MalibuSurfHouse

. Terms and Conditions of Sales

1. Object

These general terms and conditions define the rights and obligations of the parties in the context of the distance reservation of services offered by our establishment, the contact details of which are specified in this booking confirmation document. They govern all the necessary steps for booking and follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general terms and conditions of sale and the sales conditions of the reserved rate accessible on our booking platform. These general terms and conditions of sale apply to all reservations concluded via the internet, through our booking platform.


2. Reservation

The customer selects the services presented on our booking platform. He acknowledges having read the nature, destination, and booking terms of the services available on our booking platform and having requested and obtained necessary and/or additional information to make his reservation with full knowledge. The customer is solely responsible for his choice of services and their suitability for his needs, so our responsibility cannot be sought in this regard. The reservation is deemed accepted by the customer at the end of the booking process.


3. Booking Process

Bookings made by the customer are made through the dematerialized booking voucher accessible online on our booking platform. The reservation is deemed to be made upon receipt of the booking voucher. The customer undertakes, prior to any reservation, to complete the information requested on the voucher or the booking request. The customer attests to the truthfulness and accuracy of the information provided. After the final selection of the services to be reserved, the booking procedure includes, in particular, entering the credit card information in case of a request for guarantee or prepayment, consulting and accepting the general terms and conditions of sale and the sales conditions of the reserved rate before validating the reservation, and finally validating the reservation by the customer.


4. Reservation Acknowledgment

Our booking platform acknowledges receipt of the customer’s reservation by promptly sending an email. In the case of online booking, the booking acknowledgment by email summarizes the contract offer, the reserved services, the prices, the sales conditions related to the selected rate, accepted by the customer, the date of the reservation, the information related to after-sales service, as well as the address of the seller’s establishment where the customer can submit his complaints.


5. Cancellation or Modification by the Customer

The customer is reminded, in accordance with Article L. 121-21-8 12° of the Consumer Code, that he does not have the right of withdrawal provided for in Article L. 121-21 of the Consumer Code. The sales conditions of the reserved rate specify the cancellation and/or modification terms of the reservation. Reservations with prepayment cannot be modified and/or canceled. The amounts paid in advance, such as deposits, will not be refunded. In this case, it is mentioned in the sales conditions of the rate. When the sales conditions of the reserved rate allow it, the cancellation of the reservation can be made directly with the establishment, whose telephone details are specified on the reservation confirmation sent by email. Any reservation is nominative and cannot be transferred to a third party, whether free of charge or for a fee.


6. Consumption of the Service

In accordance with the regulations in force in certain countries, the customer may be asked, upon arrival, to fill out a police form. To do this, the customer will be asked to present an identity document to verify whether he needs to complete the police form or not. Any behavior contrary to good morals and public order will lead the establishment to ask the customer to leave the premises without any compensation and/or refund if payment has already been made. For establishments with internal regulations, the customer accepts and undertakes to respect these regulations. In case of non-compliance by the customer with any provision of the internal regulations, the establishment will be obliged to ask the customer to leave the premises without any compensation and/or refund if payment has already been made.


7. Liability

The photographs presented on our booking platform are not contractual. Although every effort is made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the establishments presented give as accurate an overview as possible of the services offered, variations may occur between the time of booking and the day of service consumption. The establishment cannot be held responsible for the non-performance or improper performance of the reservation in case of force majeure, third-party actions, actions of the customer, including internet network unavailability, inability to access the website, external intrusion, computer viruses, or in the case of prepayment not authorized by the cardholder’s bank. Any reservation or payment that is irregular, ineffective, incomplete, or fraudulent for reasons attributable to the customer will result in the cancellation of the order at the customer’s expense, without prejudice to any civil or criminal action against the customer.


8. Complaints

Complaints concerning the non-performance or improper performance of the reserved services must, under penalty of foreclosure, be brought to our attention in writing within eight days after the departure date from the establishment.


