GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – Scope of application
These terms and conditions apply in full and without limitation to any purchase of accommodation services (the “Services”) offered by Atlantic Surf Lodge – SARL Vague d’OR (the “Provider”) to consumers and non-professional customers (the “Customers or a Customer”).
The main features of the Services are described on the Provider’s website.
The Customer must read these terms and conditions before ordering any service. The selection and ordering of services is the sole responsibility of the Customer.
In accordance with the law 78-17 of January 6, 1978, it is reminded that the personal data requested from the Client are necessary for the processing of his reservation and the establishment of invoices, among others. These data may be communicated to any of the Provider’s partners responsible for the execution, processing, management and payment of orders. The processing of information provided via the website “www.atlanticsurflodge.com” meets the legal requirements for data protection, as the information system used ensures optimal protection of this data. In accordance with the French Data Protection Act of January 6, 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has the right to access, rectify, oppose, delete and port all of his personal data at any time by writing, by mail and providing proof of his identity, to: Atlantic Surf Lodge – SARL Vague D’Or – 7 Rue du Pignadar – 40480 Vieux Boucau – France.
These terms and conditions apply to the Services without prejudice to any other terms and conditions.
These general terms and conditions are systematically given to any Customer before the conclusion of the present service contract and will prevail, if necessary, over any other previous version, or any contradictory document.
The Client declares that he has read these general conditions before concluding this service contract. The validation of the reservation by the Client implies the full and complete acceptance without restriction or reserve of the present general conditions.
As these terms and conditions may be amended from time to time, the version in force at the time the contract is concluded shall apply.
The Supplier’s contact information is as follows:
Atlantic Surf Lodge – SARL Vague D’Or 7 Rue du Pignadar 40480 Vieux Boucau France firstname.lastname@example.org
ARTICLE 2 – Orders
The Customer chooses the services to be ordered, as follows:
– The Customer fills in the “reservation form” and sends it only by e-mail to the above-mentioned e-mail address.
– Atlantic Surf Lodge – SARL Vague d’OR will send an invoice to the Client upon receipt of the reservation form.
– Atlantic Surf Lodge SARL must receive payment no later than 4 weeks prior to the arrival date.
It is the Customer’s duty to verify the accuracy of the order and to inform the Company immediately of any errors.
Atlantic Surf Lodge – SARL Vague d’OR will consider the reservation as complete only after the full payment of the invoice which must be made at the latest 4 weeks before the arrival date as mentioned in the reservation form.
Failure to pay the invoice within this period will result in the cancellation of the reservation by Atlantic Surf Lodge – SARL Vague d’OR.
All payments must be made by bank transfer.
Atlantic Surf Lodge – SARL Vague d’OR may cancel or refuse any order from a Customer with whom there is a current or previous dispute regarding payment of the order.
ARTICLE 3 – Prices
The prices indicated on the site www.atlantic-surflodge.com are expressed in euros and include all taxes.
They can be modified at any time without notice. The prices applied are those in force at the time of the order within the limit of available stocks and subject to typographical error or modification of the French VAT rate. Any change in this rate would then be reflected immediately in the sales prices.
All prices are fixed prices.
The price to be paid by the Customer is equal to the total amount of the purchase order.
An invoice is issued by Atlantic Surf Lodge – SARL Vague d’OR and sent to the Client upon receipt of the reservation form.
ARTICLE 4 – Terms of payment
The price is payable in full, upon receipt of the invoice sent by Atlantic Surf Lodge – SARL Vague d’OR and after completion of the reservation procedure as specified above in Article 2 “Orders”, by secure bank transfer.
Failure to pay at least 4 weeks prior to the arrival date, as mentioned in the reservation form, may result in the cancellation of the reservation by the company.
For reservations for 6 or more people, a prepayment of 30% must be sent to the company with the reservation form.
The Supplier shall not be obliged to perform the ordered services in case of partial payment.
The Customer shall not be charged any additional costs beyond those incurred by the Provider for the use of the means of payment.
ARTICLE 5 – Provision of Services
The services ordered include:
– Half board accommodation (breakfast and dinner) according to the choices made on the booking form;
– Arrival between 3pm and 7pm (local time) on the date mentioned for the first day in the reservation form.
– Departure on the date mentioned for the first day in the reservation form and in any case before 11 am (local time).
– Daily cleaning of rooms and common areas.
– The furnishing of household linen on the first day, for the entire stay of the Client.
– WIFI connection on the Atlantic Surf Lodge – SARL Vague D’Or network.
The Customer acknowledges that it is prohibited to use this service contrary to applicable French law. In particular, the Customer is prohibited from:
– Attempt to access devices connected to the network.
– Make illegal or immoral downloads.
– View online videos legally or illegally.
– To send out mass e-mailings (spamming).
– Attempting to gain unauthorized access to a computer. By accepting these Terms of Service, the Customer certifies that his computer is virus-free and protected by up-to-date antivirus software. The client is responsible for his computer and Atlantic Surf Lodge – SARL Vague D’Or cannot be held responsible for its loss, theft or damage.
– Surfing lessons, as the case may be, depending on the duration chosen.
– Yoga classes, as appropriate.
– Transfer fees from the train station or airport according to the Customer’s choice.
For this purpose, it is reminded that transfers are managed by Westcoast Transfert under their sole responsibility, and the Customer discharges Atlantic Surf Lodge – SARL Vague d’OR of any responsibility for the realization of these transfers for which the Customer bears the full responsibility of all related risks.
The services described above take into account the number of participants as mentioned on the reservation form, the Client may have the possibility to modify the name of the participants but without any possibility to modify neither the number of participants nor the chosen services.
