General terms and conditions of sale
ARTICLE I – PREAMBLE
These general terms and conditions of sale (GTC) apply to all reservations made by the Customer.
They define the rights and obligations of the parties with regards to the reservation of services offered by the Establishment, whose contact details are specified in this document and in the Booking Confirmation. They govern the reciprocal obligations of the contracting parties.
These GTC are available to the Customer on the Establishment's website: www.residence-omigna.com. Any reservation therefore implies full and unreserved acceptance of these GTC by the Customer.
For any information, the Résidence Omigna team can be contacted at the following email 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 interpretation and execution hereof, are defined as follows:
• « Establishment »: the term "Establishment" refers to Résidence Omigna, a simplified joint stock company whose corporate purpose is hotel and similar accommodation activities.
• « Client »: a natural or legal person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity and who subscribes to the services offered by the Establishment.
• « Conditions of sale of the reserved rate »: specific conditions for each reservation made by the Customer, relating to the payment of the reservation, whether the reservation can be modified / not modified or cancelled / non-cancellable.
• « Booking Confirmation »: email sent by the Establishment which summarizes the characteristics of the reservation, the accommodation, the amounts paid and by which it possibly enters its credit card number as part of a prepayment or guarantee. Acceptance of the Booking Confirmation has the effect of contractually binding the Client.
• « Partners »: service providers such as tour operators, travel agencies and online booking sites other than the Establishment.
• « Online Booking »: accommodation booking via the dematerialized booking form on the Establishment's Website or Partner Websites, or by email.
• « Service »: provision of accommodation whose characteristics are presented on the Establishment's Website, or Partner Websites.
• « Internal Regulations »: document displayed at the reception of the Establishment and identifying the rights and obligations of the Client and the Establishment. It sets the operating rules of the residence.
ARTICLE III – PURPOSE
These GTC define the obligations and rights of each of the parties, the Establishment and the Customer, from the reservation until the performance of the service and the payment of the price.
ARTICLE IV – CONSENT & SCOPE
These Terms and Conditions apply to all reservations made online (on the Establishment's website or a partner website), by telephone, or on-site.
The Client agrees to reserve accommodation for non-professional purposes: they may not carry out any commercial, industrial, artisanal, or any other professional activity there.
The Client declares to be fully capable of committing to these Terms and Conditions and expressly consents to these Terms and Conditions.
In accordance with the French Data Protection Act of January 6, 1978, and the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Client has, at any time, the right to access, rectify, oppose, erase, and transfer all of their personal data by simple request via mail or email, providing proof of their identity:
Postal address: Résidence Omigna, Route de Piana 20130 CARGESE
Email address: contact@residence-omigna.com
ARTICLE V – PRICING CONDITIONS
The Establishment practices dynamic pricing. Accommodation can 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 price difference for the same rental (duration, category, number of people) and displaying a different price.
Prices are displayed inclusive of all taxes (TTC) and in Euros (excluding tourist tax and other local taxes) and are per apartment for the number of person(s) indicated and on the selected date.
Several rates are available:
The STANDARD rate: best available rate of the day. A deposit of 30% is required at the time of booking, followed by 70% thirty (30) days before the arrival date.
The SMART rate: best available rate of the day 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 available rate of the day for a stay starting within 5 days of booking, rate subject to availability.
The RESIDENT CORSE rate: best discounted rate (-15%) based on the STANDARD rate, for Clients residing in Corsica (proof to be provided on arrival), rate subject to availability and valid from January 1st to June 31st and from September 1st to December 31st.
ARTICLE VI – BOOKING
The Establishment offers four categories of accommodation: Superior and Premium on the upper floor and Superior and Premium on the Ground Floor. The Establishment also offers an apartment specially adapted for People with Reduced Mobility (Superior Ground Floor apartment).
Each apartment has a free parking space (not numbered), outside and uncovered.
The Client is solely responsible for the choice of Services presented on the website of the Establishment or Partner websites, according to their needs.
Prices are confirmed to the Client in the amount including VAT and in Euros (excluding tourist tax and local tax, payable on site), and are only valid for the duration indicated on the booking platform. If the debit to the Establishment is made in a currency other than that confirmed on the reservation, the exchange costs are the responsibility of the Client. All reservations, regardless of their origin, are payable in euros.
Unless otherwise stated on the booking platform, additional services (breakfast, additional services, personalized welcome, etc.) are not included in the price. The taxes (local taxes, tourist taxes, etc.) presented on the price page are to be paid directly on site to the Establishment. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the date of invoicing. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices indicated on the date of invoicing.
