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 the hotel and similar accommodation business.

- Customer": an individual or legal entity acting for purposes that do not fall within the scope of its 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.

- Reservation Confirmation": an e-mail sent by the Establishment summarizing the characteristics of the reservation, the accommodation, the amounts paid and, where applicable, entering the Customer's credit card number in the case of prepayment or guarantee. Acceptance of the Reservation Confirmation is binding on the Customer.

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

- Online booking": booking of accommodation using the online booking form on the Site's website or partner websites, or by e-mail.

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

- Internal Regulations": a document displayed at the reception desk of the Establishment and identifying the rights and obligations of the Customer and the Establishment. It sets out the rules governing the operation 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 & 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 uses dynamic pricing. Accommodations may be booked at the daily rates offered on www.residence-omigna.com or a partner website. L'Établissement cannot be held responsible for a difference in rate for the same rental (duration, category, number of people) 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 rate: best discounted rate (-15%) based on the STANDARD rate, for customers residing in Corsica (proof to be provided on arrival), subject to availability and valid from January 1 to June 31 and from September 01 to December 31.

ARTICLE VI - RESERVATION

The establishment offers four categories of accommodation: Superior and Premium on the upper floor, and Superior and Premium on the ground floor. Theestablishmentalso offers a specially adapted apartment for people with reduced mobility (Superior garden level apartment).

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

The Customer is solely responsible for choosing the Services presented on theEstablishment's website or Partner websites, according to his/her needs.

Prices are confirmed to the Customer in Euros, all taxes included (excluding tourist tax and local tax, to be paid locally), and are valid only for the period indicated on the reservation platform. In the event of a debit at theEstablishmentin a currency other than that confirmed on the reservation, exchange charges are payable by the Customer. All reservations, whatever their origin, are payable in euros.

Unless otherwise specified on the reservation platform, additional services (breakfast, extra services, personalized welcome, etc.) are not included in the price. Taxes (local taxes, tourist taxes, etc.) shown on the rates page are payable directly to theestablishment. Prices include the VAT applicable on the date of the order, and any change in the VAT rate will be automatically reflected in the prices indicated on the invoice date. Any modification 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 invoicing.

The Customer chooses the Services presented on theEstablishment's or partner's reservation platform. The Customer is solely responsible for the choice of Services and their suitability for his/her needs, and theEstablishmentcannot be held liable in this respect. The reservation is deemed accepted by the Customer at the end of the reservation process.

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

RESERVATIONS DIRECTLY WITH THE ESTABLISHMENT: Reservations can be made via the residence-omigna.com website, by telephone or on site. Reservationsare considered complete upon receipt of the prepayment made by the customer.

The Customer gives his full consent to theEstablishmentto 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 Customer provides his/her bank details, as a requested prepayment and reservation guarantee, by credit card (Visa, Mastercard, American Express, according to the possibilities offered by theEstablishment's reservation platform), by entering directly, in the zone provided for this purpose (secure entry by SSL encryption - 3D Secure), the card number, with no spaces between the digits, as well as its date of validity (it is specified that the credit card used must be valid at the time the Service is used) and the visual cryptogram. He/she must present theEstablishmentwith the bank card 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.

RESERVATION THROUGH A PARTNER: Reservations can also be made through the reservation services of Partners. The customer accepts these GTC when booking through a partner.

Booking, payment and cancellation conditions differ between booking directly with theEstablishmentand via a Partner (see articles IX & XI).

ARTICLE VII - RESERVATION CONFIRMATION

A confirmation of the reservation will be sent to the customer by e-mail to the address given at the time of reservation, as soon as the prepayment has been received by theestablishmentor its partners.

This Reservation Confirmation will include the elements of the reservation: the dates of stay, the number of people, the rates, the conditions of sale relating to the rate chosen and accepted by the Customer, as well as the contact details of theEstablishment.

ARTICLE VIII - CUSTOMER SERVICE

By post: Résidence Omigna - Route de Piana 20130 CARGESE

By phone: +33 6 26 22 76 81

By mail: contact@residence-omigna.com

ARTICLE IX - PREPAYMENT

Payments by cheque are not accepted.

For Reservations made directly with theEstablishmentor on the www.residence-omigna.com website:

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

The full amount must be paid to theestablishmentbefore the customer arrives.

In the case of a reservation made via the website of one of theEstablishment's partners, and in accordance with their terms and conditions :
- 100% of the booking fee must be paid at the time of booking.

In both cases, theEstablishmentwill ask the Customer, on arrival, for a deposit by means of a pre-authorized bank transfer, deposit or authorization to debit the credit card, in order to guarantee 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 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-changeable 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 by the customer (voluntary or involuntary), the full price of the stay will be due; and in the case of total prepayment of the stay, no refund will be made.

IN CASE OF DISPLACEMENT: In the event of an exceptional event, force majeure or the impossibility of making the reserved apartment available to the Customer, the Establishment reserves the right to accommodate the Customer 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 Customer.

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/ Cancellation means :

• Change of booking dates
• Failure to pay contractual instalments
• Oral or written warning of non-attendance for personal reasons
• Customer's failure to arrive without warning
• Breach of Establishment 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 giving 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 whatsoever.

3/ Any stay booked or begun at the Establishment is due in full, in accordance with the reservation made by the customer. There will be no reduction or discount in the event of non-arrival or early departure at the customer's initiative, for whatever reason, except as stated below.

