General Terms and Conditions of Sale - Individual Sales

Article 1: GENERAL PROVISIONS

These general terms and conditions of sale (hereinafter: ” T&Cs”) apply to sales transactions concluded by La Maison d’Estournel (hereinafter: “the Company”) with the Client.

They cancel and replace any previous version that may have been posted online and/or accepted by the Client.

These T&Cs apply to individual bookings of six rooms or less, made at one time, and made directly at our hotel or on our website https://lamaison-estournel.com/ (hereinafter: “the Website”).

The Client undertakes to comply with and to ensure compliance with all the provisions set out in this document, as well as with the legal and regulatory requirements.

These terms and conditions are subject to change at any time, and the terms and conditions applicable will be those in force at the time the booking is made.
The T&Cs may be supplemented by special terms and conditions of sale which will appear on the booking confirmations.

Article 2: CAPACITY

The Client acknowledges that he/she has the capacity to contract, i.e. that he/she is of legal age and is not under guardianship.
The Client also declares that he/she will use the Site in accordance with these T&Cs, in his/her own name and in the name and on behalf of all the beneficiaries of the services ordered by him/her on the Site, for whom he/she acknowledges that he/she is the agent (hereinafter: the “Beneficiaries”) and to whom these T&Cs will be binding.
The Client is financially responsible for the use of the Site made both in his/her name and on behalf of the Beneficiaries, unless he/she can demonstrate fraudulent use not resulting from any fault or negligence on his/her part.

The Client guarantees the truth and accuracy of the information provided by him/her in his/her name and in the name and on behalf of all Beneficiaries using his/her data on the Site.
The Company reserves the right at any time not to enter into a contract with a Client who makes fraudulent use of the Site or who contravenes these T&Cs.
In this respect, the terms of Article 313-1 of the French Penal Code are recalled: “Fraud is the fact, either by the use of a false name or a false capacity, or by the abuse of a true capacity, or by the use of fraudulent maneuvers, of deceiving a natural person or legal entity and thus determining it, to its detriment or to the detriment of a third party, to hand over funds, securities or any other property, to provide a service or to agree to an act creating an obligation or discharge. Fraud is punishable by five years’ imprisonment and a fine of €375,000.”

Article 3: RIGHT OF WITHDRAWAL

Pursuant to the provisions of Article L 121-21-8 of the French Consumer Code, the services offered on the Site by the Company are not subject to the application of the right of withdrawal provided for in Articles L. 121-21 et seq. of the French Consumer Code concerning distance selling.
Consequently, the services ordered on the Site are exclusively subject to the cancellation and modification conditions set out in these T&Cs and the Client may not invoke the right of withdrawal.

Article 4: BOOKING PROCEDURES

Rates are exclusively for the services strictly stated in the booking.
Rates referred to on the website are subject to change without notice and only the rate mentioned in the booking confirmation is contractual.

4.1: Room reservations:
4.1.a: On-line reservations

Rates are quoted in Euros (€) per room per night based on double occupancy. Our rates include all taxes and service. Any change in the applicable rate, or any modification or introduction of new statutory taxes by the competent authorities, will automatically be reflected in the prices indicated at the date of invoicing.
Any additional services provided by the hotel during the stay and, if applicable, the tourist tax, will be added to the price stated in the reservation.
The reservation will only be effective if guaranteed by the Client by providing a valid credit card number at the time of the Client’s stay. The hotel reserves the right to refuse any reservation if the credit card number is incorrect. Upon registration of the reservation, a credit card debit authorization will be made. This authorization will be for information purposes only and will not constitute a debit from the account (except in the case of non-cancellable, non-modifiable promotional rates and full prepayment at the time of booking).
For certain periods, prepayment of the stay will be required (non-refundable).
The Company will send the Client, by e-mail and/or WhatsApp, confirmation of the reservation made.
The reservation is only binding and definitive after receipt of the confirmation sent to the Client by the Company.
The rates, terms and conditions of a reservation are intended for the sale of hotel rooms in accordance with their primary purpose (accommodation). The hotel reserves the right to change the rates, terms and conditions, or simply to cancel the reservation, if the rooms are used for other purposes such as photo shoots, film shoots, showroom, or interviews…
Cancellations and/or changes to bookings may be authorized according to the rate plan chosen by the Client and specified in the booking confirmation. In the event of a no-show at the hotel and in the absence of a cancellation, the conditions indicated on the confirmation are also applicable (from the first night charged to the whole stay, depending on the season).

Dogs are accepted, with a limit of one dog per room, with a supplement payable of €30 per night, per dog.

4.1.b. Third-party reservations

The same provisions apply as in Article 4.1.a.

The rates offered to End Clients by the third party (agency) must be equivalent to the hotel’s advertised rates. In the event that the rate offered by the agency is different from the Company’s advertised rate, the Company reserves the right to terminate the partnership.

Article 5: RESERVATION GUARANTEE AND PAYMENT METHODS

5.1.: Reservation guarantee

An individual reservation is only considered binding if one of the following conditions is met:
• Full prepayment of the stay, by bank transfer or credit card, is made before the Client’s arrival;
• Receipt of the Client’s valid credit card information, the transmission being made by secure means.
The reservation is thus accompanied by the details of the credit card of the occupant of the room: name of the cardholder, valid credit card number, expiry date and cryptogram; following which an authorization form for the debit of the card will be sent to the Client for signature. *
The hotel reserves the right to conduct a pre-authorization on the credit card submitted for the amount of the stay at any time prior to the Client’s arrival to guarantee and secure the reservation.