The Client chooses the Services presented on the booking platform of the Establishment or partner. They acknowledge having read the nature, destination and booking methods of the Services available). The Client is solely responsible for the choice of Services and their suitability for their needs, so that the responsibility of the Establishment cannot be sought in this regard. The reservation is deemed accepted by the Client at the end of the reservation process.
The Client undertakes to provide, when booking, all the identity and address information that will be requested. The Client certifies the truthfulness and accuracy of the information transmitted. After the final choice of services to be reserved, the reservation procedure includes in particular the entry of the credit card in case of request for guarantee or prepayment, the consultation and acceptance of the general conditions of sale and the Conditions of sale of the reserved rate before the validation of the reservation and, finally, the validation of the reservation by the Client.
DIRECT BOOKING WITH THE ESTABLISHMENT: Reservations are made via the Establishment's website residence-omigna.com, by telephone or on site. Any reservation will be considered complete upon receipt of the prepayment made by the Customer.
The Customer gives their full agreement to the Establishment for the execution of a Secure Distance Selling (VADS) transaction for the payment of the services reserved under the reserved conditions. This VADS will be carried out in accordance with the regulations in force for electronic payment transactions. The Customer communicates their bank details as a prepayment and guarantee of the reservation by credit card (Visa, Mastercard, American Express depending on the possibilities offered by the Establishment's reservation platform) by indicating directly in the area provided for this purpose (secure entry by SSL encryption – 3D Secure), the card number, without spaces between the digits, as well as its validity date (it is specified that the credit card used must be valid at the time of using the Service) and the visual cryptogram. They must present themselves to the Establishment with the bank card used to guarantee the reservation.
Entering the required banking information, as well as accepting these general terms and conditions and the voucher or reservation request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records kept in the Residence's computer systems will be kept under reasonable security conditions and considered as proof of communications, orders and payments made between the parties.
BOOKING VIA A PARTNER: Reservations can also be made via the reservation services of Partners. The Customer accepts these Terms and Conditions as part of their reservation through the Partner.
The reservation, payment and cancellation conditions differ between a direct reservation with the Establishment and via a Partner (see articles IX & XI).
ARTICLE VII – RESERVATION CONFIRMATION
A confirmation of the reservation will be sent to the Customer electronically to the email address provided at the time of booking upon receipt of the prepayment by the Establishment or its Partners.
This Reservation Confirmation will include the details of the reservation: the dates of stay, the number of people, the prices, the conditions of sale relating to the chosen rate and accepted by the Customer, 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 6 26 22 76 81
By email: contact@residence-omigna.com
ARTICLE IX – PREPAYMENT
Payments by check are not accepted.
As part of a Reservation made directly with the Establishment or on the website www.residence-omigna.com:
- Unless different reservation conditions apply (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 booking. This prepayment is considered a deposit.
- The balance corresponding to 70% of the total amount of the reservation will be debited 30 (thirty) days before the arrival date.
Before the Customer's arrival, the total amount must have been paid to the Establishment.
As part of a reservation made on the website of a Partner of the Establishment and in accordance with their general conditions:
• 100% of the amount of the reservation is to be paid at the time of booking.
In both cases, the Establishment will ask the Customer, upon arrival, for a security deposit via a pre-authorization, guarantee or authorization to debit the credit card, in order to guarantee the payment of the sums corresponding to the services consumed on site.
ARTICLE X – CANCELLATION & 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 of cancellation and/or modification of the reservation are specified in the tariff conditions at the time of booking and on the Booking Confirmation.
Reservations with full prepayment (non-cancellable, non-modifiable and non-refundable rate) cannot be modified, refunded and/or cancelled.
If you need to modify your reservation, and if the modification options for the chosen rate allow it, you can contact the Establishment by any means to make this change.
In the event of interruption of stay by the Customer (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 CASE OF RELOCATION: In the event of an exceptional event, force majeure or impossibility to make the reserved apartment available to the Customer, the Establishment reserves the right to accommodate the Customer, in whole or in part, in accommodation of equivalent category, for services of the same nature and subject to the prior agreement of the Customer.
ARTICLE XI – CANCELLATION TERMS
Since billing is based on the services ordered for the entire stay, please pay close attention to the cancellation conditions defined below:
1/ The following are considered cancellations:
- The change of dates of the reservation
- Failure to pay the contractual deposits
- Oral or written warning of the client's non-arrival for personal reasons
- The Customer's non-arrival without warning
- Failure to comply with the Establishment's rules
2/ Cancellations of all or part of the initial reservation must be accepted in writing by the Establishment, which, however, may refuse the request to modify the services without justification. Failing written acceptance from the Establishment, the reservation is maintained in the initial terms, and the Establishment cannot be held liable for the payment of any compensation.
