Terms of Sales
Article 1 – Definitions
We will hereinafter designate:
– ‘Site’ or ‘service’: the lamaisondesofia.com site and all of its pages.
– ‘Services’: all the services and accommodation services that can be booked on the site.
– ‘Publisher’ or ‘Owner’: The person, legal or natural, owner of the accommodation offered and responsible for the editing and content of the site.
– ‘User’: The Internet user visiting and using the site.
– ‘Client’: The Internet user making a reservation on the site.
Article 2 – Mentions imposed by the law of confidence in the digital economy and purpose of the site
This site is published by La Maison de Sofia SARL. The legal information concerning the host and the publisher of the site, in particular the contact details and any capital and registration information, are provided in the legal notices of this site. Information concerning the collection and processing of personal data (policy and declaration) is provided in the site’s personal data charter. The site is open and free to all Internet users, and allows you to consult accommodation offers and request the reservation of one or more accommodations. The reservation of accommodation or, more generally, navigation on the site implies the acceptance, by the Internet user, of all of these general conditions, who thereby acknowledges having read them fully. This acceptance may consist, for example, for the Internet user, in ticking the box corresponding to the sentence of acceptance of these general conditions, having for example the mention “I acknowledge having read and accepted all the general conditions of the site. “. Ticking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The acceptance of these general conditions assumes on the part of the users that they have the legal capacity necessary for this. If the user is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative. The Internet user acknowledges the evidentiary value of the automatic recording systems of the publisher of this site and, except for him to provide proof to the contrary, he renounces to contest them in the event of a dispute.
Article 3 – Characteristics of the accommodation services offered
The services and accommodation offered are those which appear on the pages of the site. Accommodation is offered within the limits of available places. Each accommodation is accompanied on the site by a description drawn up by the owner. The photographs of the accommodation offered reflect a faithful image of the accommodation but are not contractual insofar as they cannot ensure a perfect similarity with reality. The assistance service of this site is accessible by e-mail at the following address: firstname.lastname@example.org or by post to the address indicated in the legal notices, in which case the owner undertakes to provide an answer under 7 days. La Maison de Sofia also provides users of the site and its customers with telephone assistance to answer their questions. The hotline can be contacted by telephone on 09 86 23 14 22.
Article 4 – Rates
The prices of the accommodation appearing on the site are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order, excluding any tourist tax.
La Maison de Sofia reserves the right to pass on any change in the VAT rate to the price of accommodation. The owner also reserves the right to modify its prices at any time. However, the price appearing on the site on the day of the order will be the only one applicable to the buyer.
Customers reserving accommodation must pay a tourist tax, fixed by deliberation of the municipal council concerned by the accommodation reserved, if they are not domiciled in the municipality and do not have a residence there for which they would be subject to council tax. This tourist tax, if it is not explicitly added to the price of accommodation and paid when booking, may be applied and requested on site at the end of the stay. However, it will be detailed to the customer, if it is applicable to him, on the invoice that will be given to him.
Article 5 – Duration of stay
The customer signing this contract concluded for a fixed period may not under any circumstances claim any right to remain in the premises at the end of his stay.
Article 6 – Exemption from liability of the publisher in the context of the execution of this contract
In the event of impossibility of access to the site, due to technical problems or of any kind, the user cannot claim damages and cannot claim any compensation. The unavailability, even prolonged and without any time limit, of one or more services offered by the site cannot constitute a prejudice for Internet users and cannot in any way give rise to the granting of damages from of the site editor. The photographs of the accommodations and services presented on the site have no contractual nature, the responsibility of the publisher of this site cannot therefore be engaged if the characteristics of the accommodations differ from the visuals present on the site or if the latter are incorrect. or incomplete. The hypertext links present on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes the legislation in force. Similarly, the responsibility of the publisher of this site cannot be engaged if the visit by the Internet user to one of these sites causes him harm.
Article 7 – Intellectual property rights relating to the elements published on this site
All the elements of this site belong to the publisher or to a third-party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of logos, text, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting.
