General terms and conditions of sale

ARTICLE I - PREAMBLE

The present general terms and conditions of sale (GTC) are applicable to any reservation made by the Client.

They define the rights and obligations of the parties in the context of the reservation of services offered by the Establishment whose contact details are specified in this document and in the Reservation Confirmation. They govern the mutual obligations of the contracting parties.

These GTC are available to the Client on the Establishment's website: www.residence-omigna.com. Any reservation therefore implies the Client's full and unreserved acceptance of these GTC.

For any information, the Omigna Residence team can be reached at the following e-mail address: contact@residence-omigna.com

ARTICLE II - DEFINITIONS

The terms and expressions used in these General Terms and Conditions of Sale, when preceded by a capital letter, for the purposes of the interpretation and performance hereof, are defined as follows

- Establishment": the term "Establishment" refers to Residence Omigna, a simplified joint stock company whose corporate purpose is hotel and similar accommodation activity.

- Client": a natural or legal person acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity and who subscribes to the services offered by the Establishment.

- Conditions of sale of the reserved fare": specific conditions of each reservation, made by the Client, relating to the payment of the reservation, the modifiable/non-modifiable or cancellable/non-cancellable nature of the reservation.

- Booking Confirmation": an e-mail sent by the Establishment summarising the characteristics of the booking, the accommodation, the amounts paid and by which he may enter his bank card number in the case of a prepayment or guarantee. Acceptance of the Reservation Confirmation has the effect of contractually binding the Client.

- Partners" means service providers such as tour operators, travel agencies and online booking sites other than the Establishment.

- Online booking": booking of accommodation by means of the electronic booking form on the establishment's website or partner websites, or by e-mail.

- Service": provision of accommodation whose characteristics are presented on the website of the Establishment, or partner websites.

- Internal Regulations": a document displayed at the reception of the establishment and identifying the rights and obligations of the Client and the establishment. It sets out the operating rules of the residence.

ARTICLE III - PURPOSE

These GTCs define the obligations and rights of each of the parties, the Establishment and the Client, from the time of booking until the service is provided and the price paid.

ARTICLE IV - CONSENT &AMP; SCOPE

These terms and conditions apply to all bookings made by internet (on the website of the establishment or a partner website), by telephone or on site.

The Client undertakes to reserve accommodation for non-professional purposes: he/she may not carry out any commercial, industrial, craft or any other professional activity.

The Customer declares that he/she is fully capable of entering into a commitment under these GTC and expressly gives his/her consent to these GTC.

In accordance with the French Data Protection Act of 6 January 1978 and the RGPD (General Data Protection Regulation), which came into force on 25 May 2018, the Customer has the right to access, rectify, oppose, delete and port all of his personal data at any time by sending a simple request by post or email, providing proof of his identity:

Postal address: Résidence Omigna, Route de Piana 20130 CARGESE

Email address: contact@residence-omigna.com

ARTICLE V - TARIFF CONDITIONS

The establishment practices dynamic pricing. The accommodation may be booked at the daily rates offered on the website www.residence-omigna.com or a partner website. The establishment cannot be held responsible for a difference in rate for the same rental (duration, category, number of persons) and displaying a different rate.

Prices are quoted inclusive of all taxes and in Euros (excluding tourist tax and other local taxes) and are per flat for the number of person(s) indicated and for the date selected.

Several tariffs are available:

The STANDARD rate: best rate of the day offered at the time. The deposit is 30% at the time of booking followed by 70% thirty (30) days before the arrival date.

The SMART rate: best rate of the day offered at the moment with immediate discount. The total amount of the reservation must be paid in full at the time of booking. It is non-cancellable, non-modifiable and non-refundable.

The LAST-MINUTE rate: best rate of the day offered at the time for a stay starting within 5 days of booking, subject to availability.

The RESIDENT CORSICA fare: best discounted fare (-15%) based on the STANDARD fare, for Customers residing in Corsica (proof to be provided on arrival), fare subject to availability and valid from 1 May to 29 June and from 8 September to 13 November.