3/ Any stay that has been reserved or has commenced at the Establishment is due in its entirety, in accordance with the reservation made by the client. No reduction or discount will be offered in the event of a no-show or early departure at the client's initiative, regardless of the reason, except for the exceptions stated below.
4/ The client may cancel their reservation by email, postal mail, or by following the link in the Reservation Confirmation email provided for this purpose, according to the conditions below.
CANCELLATION FEES FOR RESERVATIONS MADE DIRECTLY WITH THE ESTABLISHMENT
(Reservations made through a partner website are not concerned)
These vary depending on the time between the date of the reserved stay and the day the cancellation request is received, and according to the chosen rate conditions.
STANDARD Rate:
- À plus de 30 jours avant l’arrivée : aucun frais d’annulation n’est appliqué. Le montant des arrhes est intégralement remboursé.
De 30 jours à 16 jours avant l’arrivée : 60 % du montant total de la réservation est dû.
De 15 à 8 jours avant l’arrivée : 80 % du montant total de la réservation est dû.
À moins de 7 jours avant l’arrivée : 100 % du montant total de la réservation est dû.
- In case of cancellation or no-show on the day of arrival: 100% of the total reservation amount is due.
Tarif SMART/SPÉCIAL & Tarif LAST MINUTE : Ce tarif est non modifiable, non annulable et non remboursable. 100 % de la réservation est à régler dans son intégralité à la réservation. 100 % de frais d’annulation.
For any reservation or cancellation on the day of arrival or in case of no-show, 100% of the reservation will be charged.
CORSE RESIDENT Rate:
- À plus de 30 jours de l’arrivée : aucun frais d’annulation n’est appliqué. Le montant des arrhes est remboursé.
- From 30 days to 1 day before arrival: 30% of the total reservation amount is due.
- In case of cancellation or no-show on the day of arrival: 100% of the total reservation amount is due.
NO-SHOW:
En cas de non-présentation du Client au jour et à l’heure prévus et sans avoir annulé sa réservation, l’Établissement débitera le client de 100 % du montant total de la Réservation. Par ailleurs, la réservation sera considérée comme annulée pour le reste du séjour douze (12) heures après l’heure d’arrivée prévue la plus tardive (soit 19 heures), sauf informations contraires communiquées par le client à l’Établissement.
These provisions apply to reservations made directly as well as to those made via the Establishment's Partner sites.
EARLY DEPARTURE:
Any stay that has begun is due in its entirety. Early departures and services not used by the client, for any reason whatsoever, do not entitle to any refund or reduction. The balance of the stay, extras included, will be invoiced in its entirety. Under no circumstances will the Establishment be required to provide a refund.
CANCELLATION FEES FOR RESERVATIONS MADE VIA A PARTNER:
Les frais d’annulation dépendent du partenaire via lequel la réservation a été effectuée et des conditions tarifaires choisies.
ARTICLE XII – COURSE OF THE STAY:
ARRIVAL: In accordance with the regulations in force in certain countries, the Client may be asked to fill out a police form upon arrival. To do so, the Client must present an identity document in order to verify whether it is necessary to complete the police form.
A security deposit of €1,500 (one thousand five hundred euros) will be required from the Client upon arrival. A pre-authorization will be made on the credit card used for the reservation. This pre-authorization will be released after departure, provided that no damage has been observed in the accommodation. No credit can be granted. The Client is therefore advised to ensure that the necessary funds are available (for example, by requesting an increase in the weekly spending limit from their bank or by making an early payment before or during the stay).
Upon arrival, the Client must present themselves at the Establishment's reception. 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 their arrival time, either at the time of booking in the « remarks / requests » section, or between booking and arrival, by email or telephone.
In the event of late arrival (after 8 p.m.), the keys to the accommodation will be made available to the Client via a secure means, and check-in will be carried out the following morning.
In the event of early departure (before 8:00 a.m.), check-out will be carried out the day before departure before 8:00 p.m.
Pets are not allowed in the Establishment.
STAY:
Any behavior contrary to good morals, public order or the Establishment's Internal Regulations will result in the immediate expulsion of the Client, without compensation or reimbursement if payment has already been made. The Client agrees to respect the Internal Regulations, which are permanently displayed at the Establishment's reception. In the event of non-compliance, the Establishment reserves the right to ask the Client to leave the premises without any compensation or reimbursement.
The Establishment is entirely non-smoking. The Client will be held responsible for direct and/or indirect damage resulting from smoking inside the Establishment. They will be required to pay for the cleaning and restoration of damaged areas or items.