9. Prices

The prices related to the reservation of services are indicated before and during the reservation. The prices are confirmed to the customer in TTC amount, in the commercial currency of the establishment, and are valid only 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 fees are borne by the customer. All reservations, regardless of their origin, are payable in the local currency of the establishment, unless otherwise stated on-site. Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.), if any, presented on the rate page, are to be paid directly on-site to the establishment. The prices include the applicable VAT on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the prices indicated on the billing 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 billing date.


10. Payment

The customer provides his bank details as a guarantee for the reservation unless there are special conditions or rates, by credit or private bank card (Visa, Mastercard, American Express, Diners Club… according to the possibilities offered by the establishment’s booking platform) by directly indicating, in the area provided for this purpose (secure input by SSL encryption), the card number, without spaces between the digits, as well as its expiration date (it is specified that the credit card used must be valid at the time of service consumption) and the visual cryptogram. He must present himself at the establishment with the bank card that allowed him to guarantee the reservation. The payment debit is made at the establishment during the stay, except in the case of special conditions or rates where the partial or total debit of the payment is made at the time of booking. This prepayment is called a deposit. In the event of a no-show (unannounced reservation – customer not present) of a reservation guaranteed by a credit card, the establishment will debit the customer, as a lump-sum indemnity, for the amount indicated in its general terms and conditions and special sales conditions. The establishment has chosen elloha.com/stripe.com to secure online payments by credit card. The validity of the customer’s payment card is verified by stripe.com. There may be a refusal of the payment card for several reasons: stolen card, blocked card, limit reached, input error, etc. In case of a problem, the customer must contact his bank on one hand, the establishment on the other hand to confirm his reservation


 and his payment method. In the case of a rate subject to online prepayment, the amount paid in advance, such as deposits, is debited at the time of booking. Some establishments may generate electronic invoices/notes, the original file is certified and available online at the internet address communicated by the establishment.


11. Privacy Policy

The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the responses by the presence of an asterisk. The processed information is intended for the establishment, elloha.com, its entities, its partners, its service providers (including online payment providers). The customer authorizes elloha.com to communicate his personal data to third parties provided that such communication is compatible with the performance of the operations incumbent on elloha.com under these general terms and conditions and in connection with the Charter clients for the protection of personal data. In particular, during online payment, the customer’s bank details must be transmitted by the payment provider stripe.com to the establishment’s bank, for the execution of the booking contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate personal data protection according to the Data Protection Act. However, the customer consents to this transfer necessary for the execution of his reservation. Constellation SAS / Stripe.com, as professionals, have committed to the establishment to take all security measures and respect the confidentiality of the data for such data transfers.


12. Proof Agreement

Entering the required banking information, as well as accepting these general terms and conditions and the voucher or booking request, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized records kept in the computer systems of elloha.com will be kept under reasonable security conditions and considered as evidence of communications, orders, and payments made between the parties. The customer is informed that his IP address is recorded at the time of booking.


13. Force Majeure

Force majeure refers to any event outside the parties’ control that is both unpredictable and insurmountable, preventing either the customer or the establishment from fulfilling all or part of the contract obligations. Force majeure or fortuitous events are those usually recognized by the jurisprudence of the French Courts and Tribunals. Neither party shall be liable to the other party for the non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their reciprocal obligations, and that each party bears the burden of the expenses resulting therefrom.


14. Dispute Resolution

These General Terms and Conditions of Sale are governed by the law of the country of the establishment without prejudice to any applicable mandatory provisions of the consumer’s country of residence.


15. Entirety

These General Terms and Conditions of Sale, the sales conditions of the rate reserved by the customer, and the voucher or booking request express the entirety of the parties’ obligations. No general or specific condition communicated by the customer can be integrated into these general terms and conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the booking voucher or request (including the specific conditions of the reserved rate) and these general terms and conditions. In the event of a contradiction between the booking voucher and the general terms and conditions, the provisions of the booking voucher will be the only applicable ones for the obligation in question. These internet sales terms and conditions may be modified and/or supplemented by the establishment at any time. In this case, the new version of the internet sales terms and conditions will be published online by the establishment. As soon as it is posted online, the new version of the internet sales terms and conditions will automatically apply to all customers.

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