ARTICLE VI - RESERVATION

The hotel offers four categories of accommodation: Superior and Premium on the upper floor and Superior and Premium on the garden level. The hotel also offers a specially adapted flat for people with reduced mobility (Superior garden flat).

Each flat has a free parking space (not numbered), outside and not covered.

The Client is solely responsible for choosing the services presented on the website of the Establishment or partner websites, according to his needs.

The prices are confirmed to the Client in Euros (excluding tourist tax and local tax, to be paid on the spot), and are valid only for the period indicated on the booking platform. If the debit to the establishment is made in a currency other than that confirmed on the booking, the exchange costs are at the Client's expense. All bookings, regardless of their origin, are payable in Euros.

Unless otherwise stated on the booking platform, additional services (breakfast, extra services, personal welcome, etc.) are not included in the price. Taxes (local taxes, tourist taxes, etc...), if any, presented on the price page, are to be paid directly to the Establishment. The prices take into account the VAT applicable on the day of the order and any change in the VAT rate will automatically be reflected in the prices indicated on the date of invoicing. Any change or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of the invoice.

The Client chooses the services presented on the booking platform of the Establishment or partner. The Client acknowledges that he/she has taken cognisance of the nature, the destination and the booking methods of the services available. The Client is solely responsible for the choice of services and their suitability to his/her needs, so that the Establishment cannot be held liable in this respect. The reservation is deemed to be accepted by the Client at the end of the reservation process.

The Client undertakes to provide all identity and address information requested at the time of booking. The Client attests to the truthfulness and accuracy of the information provided. After the final choice of the services to be booked, the booking procedure includes in particular the entry of the bank card in the event of a request for a guarantee or prepayment, the consultation and acceptance of the general terms and conditions of sale and the terms and conditions of sale of the rate booked before the booking is validated and, finally, the validation of the booking by the Client.

RESERVATION DIRECTLY WITH THE ESTABLISHMENT: Reservations can be made via the establishment's website www.residence-omigna.com, by telephone or on site. All reservations will be considered complete upon receipt of the prepayment made by the Client.

The Client gives his full agreement to the Establishment to carry out a Secure Distance Sale (SDV) in settlement of the reserved services under the reserved conditions. This VADS will be carried out in accordance with the regulations in force for electronic payment transactions. The Client communicates his/her bank details, as a pre-payment requested and as a guarantee of the reservation by credit card (Visa, Mastercard, American Express according to the possibilities offered by the establishment's reservation platform) by indicating directly, in the area provided for this purpose (secured entry by SSL encryption - 3D Secure), the card number, without spaces between the digits, as well as its date of validity (it is specified that the bank card used must be valid at the time of consumption of the service) and the visual cryptogram. He/she must present himself/herself at the establishment with the bank card that was used to guarantee the reservation.

The entry of the required banking information, as well as the acceptance of the present general conditions and of the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerised registers kept in the computer systems of the Residence will be kept in reasonable conditions of security and will be considered as proof of the communications, orders and payments made between the parties.

BOOKING THROUGH A PARTNER: Bookings can also be made through the booking services of Partners. The Client accepts these GTCs when making a reservation via the Partner.

The booking, payment and cancellation conditions differ between a direct booking with the Establishment and a booking via a Partner (see Articles IX & XI).

ARTICLE VII - CONFIRMATION OF RESERVATION

A confirmation of the reservation will be sent to the Client by electronic means (e-mail address given at the time of reservation) as soon as the prepayment is received by the Establishment or its Partners.

This confirmation of reservation will include the elements of the reservation: the dates of stay, the number of persons, the rates, the sales conditions relating to the chosen rate and accepted by the Client, as well as the contact details of the Establishment.

ARTICLE VIII - CUSTOMER SERVICE

By post: Résidence Omigna - Route de Piana 20130 CARGESE

By phone: +33 7 77 86 19 13

By mail: contact@residence-omigna.com

ARTICLE IX - PREPAYMENT

Payments by cheque are not accepted.