Personal belongings left in the apartments, particularly outside the safe or in the common areas of the Establishment, are the sole responsibility of the Client. The Establishment cannot be held responsible in the event of loss, theft, deterioration or damage caused to these effects.
The Client will benefit from free internet access via a Wifi network.
POOL & GYM ACCESS:
The pool area is a place of relaxation, and the pool is not supervised. Therefore:
- Access to the pool is prohibited for children under 16 years of age who are not accompanied; children remain under the full responsibility of their parents or accompanying adults.
- Access to the gym is prohibited for children under 16 years of age.
LUGGAGE STORAGE:
The Establishment allows its Clients to leave their luggage at reception for a short period, between leaving the accommodation and leaving the Establishment. However, these luggage remain under the responsibility of the Client. The Establishment cannot be held responsible in the event of theft, loss or damage to stored luggage
ARTICLE XIII – LIABILITIES:
NON-PERFORMANCE OF THE RESERVATION:
The Establishment cannot be held responsible for the non-performance or improper performance of the reservation in the event of force majeure, due to a third party, or due to the Client, in particular due to the unavailability of the internet network, the impossibility of accessing the website, external intrusions, computer viruses, or in the event of prepayment not authorized by the cardholder'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 them.
Within the meaning of Article L. 211-16 of the French Tourism Code, the Establishment cannot be held responsible for exceptional and unavoidable circumstances such as, in particular, war, attacks, riots, epidemics, pandemics, cyclones, tsunamis, or for reasons related to maintaining the safety of travelers or at the injunction of an administrative authority.
In the event of theft, loss, breakage or material damage, the corresponding amount will be debited from the deposit paid on arrival, without applying depreciation. If the amount of the damage is greater than the deposit, the Client will be asked to pay the difference.
ARTICLE XIV – COMPLAINTS:
Complaints relating to the non-performance or improper performance of the reserved services must, under penalty of forfeiture, be brought to the attention of the Establishment's Customer Service, mentioned in the General Terms and Conditions, in writing within eight days following the date of departure from the Establishment.
The photographs on the site are for illustrative and indicative purposes. They allow the Client to have as accurate an overview as possible of the Establishment, the accommodation and the services provided. However, changes can be made to both the furniture and the decoration. It is specified that the accommodations do not have the same decorative elements and that they are not identical.
ARTICLES XV – DISPUTES:
The General Conditions are governed by French law, without prejudice to any mandatory protective provisions applicable in the consumer's country of residence.
The Client is informed by the Establishment of the possibility of resorting, in the event of a dispute relating to these General Conditions, to a conventional mediation procedure or to any other alternative method of dispute resolution, under the conditions provided for in Title I of Book VI of the Consumer Code.
After having contacted Customer Service or the Establishment to attempt to resolve the dispute amicably, and in the event of a negative response or absence of response within sixty (60) days from the date of referral, the Client may contact the Tourism and Travel Mediator.
In the event of failure of the chosen amicable dispute resolution method, each of the parties may refer the matter to the competent court to resolve the dispute.
ARTICLE XVI: MODIFICATION
These Terms and Conditions are subject to change at any time. In this case, the Establishment will send the modifications to the Client before the start of the services. From then on, the new version of the Terms and Conditions will apply to the relations between the parties.
ARTICLE XVII: PARTIAL INVALIDITY
The nullity of one or more articles of these general terms and conditions will not invalidate all of them. All other stipulations of these terms and conditions will remain applicable and will have full effect.
ARTICLE XVIII – PROTECTION OF PERSONAL DATA:
In accordance with law 78-17 of January 6, 1978, modified by law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer during their reservation and upon arrival is necessary for processing the reservation and preparing invoices, in particular.
This data may be communicated to potential Partners of the Establishment responsible for the execution, processing, management, and payment of orders.
In accordance with current national and European regulations, the Customer has the right to permanent access, modification, rectification, opposition to portability, and limitation of the processing of their information.
The processing of information communicated by the Customer meets legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data. Furthermore, the Establishment may send its Customers newsletters, promotional offers, and a satisfaction questionnaire following their stay by email.
The processing of information communicated via the Hotel's website has been declared to the CNIL. The Customer can exercise their rights of access, modification, rectification, opposition to portability, and limitation of processing in accordance with current national and European regulations. These rights can be exercised according to the methods defined on the Establishment's page residence-omigna.com.
ARTICLE XIX – INTELLECTUAL PROPERTY
The content of the Establishment's website is protected by French and international laws relating to intellectual property.
Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement.