prior authorisation from L’Echo des Montagnes, the Client is prohibited from in any way whatsoever making reference to and/or use of the signs, initials, logos relating to L’Echo des Montagnes, similarly as for photos taken on L’Echo des Montagnes's premises during performance of the Contract.

d) On expiry of the Contract, the Client shall at its own expense remove the sundry materials, items, documentation and equipment of any nature whatsoever, brought in to L’Echo des Montagnes at its request for the performance of the Contract.

e) The signature of these general terms of sales allow L’Echo des Montagnes to use the name and the logo of the company for internal or external communication purposes.

7 – LIABILITY AND INSURANCE :

The Client shall be held liable for all damage caused by itself, its agents or its Guests on L’Echo des Montagnes's premises. In the event of use made by the Client, its agents or Guests of equipment not belonging to L’Echo des Montagnes, the Client shall be in a position to produce a certificate of all risk insurance covering the damage likely to be caused by the use of such equipment.

The Client shall be held responsible for equipment and items not belonging to it and made available to it by L’Echo des Montagnes at the time of services being provided.

L’Echo des Montagnes is not responsible for any items, equipment, objects placed in its rooms by the Client or by third parties. We recommend the Client to procure its own insurance and/or to provide for a security service.

The Client acknowledges having taken cognisance of the extent, the restrictions and exclusions of cover subscribed by L’Echo des Montagnes in the context of its public liability insurance. In this respect, it is the Client's responsibility to procure and keep in effect complementary insurance and/or advise Guests to procure and keep in effect an individual complementary policy.

8 – EARLY TERMINATION OF THE CONTRACT :

a) L’Echo des Montagnes reserves the right to terminate unilaterally, without notice or compensation, any Contract of which the purpose or the cause shall be deemed incompatible with the intended use of the premises or which may run the risk of disturbing public order.

b) L’Echo des Montagnes reserves the right to terminate the Contract unilaterally, without notice or compensation, after simple notice remaining without effect, in the absence of payment by the Client of all or part of the deposits stipulated in the above article «Agreement of the contract», without prejudice to L’Echo des Montagnes's entitlement to seek by all legal means at its disposal the payment of sums due or becoming due together with compensation for any prejudice suffered.

c) L’Echo des Montagnes is exonerated from any liability in the partial or total non-performance of the Contract resulting from an accidental occurrence, from the action of a third party or from a case of force majeure such as, for example, total or partial strikes, lock-outs, floods, fires, attacks or other incidents.

d) In the case of total or partial cancellation of the Contract by the Client, the latter shall be liable for cancellation fees amounting to :

- 30% of the total amount for the cancelled part of the reservation, if the cancellation is made more than 60 days prior to performance of the service covered by the Contract (base : Bed and Breakfast)

- 50% of the total amount for the cancelled part of the reservation, if the cancellation is made between 60 and 30 days prior to performance of the service covered by the Contract (base : Bed and Breakfast)

- 75% of the total amount for the cancelled part of the reservation, if the cancellation is made between 30 and 15 days prior to performance of the service covered by the Contract (base : Bed and Breakfast)

- 100% of the total amount for the cancelled part of the reservation, if the cancellation is made less than 15 days prior to performance of the service covered by the Contract. (base : Full Board, Half Board or Bed and Breakfast)

The calculation of cancellation fees is based on the quotations drawn up at the time of entering into the Contract, plus any service reserved subsequently, and in particular any increase in the number of Guests.

9 – LEGAL PROCEEDINGS :

Any legal proceedings or disputes arising from the interpretation or execution of the contract shall come exclusively under the jurisdiction of the Courts of Thonon les Bains. After entering customer service and failing satisfactory response within 1 month, the customer can enter the MTV Médiation Tourisme Voyage BP 80 303 75 823 Paris Cedex 17.


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