COMMERCIAL CONDITIONS
Commercial conditions
(1) This website (the "Site") and/or the services, including any mobile applications connected to it (collectively the "Services") and the provision of hotel rooms for accommodation and related services ( the “Hotel Services”) through the Site, are owned and operated by OCEAN 7 (hereinafter also referred to as “we”, “us” or “our”). These Terms of Business (the “Terms”) set out the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and/or Services and purchase Products.
(2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms, and you agree to be bound by them. If you do not agree to all of the Terms, you must not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services or purchasing any Products. In these Conditions, you will find out who we are, how we sell our Products to you, how you can withdraw from the purchase contract and what you can do in the event of a problem.
(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.
(4) This site is published by OCEAN 7 [Registration No. 64122002177D3, SIRET 902 257 468 00014, Tel +33 7 87 61 07 07, ocean7@ocean7.fr].
The publication director is Christian Jost.
You can contact us :
By phone: +33 7 87 61 07 07 (price of a local call)
by e-mail: admin@ocean7.fr
by mail: 21 Ter Avenue Edouard VII, 64200 Biarritz, France
This Site is hosted by Wix.com
These Terms are provided in French. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.
To use our Site and/or benefit from our Services, you must be at least 18 years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms. as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if it is prohibited in your country, or by any law or regulation applicable to you.
In addition, before placing and confirming an order, you must read and agree to these Terms.
You can download and print these Terms.
Services or Options
1. You can reserve the Services or Options that we offer by contacting us directly [info@ocean7.fr] The prices that we charge are indicated on the Site or in the Supplements and Options section. We reserve the right to change the prices of the Services displayed at any time (provided that you will only be charged the amount agreed prior to any price change), and to correct any pricing errors that may inadvertently occur, with effect for the future. Additional information on prices and tourist tax is available on the Site during the booking process and in the booking summary. Prices include Value Added Tax (VAT) at the prevailing rate and other mandatory taxes, fees and charges. They do not include local taxes which you must pay in accordance with applicable municipal law, for example tourist tax. Prices are charged in the local currency of the country in euros.
2. Before contacting us, the prices of overnight stays are displayed in a booking summary. Additional taxes (tourist tax to be calculated according to the length of your stay and the number of people) and optional services, the prices of which are displayed, are to be taken into account and added to the amount of the stay.
3. After contact by e-mail or telephone, we will send you, if necessary on request, an estimate of the total amount of the desired service as well as the terms of payment and the confirmation of the reservation.
4. After receipt of your signed agreement of the documents transmitted (Quote) by email, we will send you a confirmation of receipt of your reservation request by email, in which your order will be summarized again, and which you can print or save using the corresponding function. . Automatic confirmation of receipt only documents receipt of your reservation request and does not constitute acceptance of that order by us.
5. The legally binding agreement for the reservation of our accommodation service is concluded only when we send you a notice of acceptance by email after receipt of your payment. We reserve the right not to accept your booking request. This does not apply in cases where we offer a payment method for your reservation request and you have chosen it, if a payment process is initiated immediately (for example, an electronic money transfer, or a instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement regarding the accommodation service is concluded when you complete the reservation process by sending written confirmation of your payment.
6. Prices displayed on our Site or Services are an average per night per person until a specific rate is selected. Additional services are not included on the reservation page but they are indicated and must be added to the price of the reservation at the time of payment. A minimum length of stay, deposit, cancellation fee or other conditions may apply to certain rates, as indicated.
7. The apartment is subject to maximum occupancy rules as posted. If you want to know more, contact us.
Check-in and check-out requirements
1. Check-in and check-out times are those indicated on our Site or our Services, unless otherwise published by us at the time of entering into the rental agreement with you.
2. After this normal departure time, a late check-out may be requested. It will remain subject to availability and will be charged at the rate published by the hotel at the time of conclusion of the contract. You are not entitled to a late check-out unless expressly requested and after our written agreement.
Payment
1. For reservations firm in advance, the price of the entire stay and options reserved is payable in advance at the time of reservation. Exceptionally and under certain conditions, a reservation may be considered firm subject to the payment of a deposit of 75% of the total amount of the planned stay. Consult us.
2. Any charges not yet paid must be paid in full upon departure from the hotel. If the charges due do not exceed the authorization taken at check-in, the debit authorization for the unused amount will be cancelled. This cancellation is usually fairly quick, but we cannot control how long it takes your credit card issuer or bank to process it.
Cancellation policy and no-shows
1. Cancellation of reservation is authorized and free of charge up to 7 days before arrival. If necessary, the deposit will be reimbursed up to this date. If the cancellation occurs within 7 days prior to arrival, the total amount of the nights, excluding the tourist tax and cleaning, will remain due.
2. Customers are allowed to change dates themselves:
- Only once, at least 10 days before their arrival
- If the fare is the same or higher than the original booking
- If the booking conditions and type of accommodation remain the same
3. Cancellation exceptions:
- Withdrawal period: 3 days after the reservation.