The services ordered do not include the following ancillary services which will be invoiced separately at the request of the Customer
– Lunch: 10 €/day and per person
– Surfboard: € 15/day per person // € 95/week per person
– Surf suit: 5 €/day and per person // 30 €/week and per person
– Towel : € 5/day and per person
– Washing machine: € 5/wash machine
– Bicycle : free
– Loss of locker/key: € 10/loss
– Loss of the bike: 100 €/bike
For rentals, the Supplier will ask the customer, upon arrival, to pay a deposit of 40 €, which will be refunded on the date of return of the rented items, or deducted from the amounts due.
The Supplier shall use its best efforts to provide the services ordered by the Customer and shall be bound by the limits of due diligence.
If the services were not carried out for any other cause than the force majeure or the behavior of the Customer, the sale will be able to be cancelled on written request of the Customer in the forms envisaged in articles L 216-2, L 216-3 and L241-4 of the code of the consumption.
The sums previously paid by the Customer will be reimbursed to him at the latest 14 days after the termination of the contract, to the exclusion of any indemnity or deduction.
– Company name: Atlantic Surf Lodge Vague d’OR,
– Type of company : SARL,
– Share capital : 5000 €,
– Head office : 7 Rue du Pignadar, 40480 Vieux Boucau, France.
- Registration number : 752 454 165 RCS DAX.
ARTICLE 6 – Supplier’s liability
Atlantic Surf Lodge – SARL Vague D’Or cannot be held responsible for the loss, theft or deterioration of the client’s personal items.
ARTICLE 7 – Force majeure
The Parties shall not be held liable if the non-performance or any delay in the performance of any of their obligations as prescribed in this Agreement is due to a Force Majeure event as defined in Article 1218 of the French Civil Code.
The party having knowledge of this event must inform the other party without delay of its impossibility to perform the services and must thus provide explanations to this party. Postponement of performance of the obligation shall not give rise to any liability for non-performance of the obligation, nor shall it give rise to any damages or interest for delay.
ARTICLE 8 – Cancellation Process
The Client may request the cancellation of his reservation in the following manner:
– The Client must send his request for cancellation by official mail with acknowledgement of receipt to the above address of Atlantic Surf Lodge – SARL Vague d’OR.
– The cancellation fee will be as follows:
– For any cancellation request received by Atlantic Surf Lodge – SARL Vague d’OR at the latest 4 weeks before the arrival date mentioned in the reservation form, Atlantic Surf Lodge – SARL Vague d’OR will not receive any remuneration and the Client will be reimbursed within a period not exceeding 30 days from the receipt of the cancellation request.
– For any cancellation request received by Atlantic Surf Lodge – SARL Vague d’OR between 2 and 4 weeks prior to the arrival date mentioned in the reservation form, Atlantic Surf Lodge – SARL Vague d’OR will retain 50% of the total amount of the initial invoice, with the Client being reimbursed within a period not exceeding 30 days of receipt of the cancellation request.
– For any cancellation request received by Atlantic Surf Lodge – SARL Vague d’OR between 1 and 2 weeks prior to the arrival date mentioned on the reservation form, Atlantic Surf Lodge – SARL Vague d’OR will retain 70% of the total amount of the initial invoice, with the Client being reimbursed within a period not exceeding 30 days of receipt of the cancellation request.
– For any cancellation request received by Atlantic Surf Lodge – SARL Vague d’OR within one week prior to the arrival date mentioned in the reservation form, Atlantic Surf Lodge – SARL Vague d’OR will retain 100% of the total amount of the initial invoice, and the client will not be entitled to any refund.
– The above-mentioned cancellation fee is intended to compensate Atlantic Surf Lodge – SARL Vague d’OR for the loss incurred by the cancellation due to the risk of unoccupied accommodation for Atlantic Surf Lodge – SARL Vague d’OR.
ARTICLE 9 – Applicable Law – Language
This Agreement shall be governed by and construed in accordance with French law.
The French language version of these terms and conditions of sale shall prevail over any other translation.
ARTICLE 10 – Conflicts
The French courts shall have exclusive jurisdiction to settle any disputes that may arise in connection with the provision of the Services pursuant to these terms and conditions, including but not limited to their severability, interpretation, performance, termination and consequences, if the parties have not reached an amicable settlement.
The Customer is informed that he can in any case seek an amicable settlement in particular by referring to the Consumer Mediation Commission (art. L 612-1 of the Consumer Code) or any sectoral institution and that he can also resort to any other method of dispute resolution (e.g. conciliation) in case of conflict.
ARTICLE 11 – Pre-contractual information – Customer consent
The Customer acknowledges that the present general conditions were communicated to him, before the order and before the conclusion of the contract, in a clear and comprehensible way, as well as the other information listed in the article L.221-5 of the code of the consumption and in particular the following information:
– The main characteristics of the Services provided.
– Price of the Services and related costs.
– The absence of immediate execution of the contract, the date or the period within which the service provider intends to provide the ordered services.
– Information about the service provider’s identity, mailing address, telephone number, e-mail address, and activities if not deduced from the context.
– Information about the customer’s legal and contractual rights and how to enforce them.
– The functions of the electronic content and, where applicable, its interoperability.
– The possibility of seeking an amicable settlement in case of conflict.
The fact that an individual (or a company) places an order for an immediate purchase or for a service implies the acceptance and full adherence of the Customer to these general conditions and the obligation to pay for the ordered Services. The Customer accepts these general conditions and waives the right to invoke any contradictory document against the Supplier, which would be void for the Supplier.