In the case of a Reservation made directly with the Establishment or on the website www.residence-omigna.com:

Except for different booking conditions (SMART or LAST MINUTE rate - non-cancellable and non-refundable), 30% of the total amount of the stay will be debited at the time of the Booking. This prepayment is referred to as a deposit.
The balance of 70% of the total amount of the reservation will be debited 30 (thirty) days before the arrival date.

Before the arrival of the Client, the total amount must have been paid to the Establishment.

In the case of a reservation made on the website of one of the establishment's partners and in accordance with their general conditions:
- 100% of the amount of the reservation must be paid at the time of booking.

In both cases, the Establishment will ask the Client, on arrival, for a deposit by means of a bank pre-authorisation, deposit or authorisation to debit the credit card, in order to guarantee payment of the sums corresponding to the services consumed on site.

ARTICLE X - CANCELLATION &AMP; MODIFICATION CONDITIONS

BY THE CUSTOMER: In accordance with Article L. 221-28 of the Consumer Code, the Customer does not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code.

The terms and conditions for cancelling and/or amending the booking are set out in the price conditions at the time of booking and on the Booking Confirmation.

Reservations with full prepayment (non-cancellable, non-modifiable and non-refundable rates) cannot be modified, refunded and/or cancelled.

In the event of a change to the reservation, and if the modification terms of the chosen tariff allow it, the Client may contact the establishment by any means in order to make the change.

In the event of interruption of the stay due to the Client (voluntary or not), the full price of the stay will be due; and in the case of a total prepayment of the stay, no refund will be made.

IN THE EVENT OF DISPLACEMENT: In the event of an exceptional event, force majeure or the impossibility of making the reserved flat available to the Client, the Establishment reserves the possibility of accommodating the Client, in whole or in part, in accommodation of an equivalent category, for services of the same nature and subject to the prior agreement of the Client.

ARTICLE XI - CANCELLATION POLICY

As invoicing is based on the services ordered for the entire stay, the Client is invited to pay the greatest attention to the cancellation conditions defined below:

1/ The following are considered as cancellation

- Change of booking dates,
- Failure to pay contractual instalments,
- Oral or written warning of the Client's non-attendance for personal reasons,
- Failure of the Client to attend without warning,
- Failure to comply with the Institution's rules.

2/ Cancellations of all or part of the initial reservation must be accepted in writing by the establishment, which may, however, refuse the request to modify the services without any reason. In the absence of written acceptance by the establishment, the reservation is maintained under the initial terms and the establishment cannot be held liable for the payment of any compensation.

3/ Any stay booked or started at the Establishment is due in full in accordance with the reservation made by the Client. No reduction or discount will be made in the event of non-arrival or early departure, at the Client's initiative, whatever the reason, except for the exceptions set out below.

4/ The Client may cancel the booking by e-mail, by post or by following the link in the Booking Confirmation e-mail provided for this purpose, in accordance with the conditions below.

CANCELLATION CHARGES FOR BOOKINGS MADE DIRECTLY WITH THE ESTABLISHMENT (not including bookings made via a Partner website) :

They vary according to the time between the date of the booked stay and the day of receipt of the cancellation request, and according to the tariff conditions chosen.

STANDARD tariff :

- more than 45 days before arrival, no cancellation fee is applied. The deposit is refunded.
- from 44 days to 31 days before arrival, 50% of the total amount of the reservation is due
- from 30 days to 15 days before arrival, 75% of the total amount of the reservation is due
- from 14 days to 1 day before arrival, 90% of the total amount of the reservation is due
- in case of cancellation or no-show on the arrival day, 100% of the total amount of the reservation is due.

SMART tariff & LAST MINUTE tariff :

This rate is non-modifiable, non-cancellable and non-refundable. 100% of the reservation must be paid in full at the time of booking. 100% cancellation fee.