- Special situation during a pandemic due to COVID 19: In the event of cancellation less than 7 days before arrival due to a travel restriction linked to Covid 19, a closure of the residence for health reasons, a positive Covid 19 case (presentation of proof), or any restrictive measure on the part of the government preventing your arrival or the normal course of your stay, a credit note in your name is set up (valid for 12 months, usable partially or fully).
4. Modifications or cancellation by us
- If it was agreed when booking that you can cancel the contract without reason and free of charge within a certain period, we are also entitled to cancel the contract within this period (e.g. in the event of non-compliance with payment full or deposit agreed by contract).
- In the event of a justified cancellation on our part, you will not be entitled to damages.
5. Force majeure
We are not liable and will not pay any compensation if the performance of our obligations is prevented or affected, directly or indirectly, by or as a result of an event of force majeure or any circumstance beyond our reasonable control, including , but not limited to, flood, earthquake, extreme weather, natural disaster, pandemic, act of terrorism, fire, or failure of electricity, gas, water or any other utility, plant machine, computer, vehicle or any collapse of building structures, and provided that we have not acted negligently or culpably in any way it would be.
Intellectual property
1. Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, artwork, files, images, software, scripts, graphics, photos, sounds , music, videos, information, content, materials, products, services, URLs, technologies, documentations, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are our owned or licensed by us (collectively, “Our Intellectual Property”), and nothing herein grants you any rights in connection with Our Intellectual Property. Except as expressly provided herein or required by mandatory provisions of applicable law for use of the Services, you shall not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.
2. If the Products include digital content such as music or video, you are granted the rights specified for such content on the Site.
3. Exclusion of warranty for the use of the Site and the Services
The Services, Our intellectual property and all documents, information and content provided relating thereto which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranties regarding the security, reliability, timeliness, accuracy, or performance of our services, except for malicious non-disclosure of defaults. We do not warrant that our Free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty for the Products you have purchased from us, as mentioned in the “Warranty for Services Offered” section above, will not be affected.
4. Compensation
You agree to defend and hold us harmless against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees ) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in these Terms, unless such circumstances are not caused by your fault .
5. Limitation of Liability
- To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage which may arise to you or any third party (including any direct or indirect loss and any loss of revenue, profits, customers, data, contracts, and any loss or damage resulting from, or related to, business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time , even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use, or results of the use of this Site, (iii) any site website linked to this Site or the documents present on these linked websites
- We cannot be held liable for any delay or breach of our obligations arising from these Terms if such delay or breach results from a cause beyond our control and/or a case of force majeure within the meaning of article 1216 of the Civil Code.
6. Modification of the Terms or Services; interruption
We reserve the right to modify these Terms from time to time, at our sole discretion. You should therefore consult them regularly. If we change these Terms materially, we will notify you that material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or Service.
We may modify the Services, stop providing the Services or any features of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you sufficient notice of this if this is possible in the given circumstances and we will reasonably take into account your legitimate interests when taking such action.
7. Links to Third Party Sites
The Services may include links that take you out of the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.
8. Applicable law
These Terms shall be governed by and construed in accordance with the laws of [France], excluding conflict of law rules.
If you wish to draw our attention to a subject, a complaint or a question concerning our site, contact us: [admin@ocean7.fr]
If, after contacting us, you believe that the problem is not resolved, you will have the right to use the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 and following of the Code of the consumption. To submit your request to the consumer mediator, complete the online dispute resolution form accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
9. Miscellaneous
- No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.
- The section titles used in these Terms are for convenience only and have no legal substance.
- Unless otherwise stated, if any part of these Terms is determined to be illegal or unenforceable for any reason, it is agreed that that part of these Terms will be severed, the other terms of these Terms will not be affected and will remain in force.
- By accepting the Conditions, you undertake not to contest the probative value of the documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered proof of communications, orders and payments made between us.
- Your acceptance of the Conditions is equivalent to an agreement of proof, within the meaning of article 1368 of the Civil Code.
- You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
- These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of the Products.
- The provisions of these Terms, which by their nature should survive any action by us, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers of liability, limitations of liability and this “Miscellaneous” section.
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To contact us, send an e-mail to:
[OCEAN 7 - C. and L. Jost]
[21Ter Avenue Edouard VII, 713 - 64200 Biaritz France]
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Appendix 1 - Model withdrawal form
(Art. R. 221-1 of the Consumer Code)
Complete and submit the following form if you wish to withdraw from the agreement.
Right of withdrawal form
Att. : Customer service
OCEAN 7-C. and L. Jost
21Ter Avenue Edouard VII, 713 - 64200 Biarritz France
Email: admin@ocean7.fr
Sir, Madam,
I hereby inform you that I am withdrawing my Rental Reservation for the OCEAN7 apartment and associated options and supplements (for the following reasons [optional, but guest feedback appreciated]).
Dates of the reserved stay:
Date of reservation:
Amount and method of payment:
Payment date (if different from booking date):
Reservation, order or customer number (if available)
Surname First name (of the customer):
Address (of customer):
Such :
Email:
Date
Signature (of client) [if in paper form]