Article 8 – Trademarks
The trademarks and logos contained in the site are registered by La Maison de Sofia, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, distributions and reruns incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 9 – Limitation of liability
The publisher of the site, in particular in the online reservation process, is bound only by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or others. The publisher of the site, La Maison de Sofia, cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. The user expressly admits using the site at his own risk and under his exclusive responsibility. The site provides the user with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, La Maison de Sofia cannot be held responsible: – for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, data that may among other things result from the use of the site, or on the contrary from the impossibility of its use; – from a malfunction, from unavailability of access, from misuse, from bad configuration of the computer of the user, or the use of a browser little used by the user; – the content of advertisements and other links or external sources accessible by the user from the site.
Article 10 – Access to the website
The responsibility of the publisher of the website cannot be engaged due to the technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, updating, modification of the site, an intervention by the host, an internal or external strike, a network failure, a power cut, or even incorrect configuration or use of the user’s computer.
Article 11 – Applicable law and mediation
These general conditions are subject to the application of French law. They can be modified at any time by the publisher of the site or his agent. The general conditions applicable to the user are those in force on the day of his reservation or his connection to this site. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them. Except for public order provisions, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the site editor for an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided, of public order, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.
Consumer mediation: According to article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute which opposed to a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation system”. As such, La Maison de Sofia SARL offers its private customers, in the context of disputes that have not been resolved amicably, the mediation of the AGREED CONSUMER MEDIATOR – DEVIGNY MEDIATION, whose contact details are as follows:
Name of the mediator: DEVIGNY MEDIATION
Address: 9 avenue René GASNIER, D01 – 49100 ANGERS
Email address: email@example.com
It is recalled that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.
A “Cookie” allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use “Cookies” mainly to 1) obtain navigation statistics in order to improve the user experience, and 2) allow access to content that is not accessible without memory. user actions (particularly in the booking process). The user acknowledges being informed of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the event of a legal requisition. The User can refuse the registration of “Cookies” or configure his browser to be warned before accepting “Cookies”. To do this, the user will configure his browser:
– For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
– For Safari: https://support.apple.com/fr-fr/ht1677
– For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
– For Firefox: https://support.mozilla.org/fr/kb/enable-disable-cookies
– For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 13 – Reservation process and conclusion of the reservation contract
We will define below as “Basket” the intangible object grouping together all the services selected by the user of the site for a reservation. As soon as the Internet user considers that he has selected and added to his basket all the services he wishes to book, he will have the possibility of validating his reservation. He will then be redirected to a summary page where he will be informed of the number and characteristics of the nights reserved, as well as their unit price. If he wishes to validate his order, the Internet user must tick the box relating to the ratification of these general conditions and click on the validation button. The Internet user will then be redirected to a page in which he will have to fill in the fields of the reservation form. In the latter case, he will have to provide a certain amount of personal data concerning him, necessary for the smooth running of the reservation. The Internet user will then be able to confirm his reservation with the site, and the user will be given payment instructions to conclude this reservation, with the means of payment listed in the section of these general conditions relating to payments. The Internet user is invited to pay within a maximum period of 48 hours (but more quickly if it is a reservation made with less notice) a deposit representing 50% of the total amount of the nights reserved, the balance being required upon his arrival at La Maison de Sofia. Once this payment has been received, the reservation becomes firm and this contract is concluded. By this payment the customer confirms his full agreement with these general conditions. It is recalled that without the payment of the payment within the time limit, the reservation is not confirmed and that, consequently, the owner reserves the right to recover the accommodation requested. Once his reservation has been made, the Internet user will be sent an email or post confirming the reservation, reminding him of the content of the reservation and the services requested, and the price thereof. Consumption and additional services not mentioned in this contract will be paid by the customer to the owner, at the latest at the end of the stay.
Article 14 – Information relating to the payment of the reservation
The Internet user can place an order on this site and can pay, when booking and before arriving at the accommodation, by Paypal or credit card. Once at the accommodation, the following means of payment are accepted: cash, Paypal, credit card. Payments by credit card via the site are made through secure transactions provided by an online payment platform provider. This site does not have access to any data relating to the means of payment of the user. Payment is made directly into the hands of the bank or payment provider receiving payment from the customer.
Article 15 – Conditions for canceling the reservation
Cancellation by the customer: Any cancellation must be notified to the owner, as soon as possible, by e-mail or post, fax or telephone. In accordance with Article L.221-28 of the Consumer Code, the reservation of accommodation services is excluded from the right of withdrawal for contracts concluded at a distance. The legal withdrawal period of 14 days (article L.221-18 of the Consumer Code) cannot therefore apply. On the other hand, the owner of the accommodation offers reimbursement facilities in the event of cancellation or no-show, according to the following terms:
a) Cancellation before the start of the stay: If the cancellation occurs more than 30 days before the start of the stay, the deposit is fully refunded. If the cancellation occurs more than 24 hours before the start of the stay, the deposit remains with the owner. If the cancellation occurs less than 24 hours before the start of the stay, the deposit remains with the owner who will also request payment of the balance of the price of the stay.
b) If the client does not appear before 7 p.m. on the day scheduled for the start of the stay, this contract becomes void and the owner may dispose of his guest rooms. The deposit remains with the owner who reserves the right to claim the balance of the price of the stay.
c) In the event of a shortened stay, the price corresponding to the initial stay remains fully acquired by the owner. Unused additional services will be refunded. In the event of a shortened stay, the price corresponding to the cost of accommodation remains fully acquired by the owner. Any additional services not consumed will be refunded.
Cancellation by the owner of the accommodation: if before the start of the stay the owner wishes to cancel the reservation, the customer will be notified as soon as possible by e-mail or post, fax or telephone. The customer, without prejudice to claims for compensation for any damages suffered, will be reimbursed immediately for all sums paid at the time of the reservation or subsequently and relating to this reservation (possible deposits, deposits, advances, etc.).
Article 16 – Conditions of stay, rules of life and respect for the premises
The customer must respect the arrival and departure times which are as follows: Arrival from 3:00 p.m. to 7:30 p.m., departure before 11:00 a.m. The customer must present himself on the day mentioned on the booking confirmation received. In case of late or delayed arrival, the customer must notify the owner.
Use of accommodation places: the customer must respect the peaceful character of the places (accommodation and environment) and make use of them in accordance with their destination. He undertakes to leave the accommodation in good condition.
Capacity: The accommodation offers presented on the site are for a specific or maximum number of people. If the number of customers exceeds the number indicated in the description of the accommodation or the order confirmation, the owner is able to refuse the additional customers or to request the payment of an additional sum. This refusal can in no way be considered as a modification or breach of the contract at the initiative of the owner, so that in the event of the departure of a number of customers greater than those refused, no refund can be considered.
Pets: unless otherwise specified in the descriptions of the accommodation offered, animals are not accepted in the accommodation, and the stay of these animals will be refused by the owner In the event of the owner’s refusal to accommodate certain animals on the premises of the accommodation, this refusal can in no way be considered as a modification or breach of the contract at the initiative of the owner, so that in the event of the client’s departure, no refund can be considered.
Article 17 – Archiving
La Maison de Sofia will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 18 – Framework of conditions
If any provision of the Terms and Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These present conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The general conditions are not assignable, transferable or sublicensable by the user himself.
Article 19 – Notices
Any notification or opinion concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognized courier service which makes it possible to regularly follow its packages, or by email to the addresses indicated in the legal notices of the site, specifying your surnames, first names, contact details and subject of the notice.
Article 20 – Complaints
Any complaint related to the use of the website, the service, or any other related service, the pages of the site on any social networks or the general conditions, legal notices or personal data charter must be filed within 365 days of the day of origin of the problem giving rise to the claim, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be inapplicable in court.
Article 21 – Inaccuracies
It may be possible that there are, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that is in disagreement with the general conditions, the legal notices or the charter. of personal data. In addition, it is possible that unauthorized modifications may be made by third parties to the site or to related services (social networks, etc.). We make every effort to ensure that such discrepancies are corrected. In the event that such a situation escapes us, please contact us by post or by email at the addresses indicated in the legal notices of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to permit us to contact you. For copyright inquiries, please refer to the Intellectual Property section.
All rights reserved – October 11, 2021