4/ The customer may cancel his 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 FEES FOR BOOKINGS MADE DIRECTLY WITH THE ESTABLISHMENT

(This does not apply to bookings made via a partner site)

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 price :

• More than 45 days before arrival: no cancellation fee. The deposit is refunded.
• From 44 days to 31 days before arrival: 50% of the total booking amount is due.
• From 30 days to 15 days before arrival: 75% of the total booking amount is due.
• From 14 days to 1 day before arrival: 90% of the total booking amount is due.
• In the event of cancellation or no-show on the day of arrival: 100% of the total amount of the reservation is due.

SMART Fare & LAST MINUTE Fare This rate is non-changeable, non-cancellable and non-refundable. 100% of the reservation must be paid in full at the time of booking. 100% cancellation fee.

For reservations or cancellations on the day of arrival or in the event of a no-show, 100% of the reservation will be charged.

Resident Corsica rate :

• More than 31 days before arrival: no cancellation fee. The deposit is refunded.
• From 30 days to 1 day before arrival: 30% of the total booking amount is due.
• In the event of cancellation or no-show on the day of arrival: 100% of the total amount of the reservation is due.

NO-SHOW :

In the event of the customer's failure to arrive on the scheduled day and time, and without having cancelled the reservation, the Establishment will charge the customer 100% of the total amount of the Reservation. In addition, 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.), unless the customer informs the Establishment to the contrary.

These provisions apply both to reservations made directly and to those made via the Establishment's partner sites.

EARLY DEPARTURE :

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

CANCELLATION FEE FOR BOOKINGS MADE VIA A PARTNER :

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.

• More than 45 days before arrival: 30% of the total booking amount is due.
• From 44 days to 15 days before arrival: 75% of the total booking amount is due.
• From 14 days to day of arrival and in case of no-show: 100% of the total amount of the reservation is due.

ARTICLE XII - SCHEDULE :

ARRIVAL In accordance with the regulations in force in certain countries, the Customer may be asked to complete a police form on arrival. To do so, the Customer must show proof of identity in order to check whether this is required to complete the police form.

A deposit of €1,500 (one thousand five hundred euros) will be requested from the customer on 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 noted in the accommodation. No credit will be granted. The customer is therefore invited to ensure that the necessary funds are available (by requesting, for example, an increase in the weekly spending limit from his/her bank, or by making an advance payment before or during the stay).

Upon arrival, the customer must report to the establishment's reception desk. Availability of reserved accommodation is guaranteed from 5pm on the day of arrival (except in cases of force majeure).

Customers are asked 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 e-mail or telephone.

In the event of late arrival (after 8pm), the keys to the accommodation will be made available to the customer by secure means, and check-in will take place 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.

Pets are not allowed on the premises.

STAY :
Any behavior contrary to morality, public order or the Establishment's Internal Regulations will result in the immediate expulsion of the Customer, without compensation or reimbursement if payment has already been made. The Customer undertakes to comply with the Internal Regulations, which are permanently displayed at the Establishment reception desk. In the event of non-compliance, the Establishment reserves the right to ask the Customer to leave the premises without compensation or reimbursement.

The Establishment is entirely non-smoking. The Customer will be held responsible for any direct and/or indirect damage resulting from smoking inside the Premises. He/she will be responsible for the cost of cleaning and restoring any damaged areas or elements.

Personal belongings left in the apartments, particularly outside the safe or in the common areas of the establishment, are the sole responsibility of the customer. The establishment cannot be held responsible for any loss, theft, deterioration or damage to these belongings.

The customer will benefit from free Internet access via a Wifi network.

POOL & GYM ACCESS :
The pool area is a place to relax, and the pool is not supervised. Therefore:

• Unaccompanied children under 16 years of age are not allowed in the pool; they remain the sole responsibility of their parents or accompanying adults.
• Children under 16 are not allowed in the gym.

LUGGAGE STORAGE :
The Establishment allows its Customers to deposit their luggage at the reception desk for a short period of time, between departure from the accommodation and departure from the Establishment. Luggage remains the responsibility of the customer. The establishment cannot be held responsible for theft, loss or damage to stored luggage.

ARTICLE XIII - RESPONSIBILITIES :

NON-FULFILMENT OF RESERVATION :

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

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, in particular, war, terrorist attacks, riots, epidemics, pandemics, cyclones, tsunamis, or for reasons relating to the safety of travellers or the injunction of an administrative authority.

In the event of theft, loss, breakage or damage to equipment, the corresponding amount will be deducted from the deposit paid on arrival, without application of any depreciation. If the amount of the damage exceeds the deposit, the customer will be asked to pay the difference.

ARTICLE XIV - COMPLAINTS :

Complaints relating to the non-performance or improper 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 for illustrative and indicative purposes only. They enable the customer to have as accurate an idea as possible of the establishment, the accommodation and the services provided. However, changes may be made to both furnishings and decor. Please note that not all accommodation features the same decorative elements, nor are they identical.

ARTICLE XV - DISPUTES :

The General Terms and Conditions are governed by French law, without prejudice to any mandatory protective provisions that may apply in the consumer's country of residence.

In the event of a dispute relating to these General Terms and Conditions, the Customer is informed by the Establishment of the possibility of resorting 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 French Consumer Code.

In the event of a negative response or no 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 General Terms and Conditions may be modified at any time. In this case, theEstablishmentwill inform the Customer of the modifications before the start of the services. The new version of the GCS will then apply to the relationship between the parties.

ARTICLE XVII: PARTIAL NULLITY

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 January 6, 1978, amended by law no. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer 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 executing, processing, managing and paying for orders.

In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.

The processing of information provided by the customer complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such 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. Customers may exercise their rights of access, modification, rectification, opposition, portability and limitation of processing in accordance with current national and European regulations. These rights may be exercised in accordance with the procedures defined on the Establishment's page residence-omigna.com. 

ARTICLE XIX - INTELLECTUAL PROPERTY

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

Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.