For any reservation or cancellation on the day of arrival or in case of no show, 100% of the reservation will be charged.

Resident Corsican rate :

- more than 31 days before arrival, no cancellation fee is applied. The deposit is refunded.
- from 30 days to 1 day before arrival, 30% of the total amount of the reservation is due
- in case of cancellation or no show on the day of arrival, 100% of the total amount of the reservation is due.

NON-PRESENTATION (NO-SHOW) :

If the Client fails to arrive on the day and at the time of arrival and without having cancelled the reservation, the Establishment will debit the Client for 100% of the total amount of the reservation. Furthermore, the Reservation will be considered cancelled for the remainder of the stay twelve (12) hours after the latest scheduled arrival time (i.e. 8 p.m.) in the context of the reservation unless the Client informs the establishment otherwise.
These provisions apply both to bookings made directly and to bookings made via the Establishment's partner sites.

EARLY DEPARTURE :

Any stay started is due in full. Early departures and services not used by the Client, for whatever reason, do not entitle the Client to any refund or reduction. The balance of the stay, including extras, will be invoiced in full. Under no circumstances shall the establishment be entitled to reimbursement.

CANCELLATION FEE FOR BOOKINGS MADE VIA A PARTNER :

They vary according to the period between the date of the booked stay and the day of receipt of the cancellation request, and according to the tariff conditions chosen.
- more than 45 days before arrival, 30% of the total amount of the reservation is due
- from 44 days to 15 days before arrival, 75% of the total amount of the reservation is due
- from 14 days to the day of arrival and in case of no show, 100% of the total amount of the reservation is due.

ARTICLE XII - DURATION OF THE STAY :

ARRIVAL: In accordance with the regulations in force in certain countries, the Client may be asked to complete a police form on arrival. The Customer will be asked to present an identity document in order to verify whether or not he/she must complete the police form.

A deposit of €1,500 (one thousand five hundred euros) will be requested from the Client on arrival. A bank pre-authorisation will be made on the credit card used for the reservation. This pre-authorisation will be returned after departure if no damage is found after the Client has left the accommodation. No credit can be granted. The Client is advised to take steps to ensure that they have the necessary funds available (requesting the bank to increase the weekly spending limit, paying in advance before or during the stay).

On arrival, the Client must report to the reception of the establishment. The availability of the reserved accommodation is guaranteed from 5 p.m. on the day of arrival (except in cases of force majeure).

The Client is requested to inform the establishment of his time of arrival either at the time of booking in the "remarks / requests" section, or between the time of booking and arrival by e-mail or telephone.

In the event of late arrival, after 8pm, the keys to the accommodation will be made available to the Client by a secure means. Check-in will then be carried out the following morning.

In case of early departure (before 8:00 am), the check-out will be done the day before the departure before 8:00 pm.

Animals are not allowed in the establishment.

STAY:
Any behaviour contrary to good morals, public order and the Internal Regulations of the Establishment will lead the establishment to ask the Client to leave the premises without any compensation or refund if payment has already been made. The Client accepts and undertakes to respect the Internal Regulations. The Internal Regulations will be permanently displayed at the reception of the establishment. In the event of non-compliance by the Client with any of the provisions of the Internal Regulations, the establishment shall be obliged to ask the Client to leave the establishment without any compensation or without any refund if payment has already been made.

The Establishment is a completely non-smoking area. The Client shall be liable for any direct and/or indirect, consequential damage resulting from the act of smoking in the Premises. The Client shall therefore be liable for the full amount of the costs of cleaning and restoring the damaged element or space to its original state.

The Client's personal belongings left in the flats, particularly outside the safe or in the common areas of the establishment, are entirely the Client's responsibility. The establishment cannot be held responsible for the loss, theft, deterioration or damage caused to the said effects.

The Customer will be provided with internet access via a Wifi network, free of charge.

SWIMMING POOL & SPORT ROOM ACCESS:
The swimming pool area is intended to be a relaxation area and the pool is not supervised. As such:
Access to the swimming pool is forbidden to unaccompanied children under the age of 16; children are under the full responsibility of their parents or accompanying adults.
Access to the sports hall is forbidden to children under 16 years of age.

LUGGAGE STORAGE:
The establishment allows its clients to store their luggage at the reception desk for a short period of time between the departure of the accommodation and the departure of the establishment. However, this luggage remains under the responsibility of the Client. The establishment cannot be held responsible for the theft, loss or damage of luggage stored by Clients at the locker.

ARTICLE XIII - LIABILITY :

NON-PERFORMANCE OF THE RESERVATION :

The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, the act of a third party, the act of the Client, in particular the unavailability of the internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of unauthorised prepayment by the bearer's bank. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the Client will result in the cancellation of the reservation at the Client's expense, without prejudice to any civil or criminal action against the Client.

In accordance with article L.211-16 of the French Tourism Code, the establishment cannot be held responsible for exceptional and unavoidable circumstances such as war, attacks, riots, epidemics, pandemics, cyclones, tsunamis, or for reasons related to maintaining the safety of travellers or an injunction from an administrative authority.

In the event of theft, loss, breakage or damage to equipment, the amount will be deducted from the deposit paid on arrival, without application of the depreciation. If the amount of damage is higher, the Client will be asked to pay the balance.

ARTICLE XIV - COMPLAINTS :

Complaints relating to the non-performance or poor performance of the services booked must, on pain of foreclosure, be brought to the attention of the Establishment's Customer Service, mentioned in the GTC, in writing within eight days of the date of departure from the establishment.

The photographs on the site are illustrative and indicative. They allow the Client to have as accurate an overview as possible of the Establishment, the accommodation and the services provided. Also, changes may be made to both the furnishings and the decoration. It is specified that the accommodation does not have the same decorative elements and that they are not identical.

ARTICLE XV - DISPUTES :

The General Conditions are governed by French law, without prejudice to any mandatory protective provisions that may be applicable in the country of residence of consumers.
The Client is informed by the Institution of the possibility of resorting, in the event of a dispute relating to these General Terms and Conditions, to a conventional mediation procedure or any other alternative dispute resolution method, under the conditions provided for in Title I of Book VI of the Consumer Code.
After having referred the matter to the Customer service or the Establishment in an attempt to resolve the dispute amicably, and in the event of a negative response or the absence of a response within sixty (60) days from the date of referral, the Customer may refer the matter to the Tourism and Travel Ombudsman.

If the chosen method of amicable dispute resolution fails, either party may refer the matter to the competent court to settle the dispute.

ARTICLE XVI: AMENDMENT

These GTC may be modified at any time. In this case, the Establishment will transmit the modifications to the Client before the start of the services. The new version of the GTC will then apply to the relationship between the parties.

ARTICLE XVII: PARTIAL INVALIDITY

The nullity of one or more articles of these GTC shall not entail the nullity of the whole of them. All other provisions of these GTC shall remain applicable and effective.

ARTICLE XVIII - PROTECTION OF PERSONAL DATA :

In accordance with Law 78-17 of 6 January 1978, as amended by Law no. 2018-493 of 20 June 2018, it is reminded that the personal data requested from the Client at the time of booking and arrival are necessary for the processing of the booking and the preparation of invoices, in particular.

This data may be communicated to any of the Establishment's partners responsible for the execution, processing, management and payment of orders.

The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.

The processing of information provided by the Client complies with the legal requirements regarding the protection of personal data, as the information system used ensures optimum protection of this data. In addition, the Establishment may send its Customers its newsletter, promotional offers and a satisfaction questionnaire following their stay by e-mail.

The processing of information communicated via the Hotel's website has been declared to the CNIL.
In accordance with national and European regulations in force, the Customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her. This right may be exercised under the conditions and according to the procedures defined on the Establishment's page www.residence-omigna.com.

The content of the School's website is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.

ARTICLE XIX - INTELLECTUAL PROPERTY