5.2. : Payment methods
The hotel accepts payments in cash (euros only), by credit card or bank transfer (transfer fees are for the Client’s full account).
The following credit cards are accepted by the hotel: Visa, Mastercard, American Express.
Payments by bank cheque or holiday vouchers are not accepted.
Payment for all services must be made directly to the hotel (except for pre-payable reservations at the time of booking).

5.3.: Privacy Policy – GDPR
Personal data transmitted by Clients to the Company is intended exclusively for departments authorized by Bemer La Maison d’Estournel and, if the Client has consented, for its partners. This data will be retained as long as the Client does not unsubscribe via the unsubscribe link included in each newsletter.
In accordance with Regulation (EU) 2016/679 on the protection of personal data, the Client has the following rights with regard to his/her information: access, rectification, deletion, opposition due to his/her particular situation, limitation of processing and data portability. The Client also has the right to define directives pertaining to what happens to his/her information after his/her death.
To exercise his/her rights or for any questions regarding the processing of his/her data, the Client is free to contact the Communication Department – Michel Reybier Hospitality – Chemin des chalets 9 – CH 1279 Chavannes de Bogis – Switzerland by post or by e-mail at [email protected]
If, after having contacted us, the Client considers that his/her rights regarding his/her personal data are not respected, he/she may as a last resort file a complaint with the CNIL, https://www.cnil.fr/. His/her data may be transferred to a country outside the European Economic Area offering a level of protection recognized as adequate by decision of the European Commission.

Article 6: AVAILABILITY OF ROOMS

Rooms are available from 3 pm on the day of arrival and must be vacated by 12 noon on the day of departure. If this time limit is exceeded, an additional charge may be made for one night’s stay at the advertised public rate.

Article 7: REHOUSING

In the event of force majeure, exceptional events or technical problems in the hotel that make it impossible for the Client to stay, the hotel will make every effort to find alternative accommodation, if possible in a hotel of the same category. The hotel will bear the cost of the accommodation (extra charge).

Article 8: FORCE MAJEURE

Force majeure refers to any event external to the parties that is both unforeseeable and insurmountable and that prevents either the Client or the hotel from fulfilling all or part of the obligations in the contract.
This is particularly the case in the event of a strike, a riot or a health crisis.

It is expressly agreed that force majeure suspends, for both parties, the fulfilment of their mutual obligations and that each party shall bear the costs arising therefrom.
In particular, the Client shall be solely responsible for bearing the additional costs that may be incurred in enabling the continuation of their journey following the occurrence of a case of force majeure.

Article 9: COMPLAINTS

All complaints must be sent to the following address LA MAISON D’ESTOURNEL – ROUTE DE POUMEYS 33180 SAINT ESTEPHE – FRANCE, within 15 days of the departure of the stay that is the subject of the said complaint. After this period, no claim will be taken into account.

Article 10: INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

In accordance with the French Data Protection Act 78-17, Clients are informed that their reservation is subject to computerized personal data processing. Customers have the right to access and rectify the data captured, which may be exercised by contacting the head office of LA MAISON D’ESTOURNEL – ROUTE DE POUMEYS 33180 SAINT ESTEPHE – FRANCE. It must be specified that this information is not communicated to third parties.

The Company offers wireless internet access. The Client undertakes to ensure that the computer resources made available to him/her shall not be used in any way for the purposes of reproduction, representation, provision or communication to the public of works or objects protected by copyright or by a related right, such as texts, images, photographs, audiovisual and musical works, software and video games, without the authorization of the holders of the rights provided for in Books I and II of the Intellectual Property Code, where such authorization is required.
The hotel has a video surveillance system in the common areas of the building. (Law n° 95-73 of 21/01/95 and Decree n° 96-926 of 17/10/96). To exercise your right to access these images, please contact the hotel management: Madame LEBRUN CLOTILDE 0556593025.

Article 11: RESPONSIBILITIES

The Company declines all responsibility in case of theft, loss or damage to Clients’ belongings during their stay or their visit to the restaurant (including vehicles entrusted to valets).

Each room and suite is equipped with a safety deposit box, the use of which is strongly recommended, with a personal code.

Clients will be held responsible for any damage, deterioration or vandalism that may occur as a result of occupying the premises and/or of the participants and/or the staff for whom he/she is responsible, including movable, decorative and immovable property belonging or not belonging to the hotel. The Company therefore has the right to ask the Client in question to leave the establishment without any compensation and without any reimbursement of the stay in progress, and to reimburse the damage caused by such acts.
Within the online sales process, the Company is only bound by an obligation of means. It cannot be held responsible for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, service interruptions or other involuntary problems.

Article 12: RECOMMENDATIONS

The Client agrees not to invite any person whose behavior is likely to be prejudicial to the establishment. The hotel reserves the right to intervene if necessary.

Article 13: INTELLECTUAL PROPERTY

With regards to the use of the website, BEMER LA MAISON D’ESTOURNEL is the owner of all intellectual property rights relating to the site.
The elements accessible on the site, in the form of texts, photographs, images, icons, sounds, videos, software and databases, are also protected by intellectual and industrial property rights and other private rights held by this company.
Unless expressly agreed in writing by the company, it is expressly forbidden to reproduce, exploit, disseminate or use in any way whatsoever, even partially, the elements present on the site, or to disseminate a simple hypertext link.

Article 14: JURISDICTION

Any disputes arising from the application or interpretation of these general terms and conditions of sale shall be governed by French law and shall fall under the exclusive jurisdiction of the French courts, within the jurisdiction of the Paris Court of Appeal.

Article 15: APPLICABLE LEGISLATION

The present General Terms and Conditions of Sale are governed by French law. This applies to both substantive and formal rules. Any disputes shall fall under the exclusive jurisdiction of the French courts.